Podcast: Birthstory

Birthstory
By Molly Webster | Radiolab, WNYC Studios | Nov. 22, 2015

Birthstory is a collaboration with the radio show and podcast Israel Story, It traces the journey of a gay couple from Israel that travel to Nepal to pick up their surrogacy-delivered children. While there, Nepal is hit by a devastating earthquake, resulting in the controversial decision by the Israeli government to evacuate its citizens – and their children – but leave behind the gestational mothers. The story follows the couple home, their efforts to contact the (two) gestational mothers, and their reactions on hearing how the women have been treated by the agency in between.

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Report: Birthing a Market: Commercial Surrogacy in India

Birthing a Market: Commercial Surrogacy in India
By Sama – Resource Group for Women and Health | India | 2012

Excerpt from the Introduction:

sama - birthing a marketThere is an urgent need to initiate processes for a critical understanding of commercial surrogacy, that has assumed the proportion of a transnational industry towards building a collective, feminist response to it. This requires a strengthening of linkages between academia and activism that builds a perspective on the interaction of market, technology, patriarchy, and hetero-normativity as seen in this practice.

Further, the Draft ART Bill – 2010, prepared by the Indian Council of Medical Research (ICMR), necessitates a parallel process of mobilizing a wider response, particularly because this proposed legislation will be the first of its kind in South Asia, and is a step forward in checking the untrammeled commercialization of ARTs. In its current form, the Bill is hugely lacking in addressing this as well as the disadvantaged position of the surrogate.

Being a part of debates on the regulation of ARTs, which currently flourish in India in the absence of any state regulation, Sama has often been confronted with issues concerning citizenship, surrogates’ payments, and the contract between the surrogate and the commissioning parents.

Given this, Sama initiated the present research to gain insights into the lives of those at the heart of these issues—the surrogates—in order to make visible, and to better understand their perspectives, subjective experiences, and lives. The study scrutinizes the existing practices in the selected sites of research. Foregrounding the surrogate’s position in the arrangement and in the industry, the study examines several complexities regarding the terms of the contract, the multiple institutions and actors involved, their expectations and conditionalities regarding the surrogate pregnancy, medical practices and technological interventions.

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Article: Mexico Resists Becoming Next Reproductive Tourism “Paradise”

Mexico Resists Becoming Next Reproductive Tourism “Paradise”
by Isabel Reviejo | Latin American Herald Tribune | April 14, 2016

Excerpt:

This piece explores the role of Mexico as “the next niche” for international commercial surrogacy. It describes the scope of current law and legal loopholes, as well as attempts by the state to regulate the practice.

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Article: Gay Couple Win Custody Battle Over Thai Surrogate Mother

Gay Couple Win Custody Battle Over Thai Surrogate Mother
By Oliver Holmes | The Guardian | April 26, 2016

the guardianThis article follows up on a case in Thailand involving a same-sex couple that won a legal battle against the gestational mother who gave birth to their daughter, but refused to sign the paperwork to allow the baby to leave the country when she found out they were gay. It also provides links to articles covering the case of Baby Gammy and a 24-year old Japanese businessman who fathered 16 children with Thai gestational mothers – both of which led to the country’s current ban on the practice.

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For additional background on the case, read more by Oliver Holmes at The Guardian.

Article: Thailand Bans Commercial Surrogacy

Thailand Bans Commercial Surrogacy
By The Guardian | Feb. 20, 2015

the guardianThe Baby Gammy case made headlines in August 2014, when a Thai gestational mother claimed that Australian intended parents abandoned Gammy because of a diagnosis of Downs Syndrome.

This article provides an overview of the case and key elements of the law that came into effect soon after.

According to Thailand’s new law:

  • Foreign and same-sex couples are banned from seeking surrogacy services in the country.
  • Only married heterosexuals, with at least one Thai partner are allowed surrogacy.
  • No fees are allowed for the service.
  • Gestational mothers must be Thai, over 25 years old, and related to the intended parents.

Read the full article >

For more background on the Baby Gammy case and international commercial surrogacy in Thailand, read:

Book: Globalization and Transnational Surrogacy in India

Globalization and Transnational Surrogacy in India: Outsourcing Life
By Sayantani Dasgupta and Shamita Das Dasgupta | Lanham: Lexington Books | 2014
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From the book description:

From computer support and hotel reservations to laboratory results and radiographic interpretations, it seems everything can be ‘outsourced’ in our globalized world. One would not think so with parenthood, however, especially motherhood, as it is a fundamental activity humans have historically preserved as personal and private. In our modern age, however, the advent and accessibility of assisted reproductive technologies (ARTs) and the ease with which they have traversed global borders, has fundamentally altered the meaning of childbearing and parenting.

In the twenty-first century, parenthood is no longer achieved only through gestation, adoption, or traditional surrogacy, but also via assisted reproductive technologies (ARTs), where science and technology play lead roles. Furthermore, in a globalized world economy, where the movement and transfer of people and commodities are increasing to serve the interests of capitalism, gamete donation and surrogate birth can traverse innumerable geographic, socio-economic, racialized, and political borderlands. Thus, reproduction itself can be outsourced.

This edited volume explores one specific aspect of the new assisted reproductive technologies: gestational surrogacy and how its practice is changing the traditional concept of parenthood across the globe. The phenomenon of transnational surrogacy has given rise to a thriving international industry where money is being ‘legally’ exchanged for babies and ‘reproductive labor’ has taken on a lucrative commercial tone. Yet, law, research, and activism are barely aware of this experience and are still playing catch-up with rapidly changing on-the-ground realities. This interdisciplinary collection of essays assuages the dearth of knowledge and addresses significant issues in transnational commercial gestational surrogacy as it takes shape in a peculiar relation between the West (primarily the United States) and India.

