Human exceptionalism demands that human equals be treated with equal respect regardless of their economic circumstances. This means, as just one example, implacable opposition to slavery and human trafficking. It also means opposing using the poor and destitute as biological resources, such as through kidney purchasing and paying destitute women to be surrogate wombs for Westerners who either can’t, or don’t want to, bear their own children.
The latter practice has potentially devastating psychological and physical consequences to the birth mothers–but that point is often entirely missed in media reports about international surrogacy. Rather, as in the following story in the Australian newspaper the Brisbane Times, the media generally focus on problems faced by the purchasers. From the story:
Most new parents expect to take their baby home after a few days but a German couple, Jan Balaz and Susan Lohle, are still waiting after more than two years. Their twin sons, Nikolas and Leonard, have been trapped in citizenship limbo ever since an Indian surrogate mother gave birth to them in February 2008. The boys were refused passports by their parents’ homeland because German nationality is determined by the birth mother. That left the slow-moving Indian judicial system to wrestle with their citizenship status. The case has now reached the country’s highest court.
Then, there’s this story:
Another heartbreaking Indian surrogacy controversy, this time involving two Canadian doctors, was revealed by the Toronto Star this week. The couple received a devastating shock when they applied for Canadian passports for what they believed were their twins borne by an Indian surrogate. A DNA test ordered by the Canadian high commission in New Delhi revealed the twins were not related to the Canadian couple – or to the birth mother – but were the product of fertilised eggs from an unknown mother and father. The doctors left India childless and the twins may spend their childhood in an orphanage.
Once again, the problems experienced by the surrogate aren’t even considered. But when you think about it, such indifference is entirely logical. They aren’t hired as persons, but as uteruses. (Yes, I know that some purchasers treat the women well, but that doesn’t change the overarching point.) And note how unimportant the children become when they fail to pass DNA muster. (How many children with disabilities are refused by purchasers?)
The prosperous West has developed such a sense of entitlement that many believe they “deserve” to have their every desire fulfilled and every dream come true. Thus, the Australian government seems unhappy that India might tighten the rules:
A bill to govern assisted reproductive technology and surrogacy has been drafted but, as the Herald reported on Monday, it threatens to make it much harder, and maybe impossible, for Australian couples to hire Indian surrogates. Under the proposed law, a foreign couple wanting to enter an agreement with an Indian surrogate would need a written guarantee of citizenship for the child from their government. In a response to questions from the Herald the Australia High Commission said it expected Indian laws to change in response to the growing demand for surrogacy. ”Any changes to legislation in India could impact on eligibility for Australian citizenship,” the statement said. The Indian legislation would also prohibit gay couples from hiring surrogates unless local laws change to recognise same-sex relationships.
Again, the women womb renters are invisible.
I believe it should be should be made harder, much harder–indeed, preferably illegal–to pay unrelated women to be surrogates, particularly destitute women overseas. Indian women are not commodities that rich Westerners are entitled to rent and forget. Such surrogacy-for-money contracts should be declared void as against public policy. That would protect women from being exploited, would prevent the kind of snafus discussed in the story that not only hurt would-be parents but more importantly, may leave children tossed aside, and blunt the drive to expand biological colonialism.
Right, Wesley: Fat chance. All that matters is the emotional pain of want-to-be parents. The potentially devastating emotional impact of gestating and bearing a child–only to have to give it up–on the Indian women, not to mention occasional physical consequences, aren’t even considered. After all, we are entitled.
May 14th, 2010 | 1:38 pm
[...] This post was mentioned on Twitter by Vince Humphreys. Vince Humphreys said: SHS: Biological Colonialism: Ignoring The Exploitation of Women in “Rent a Womb” Contracts in India http://bit.ly/bC4RQc #tcot [...]
May 15th, 2010 | 12:54 pm
I believe it should be should be made harder, much harder–indeed, preferably illegal–to pay unrelated women to be surrogates, particularly destitute women overseas.
Right on, Wesley! Nice to see such clarity and resolve and willingness to call for a law. I disagree though about it being a “fat chance” to stop this immoral exploitation of women and children, I think there is a pretty good chance, especially if we don’t get discouraged by defeatist attitudes.
