Outsourcing is normal in today’s globalized economy. But now the global south are not only offering services such as customer support and low skilled assembly work to their wealthier counterparts. From the New York Times:

An enterprise known as reproductive outsourcing is a new but rapidly expanding business in India. Clinics that provide surrogate mothers for foreigners say they have recently been inundated with requests from the United States and Europe, as word spreads of India’s mix of skilled medical professionals, relatively liberal laws and low prices.

Yes, it’s wombs for rent. For about 25.000 US dollars, you get payments for the surrogate mother, medical procedures, plus plane tickets and hotel nights for two trips to India, one for the fertilization and one for collecting the baby. The egg donor and the surrogate are different women, as it is said to be less likely for the surrogate to bond with the baby if there is no genetic connection.

The surrogacy business in India has made a sharp upturn in the last years, and people in the business are afraid that less scrupulous providers will smell the money and leave ethics aside.

The Ministry of Women and Child Development said in February that it was weighing recommending legislation to govern surrogacy, but it is not imminent.

An article published in The Times of India in February questioned how such a law would be enforced: “In a country crippled by abject poverty,” it asked, “how will the government body guarantee that women will not agree to surrogacy just to be able to eat two square meals a day?”

Some people might argue that we should view this as any business transaction, but I’m not at all comfortable with the idea of viewing reproduction as a commodity, especially when there is such huge power differentials in play.

“Surrogates do it to give their children a better education, to buy a home, to start up a small business, a shop,” Dr. Kadam said. “This is as much money as they could earn in maybe three years. I really don’t think that this is exploiting the women. I feel it is two people who are helping out each other.”

Mr. Gher agreed. “You cannot ignore the discrepancies between Indian poverty and Western wealth,” he said. “We try our best not to abuse this power. Part of our choice to come here was the idea that there was an opportunity to help someone in India.”

In the Mumbai clinic, it is clear that an exchange between rich and poor is under way. On some contracts, the thumbprint of an illiterate surrogate stands out against the clients’ signature.

This kind of globalization makes me very uncomfortable, and I think the practice should be examined with a critical eye. That does not mean that we should pass judgment on the persons on either side of the transaction - the couple who can’t conceive for whatever reason (Mr. Gher and his partner who are featured in the article are gay), and the woman who by carrying someone else’s baby can make a lot more money than she would on a normal job.

But there are so many issues here: what if the surrogate changes her mind? What if the couple changes their mind? What if the surrogate mother wants out? In India, this is regulated with contracts, but once again we have to look at the wealth and power differential here. As far as I can tell from quickly researching the subject, in the US, while surrogacy may not be illegal, contracts relating to it have been declared unenforceable. In Sweden, surrogacy is illegal, while in neighboring Finland, it’s legal. However, no money is allowed - the surrogate is doing it for altruistic reasons.

One thing which also makes me uncomfortable about the whole thing is that one reason why Indian surrogates are increasingly popular (besides the relatively cheap costs, good medical professionals and favorable legislation) is that Indian women are easier to “police”. As it says in the article:

Dr. Naina Patel, who runs the Anand clinic, said that even Americans who could afford to hire surrogates at home were coming to her for women “free of vices like alcohol, smoking and drugs.” She said she gets about 10 e-mailed inquiries a day from couples abroad.

Just how much say should the couple using the surrogate have to say over what the surrogate mother does to her body? You’re using her womb, yes, but the whole body is affected by the pregnancy, and so is the mind. No drinking, smoking or drugs during pregnancy - perfectly fine and reasonable of course, but what else can you compel the surrogate to do? I think with this international reproductive outsourcing there is more potential for abuse and for using the power/money leverage to make unreasonable demands.

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