More information >

Study: Gestational Surrogacy

Gestational Surrogacy
By Peter R. Brinsden | Human Reproduction Update (Vol. 9, No.5, 2003, pp. 483 – 491)

From the study’s abstract:

Gestational surrogacy is a treatment option available to women with certain clearly defined medical problems, usually an absent uterus, to help them have their own genetic children. IVF allows the creation of embryos from the gametes of the commissioning couple and subsequent transfer of these embryos to the uterus of a surrogate host. The indications for treatment include absent uterus, recurrent miscarriage, repeated failure of IVF and certain medical conditions. Treatment by gestational surrogacy is straightforward and follows routine IVF procedures for the commissioning mother, with the transfer of fresh or frozen–thawed embryos to the surrogate host. The results of treatment are good, as would be expected from the transfer of embryos derived from young women and transferred to fit, fertile women who are also young. Clinical pregnancy rates achieved in large series are up to 40% per transfer and series have reported 60% of hosts achieving live births. The majority of ethical or legal problems that have arisen out of surrogacy have been from natural or partial surrogacy arrangements. The experience of gestational surrogacy has been largely complication‐free and early results of the follow‐up of children, commissioning couples and surrogates are reassuring. In conclusion, gestational surrogacy arrangements are carried out in a few European countries and in the USA. The results of treatment are satisfactory and the incidence of major ethical or legal complications has been limited. IVF surrogacy is therefore a successful treatment for a small group of women who would otherwise not be able to have their own genetic children.

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Article: Surrogacy Boom in Mexico Brings Tales of Missing Money and Stolen Eggs

Surrogacy Boom in Mexico Brings Tales of Missing Money and Stolen Eggs
By Jo Tuckman | The Guardian | Sept. 25, 2014

Excerpt:

the guardian Five days after her caesarean section, Nancy boarded a night bus in the southern Mexican city of Villahermosa and made the 10-hour journey back to her home in the capital. Instead of a baby, she nursed a wad of bills buried in a blue handbag she never let out of her sight.

The cash was the final instalment of her 150,000-peso (£7,000) fee to be a surrogate mother for a gay couple from San Francisco. After a traumatic year that included being all but abandoned by the agency supposedly looking after her, and being falsely accused of demanding additional cash to hand over the baby, Nancy was not so sure it had been worth it. “I just wanted to get my money, go home, rest and forget about it all,” said the 24-year-old, sitting in her tiny apartment in a poor barrio of Mexico City. “And now the money is all gone.”

Nancy’s story says much about the southern Mexican state of Tabasco’s emergence as the world’s most dynamic new centre of international surrogacy, fuelled by the tightening of restrictions in other countries such as India and Thailand.

This article follows gestational mothers and intended parents in Mexico, providing important insights into their lives, the contexts that frame their decisions, and their experiences within surrogacy arrangements and after. In light of closer scrutiny and tighter regulation, it also reveals the chameleon-like nature of the clinics and agencies in between. Mexico Surrogacy, one featured agency, for example, is reportedly set up like a charity that receives “donations” from intended parents which is then passed on to gestational mothers in the form of “aid.”

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Article: Assembling the Global Baby

Assembling the Global Baby
By Tamara Audi and Arlene Chang | The Wall Street Journal | Dec. 10, 2010

This article provides a global overview on laws related to international commercial surrogacy, highlighting the transnational mobility of the practice as regulation around it changes. It might require a subscription or free sign up to The Wall Street Journal.

Excerpt:

the wallstreet journal logoIn a hospital room on the Greek island of Crete with views of a sapphire sea lapping at ancient fortress walls, a Bulgarian woman plans to deliver a baby whose biological mother is an anonymous European egg donor, whose father is Italian, and whose birth is being orchestrated from Los Angeles.

She won’t be keeping the child. The parents-to-be—an infertile Italian woman and her husband (who provided the sperm)—will take custody of the baby this summer, on the day of birth. […]

The man bringing together this disparate group is Rudy Rupak, chief executive of PlanetHospital.com LLC, a California company that searches the globe to find the components for its business line. The business, in this case, is creating babies.

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Article: Make Me a Baby As Fast As You Can

Make Me a Baby As Fast As You Can
By Douglas Pet | Slate | Jan. 9, 2012

Excerpt:

slate magazineThe booming business in international surrogacy, whereby Westerners have begun hiring poor women in developing countries to carry their babies, has been the subject of plenty of media buzzing over the past few years. Much of the coverage regards the practice as a win-win for surrogates and those who hire them; couples receive the baby they have always wanted while surrogates from impoverished areas overseas earn more in one gestation than they would in many years of ordinary work. Heartening stories recount how infertile people, as well lesbian and gay couples who want to have children (and who often suffer the brunt of discriminatory adoption policies), have formed families by finding affordable surrogates abroad. The Oprah Winfrey Show has even portrayed the practice as a glowing example of “women helping women” across borders, celebrating the arrangements as a “confirmation of how close our countries can really be.”

But make no mistake: This is first and foremost a business. And the product this business sells—third-party pregnancy—is now being offered with all sorts of customizable options, guarantees, and legal protections for clients (aka would-be parents).

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Douglas Pet is a senior program associate at the Center for Genetics and Society.