May 15th, 2010 | 3:55 pm
There have been articles that focus on the surrogates and on their feelings concerning the surrogacy, both during and after. You could locate those articles if you were so inclined. Further, those articles also speak with surrogates who have done multiple surrogate pregnancies. That the same women are returning multiple times to voluntarily be surrogates would be a strong indicator that their emotional needs are being met during the process and they feel comfortable repeating it, knowing first hand all the process entails.
I take strong exception to your conclusion about how “unimportant the children become when they fail to pass DNA muster”. Having read the original article that you quoted and drew that erroneous conclusion, there is nothing in the article implying that the children are unimportant, much less because of their dna. The parents knowingly had children which were not composed of their dna. The wanted their children, regardless of their dna, and tried to take them home. The Canadian authorities denied the children citizenship because they are not biologically related to the parents. The parents were devastated, which is hardly the reaction of people who don’t care. Perhaps the best way to solve this issue, is not to ban the children from existence, but to clarify the bureaucracy and guarantee their citizenship when they are born.
Lastly, have you sought any input from the women who are surrogates and asked them whether they feel the practice should be continued? They are represented by their own legislators and can and do speak for themselves in an entirely voluntary process. Certainly their economic or educational situation does not preclude them from forming well thought out opinions on what they should be permitted to do with their own bodies, nor should those opinions be discounted. It would more than a tad hypocritical to presume to speak for these women, if you haven’t spoken with them at all.
May 15th, 2010 | 4:58 pm
“That the same women are returning multiple times to voluntarily be surrogates would be a strong indicator that their emotional needs are being met during the process and they feel comfortable repeating it, knowing first hand all the process entails.”
It could also mean that they are desperately poor and would do anything for the money they’ll be paid. There are plenty of awful situations that people will voluntarily subject themselves to if they don’t see an alternative. The fact that people are going from the rich west to poor India to pay surrogates makes my skin crawl.
May 21st, 2010 | 2:26 am
How commercial surrogacy is practiced in India is a mix of unethical cruelty for the women and intended parents.
There are about 3000 ART centers in India.
Some of them have transparent practices.
Others do not have.
The workmanship and competency of medical practitioners is questionable.
Some wont even hesitate to use unmarried girls having no children of their own.
The poverty makes them to sign the contract if not they have other means.
Contract is signed for 2- 3 years though it is illegal. The poor wont be knowing about it.
Some times more than one woman is made to carry the fertilized egg of same genetic parents.
The one which is not god or of different sex than the needed one will be aborted.
Woman are paid less if they do not complete the term .
Money taken from intended parents for neonatal care so it is business practice to have premature births.
From some such facilities you can buy 7 month old embryos they are used in Indian witch craft.
The genetic identity you can not make out without an independent genetic test even if it is not proved who is going to help you and how you address the issue is questionable.
If the child is of not your genetic identity what is the use of having a surrogate baby you can very well adopt.
It is not uncommon here that Indian woman giving birth to white /African children courtesy semen banks.
In case of Indian parents you will never get to know if the child is not genetically yours. In a good No. of cases in order to save money they may not use donated eggs.
They drug down the women to stop them developing attachment to the child.
Anonymous surrogacy is practiced like this
Semen sample(1) will be given a number egg another .(2)
They are fertilized Another No.(1+2)= x Now the the number x only will be known to the next practitioner most probably the earlier No and ledgers will not be there for further references.
X will be implanted in woman y then after birth of the child another No. As in every step No. Changes and its origin is not known to the practitioner it is very difficult to trace back .
The ART centers charge around $ 20000 for a baby.
Out of this around$3500 to the woman
To the general practitioner who gets the woman About $1000
The person who deliveries the baby gets around $2000.
Rest is For the ART center.
Business is very lucrative.
Cheapness of Indian baby comes with a price.
You are exploiting the the poor at the same time you too are exploited.
Your child (embryo) may end up in the hands of witches of India.
The fate of unused eggs and sperm will be a mystery.
Genetic identity may differ.
Your baby is born in chemicals Developed in chemicals and injected with chemicals in neonatal care but who cares.
This can be overcome up to some extent if you make your own contract with the surrogate and personally get to know her before getting her pregnant.
Indian couples can very well do it. No stigma should be attached on the basis o caste cause any how the woman is carrying your child and helping you to have a family here sacrifice should not be valued in terms of money. After all for any amount of money you can not do it.
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