Legalizing commercial surrogacy will result in the widespread suppression and erosion of norms surrounding women’s rights

Women and Children First

by Marion D. Boteju

Men and women struggling with infertility know real heartache. However, as citizens of a country founded on the struggle for rights and freedom, Americans have a civic and moral duty to confront laws that marginalize the already marginalized and threaten to create a second-class citizenry.

Cuando yo crezca, voy a tener bebes por dinero. Igual que mi mama.

When I grow up, I want to have babies for money. Just like my mom.

The women most at risk of hearing these words are women of color, immigrant women, and women in developing countries: in other words, the most marginalized and vulnerable. These are sisters, mothers, and daughters who are the supply-side target consumers in the multi-billion dollar “wombs for rent” industry of commercial surrogacy.

Earlier this summer, the District of Columbia’s City Council held hearings on the Collaborative Reproduction Act that will be reintroduced in 2014. Supporters presented the bill as a “solution” for couples struggling with infertility. In effect, this bill would legalize commercial surrogacy—women renting out their wombs to incubate the in vitro fertilized fetuses of other couples—in our nation’s capital.

This is not the American dream, at least not for the women I know.

Fertility treatments have a long and lucrative history in the global marketplace. In 2009, the IVF industry was worth nearly $4 billion in the U.S. alone. In comparison, surrogacy is a relatively new and burgeoning industry. The first paid surrogacy agreement on record wasn’t drafted until 1980.

Men and women struggling with infertility know real heartache and hope. However, as citizens of a country founded on the struggle for rights and freedom, Americans have a civic and moral duty to confront laws that marginalize the already marginalized and threaten to create a second-class citizenry.

The “Collaborative Reproduction Act” is riddled with vague provisions and loopholes that make practices like commercial surrogacy a near-certainty. It allows for “intangible expenses” such as “forbearance” and “inconvenience.” The law will consider all ancillary expenses “reasonable” if negotiated by independent attorneys. Furthermore, it will leave a door open for complications for surrogate children by allowing “any party to a gestational carrier agreement” to file a petition for parentage. The provision sets the stage for disputes between two sets of parents who want the child. Moral and legal chaos awaits us in the new reign of commercialized reproduction.

Unseen evils of the surrogacy regimen already abound in areas where the practice is regulated and legalized. Looking to the East, women in India are typically paid an estimated $6,000 - $8,000 per pregnancy. “Unsuccessful” pregnancy results in a dock in pay. Meanwhile, the reported charge to couples seeking a child from a surrogate can range from $25,000 - $45,000. This leaves a pretty hefty profit margin for those who facilitate the arrangements. Women who fall victim to this predatory market are, in effect, selling their body parts and subjecting themselves to the inherent risks of pregnancy to provide for their children and families.

This particular assault on the dignity of women takes a twisted turn as the reproductive industry incentivizes profitable pregnancy and short-term “motherhood.” Legalizing commercial surrogacy will result in the widespread suppression and erosion of norms surrounding women’s rights, with particular consequence for vulnerable female populations. The trade-off for a woman choosing to place a price tag on her womb is her right to dignified and safe employment, education, and sustainable economic mobility for her family—markers of true progress for women, and consequently, for children as well.

It is reported that the current cost to rent a womb in the United States ranges from $80,000 - $165,000. Commercial surrogacy laws differ from state to state, with the involvement of state courts ranging widely, but as the market for commercialized motherhood in our backyard grows, cities and states are weighing in. A thorough listing of state positions can be found on the website for the Center for Bioethics and Culture. In 2014, at least two major U.S. cities will consider laws on surrogacy: New York City and the District of Columbia.

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