Commercial surrogacy: how provisions of monetary remuneration and powers of international law can prevent exploitation of gestational surrogates
- 26 February 2013
- journal article
- Published by BMJ in Journal of Medical Ethics
- Vol. 39 (6), 397-402
- https://doi.org/10.1136/medethics-2012-100527
Abstract
Increasing globalisation and advances in artificial reproductive techniques have opened up a whole new range of possibilities for infertile couples across the globe. Inter-country gestational surrogacy with monetary remuneration is one of the products of medical tourism meeting in vitro fertilisation embryo transfer. Filled with potential, it has also been a hot topic of discussion in legal and bioethics spheres. Fears of exploitation and breach of autonomy have sprung from the current situation, where there is no international regulation of surrogacy agreements—only a web of conflicting national laws that generates loopholes and removes safeguards for both the surrogate and commissioning couple. This article argues the need for evidence-based international laws and regulations as the only way to resolve both the ethical and legal issues around commercial surrogacy. In addition, a Hague Convention on inter-country surrogacy agreements is proposed to resolve the muddled state of affairs and enable commercial surrogacy to demonstrate its full potential.Keywords
This publication has 31 references indexed in Scilit:
- Why do people postpone parenthood? Reasons and social policy incentivesHuman Reproduction Update, 2011
- Cross-border assisted reproduction care in Asia: implications for access, equity and regulationsReproductive Health Matters, 2011
- Globalisation of birth markets: a case study of assisted reproductive technologies in IndiaGlobalization and Health, 2011
- India-EU relations in health services: prospects and challengesGlobalization and Health, 2011
- Iran's experience with surrogate motherhood: an Islamic view and ethical concernsJournal of Medical Ethics, 2009
- Altruistic surrogacy: the necessary objectification of surrogate mothersJournal of Medical Ethics, 2009
- This Body Which is Not One: The Body, Femininity and DisabilityBody & Society, 2009
- ENHANCING AUTONOMY IN PAID SURROGACYBioethics, 2008
- Financial compensation of oocyte donorsFertility and Sterility, 2007
- Does surrogacy have a future after Brazier?Medical Law Review, 1999