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Womb Outsourcing: Commercial Surrogacy in India
David M Frankford1, Linda K Bennington, Jane Greene Ryan
1David M. Frankford is a Professor of Law, Rutgers Law School, Camden, NJ. Linda K. Bennington is a Senior Lecturer, School of Nursing, Old Dominion University, Norfolk, VA. Jane Greene Ryan is an Assistant Professor, Drexel College of Nursing and Health Professions, Philadelphia, PA. She can be reached via e-mail at jg345@drexel.edu.
Transnational commercial surrogacy offers an affordable option for U.S. couples facing infertility. However, the practice raises ethical concerns regarding the financial vulnerability and legal protection of surrogate mothers in India.
Area of Science:
- Reproductive Health
- Medical Ethics
- Socioeconomics
Background:
- Infertility impacts millions of American couples, with rising treatment and surrogacy costs in the U.S.
- Transnational commercial surrogacy, particularly in India, presents a more affordable alternative for U.S. couples.
- Advertisements for global medical tourism promote commercial surrogacy as a cost-effective solution.
Purpose of the Study:
- To review the complex factors influencing transnational commercial surrogacy.
- To examine the ethical considerations surrounding surrogacy arrangements, especially for Indian surrogate mothers.
- To highlight the need for further research, including the perspectives of surrogates and their families.
Main Methods:
- Multidisciplinary literature review.
- Analysis of factors including infertility costs, global travel, and economic vulnerabilities.
- Examination of ethical issues such as decision-making, gender inequities, power dynamics, and legal protections.
Main Results:
- Transnational commercial surrogacy is driven by high U.S. infertility treatment costs and the lower expenses in countries like India.
- Indian surrogate mothers, often from impoverished backgrounds, are motivated by significant financial incentives.
- Ethical questions arise regarding informed consent, exploitation, and inadequate legal safeguards for surrogates.
Conclusions:
- Transnational commercial surrogacy is a multifaceted issue influenced by economic disparities and global accessibility.
- The practice necessitates careful ethical consideration, particularly concerning the welfare and rights of surrogate mothers.
- Further research is crucial to understand the lived experiences and perspectives of surrogates and their families in India.
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