A Critical Evaluation of Legal & Social Aspects of Surrogacy in India


Book Description

Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregnancy is medically impossible, when pregnancy risks are dangerous for the intended mother, or when a single man or a male couple wish to have a child. Surrogacy is considered one of many assisted reproductive technologies. In surrogacy arrangements, monetary compensation may or may not be involved. Receiving money for the arrangement is known as commercial surrogacy. The legality and cost of surrogacy varies widely between jurisdictions, sometimes resulting in problematic international or interstate surrogacy arrangements. Couples seeking a surrogacy arrangement in a country where it is banned sometimes travel to a jurisdiction that permits it. In some countries, surrogacy is legal only if money does not exchange hands.







Discounted Life


Book Description

Sharmila Rudrappa interrogates the creation and maintenance of reproductive labor markets, the function of agencies and surrogacy brokers, and how women become surrogate mothers. Is surrogacy solely a labor contract for which the surrogate mother receives wages, or do its meanings and import exceed the confines of the market? Rudrappa argues that this reproductive industry is organized to control and disempower women workers and yet her interviews reveal that, by and large, the surrogate mothers in Bangalore found the experience life affirming. Rudrappa explores this tension, and the lived realities of many surrogate mothers whose deepening bodily commodification is paradoxically experienced as a revitalizing life development.




Report of the Committee of Inquiry Into Human Fertilisation and Embryology


Book Description

The Report of the Committee of Inquiry into Human Fertilisation and Embryology (1984) (the “Warnock report”) set out the regulatory framework and ethical consensus that still govern human fertilisation today. It was the work of a committee chaired by Warnock, which had spent two years painstakingly sifting evidence from doctors, scientists, anti-abortion groups, faith leaders, and many more.The inquiry was prompted by new in vitro fertilisation (IVF) techniques, which led to the birth of the first “test tube” baby, Louise Brown, in 1978. Some were uneasy about the ethics of IVF, and by 1980 MPs were lobbying for an inquiry.




Globalization and Transnational Surrogacy in India


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 thetwenty-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.




Surrogacy, Law and Human Rights


Book Description

Surrogacy presents particularly complex questions for human rights law and theory. This book provides a unique and insightful examination into the underexplored issues of how domestic and international law is responding to the sharp increase in the use of surrogacy. The work presents critical analysis of the current regulation of surrogacy via domestic law in Australia, India and the USA, and international law in the form of the UN Convention on the Rights of the Child. Including a wide range of views from academics and practitioners around the world, the contributors consider what could be done to further protect the rights of all persons involved in surrogacy arrangements. This in-depth study of the international and domestic law governing surrogacy provides much needed scholarly knowledge of this contemporary phenomenon, along with recommendations for improvement, regulation and reform. The book will be of great importance to human rights and legal scholars, and well as practitioners in this field.




Outsourcing the Womb


Book Description

A quiet revolution has been taking place during the past three decades. The way that children enter families has changed radically among upper middle class families. In the 1980s infertility increasing became defined as a medical problem that could be solved with assisted reproductive technologies (ART) rather than through adoption. Asexual or ‘assisted conception’ involving medical technologies such as in vitro fertilization and embryo transfers began to replace sexual reproduction for infertile couples. Third parties, referred to as surrogates are hired to assist individuals and/or couples who wish to conceive and child with whom they share a genetic tie. This has resulted in a ‘surrogate baby boom.’ Outsourcing the Womb provides a critical introduction to the global surrogacy market. A comparative analysis of the assisted reproductive technology and surrogacy industry in Egypt, Israel, India and the United States disentangles the intersecting roles of race, religion, class inequality, religious law, and global capitalism. Gestational surrogacy challenges the idea of ‘natural’ reproduction and of the meaning of parenthood. What role should the state play in providing individuals and families with access to reproductive technologies? This book concludes with a discussion of ‘reproductive justice’. The goal of this new, unique series is to offer readable, teachable "thinking frames" on today’s social problems and social issues by leading scholars, all in short 60 page or shorter formats, and available for view on http://routledge.customgateway.com/routledge-social-issues.html For instructors teaching a wide range of courses in the social sciences, the Routledge Social Issues Collection now offers the best of both worlds: originally written short texts that provide "overviews" to important social issues as well as teachable excerpts from larger works previously published by Routledge and other presses.




A Transnational Feminist View of Surrogacy Biomarkets in India


Book Description

This book takes a reproductive justice approach to argue that surrogacy as practised in the contemporary neoliberal biomarkets crosses the humanitarian thresholds of feminism. Drawing on her ethnographic work with surrogate mothers, intended parents and medical practitioners in India, the author shows the dark connections between poverty, gender, human rights violations and indignity in the surrogacy market. In a developing country like India, bio-technologies therefore create reproductive objects of certain female bodies while promoting an image of reproductive liberation for others. India is a classic example for how far these biomarkets can exploit vulnerabilities for individual requirements in the garb of reproductive liberty. This critical book refers to a range of liberal, radical and postcolonial feminist frameworks on surrogacy, and questions the individual reproductive rights perspective as an approach to examine global surrogacy. It introduces ‘humanitarian feminism’ as an alternative concept to bridge feminist factions divided on contextual and ideological grounds. It hopes to build a global feminist solidarity drawing on a ‘reproductive justice’ approach by recognizing the histories of race, class, gender, sexuality, ability, age and immigration oppression in all communities. This work is of interest to researchers and students of medical sociology and anthropology, gender studies, bioethics, and development studies.




Outsourcing the Womb


Book Description

Through case studies, Outsourcing the Womb, Second Edition provides a critical analysis and global tour of the international surrogacy landscape in Egypt, India, China, Japan, Israel, Ukraine, the European Union and the United States. By providing a comparative analysis of countries that have very different policies, this book disentangles the complex role that race, religion, class inequality, legal regimes, and global capitalism play in the gestational surrogacy market. This book provides an intersectional frame of analysis in which multiple forms of social inequality and power differences become institutionalized and restrict the access of some individuals and families while privileging others, and concludes with a discussion of "reproductive justice" and "reproductive liberty." It is an ideal addition to courses on social problems, race, gender, and inequality.




Solid


Book Description

Sex selection and commercial surrogacy are practices pursued in the full glare of exposure, demystification, and critique. The female-child sex ratio continues to decline while commercial surrogacy has become a fledgling (trans)national industry. Both practices produce new subjects and agents of self-directed violence, and can be tied to the inequities of 'growth' without redistribution. Yet sex selection is usually represented as a fixture of tradition and commercial surrogacy is recast as a libertarian story of market empowerment. The book attempts, first, to work through and against the common perceptions, rationales, and imaginaries that underwrite these practices, and to analyse the familial, social and market practices, the state policies, the agential modes and retraditionalizing processes which connect them. Second, it attempts to seize the formative conjunctions in the restructuring of patriarchal familial, state and (trans)national market regimes, and to define the confluences and contradictions between them. The argument revolves around the crystallization of a (trans)national reproductive formation grounded in conception and contraception that can be mapped on the relations between waged and non-waged domestic-procreative labor which converge in accumulation processes in the transition to a neoliberal economy. It considers the implications of post-Fordist redistributions of labor, manufacture and services, as well as of familial constraint and market emancipation. Given the transnational shaping of social reproduction, and of social and postsocial bodies, it asks if patriarchal practices can be defined solely on national or regional lines, and argues that neoliberal capitalism puts both fixities and flexibilities into play. The book shows how the implications of selective procreation extend far beyond the domestic domain, and reformulates the ground of left-feminist critique towards theorizing an 'open contemporaneity' that can still account for systemic structures.