W3- Commercial Surrogacy Hymryd/Anderson

Question 1

Non-commercial surrogacy

Answer 1

no payment is provided to the surrogate mother although the prospective parents may provide reimbursement for medical care - typically occurs between family members + friends.

Question 2

Commercial surrogacy

Answer 2

a fee is paid to the surrogate mother who carries the pregnancy - commonly occurs between individuals previously unknown to each other.

Question 3

International surrogacy

Answer 3

commercial, gestational surrogacy which occurs across country borders, typically with prospective parents from wealthier countries + surrogate mothers from poorer countries

Question 4

Harmful/wrongful exploitation

Answer 4

someone is [wrongfully] exploited when they are induced to behave in a manner contrary to how they want to act

Question 5

Mutually advantageous / beneficial exploitation

Answer 5

• A + B gain relative to the no-transaction baseline, but transaction is unfair to B in some way
  intended parents + surrogate gain from the transaction but the interests of wealthy contracting couples are better served

Question 6

Hymryd argues

Answer 6

•absence of regulations has created a market that is free but not fair = mutually beneficial exploitation
•only valid objection to international surrogacy = surrogate mothers may be exploited by being given too little compensation
- international surrogacy fair is following Fair trade conditions and principles

Question 7

Reasons against surrogacy

Answer 7

1. The Welfare Argument
2. The Commodification Argument
3. The Exploitation Argument

Question 8

1. The Welfare Argument

Answer 8

possibility of physical / psychological harm to the surrogate mother or child.

Question 9

2. The Commodification Argument

Answer 9

International surrogacy commodifies reproduction, children + women, and unlike the international trade in coffee, human life has infinite value shouldn’t’ be traded in the marketplace.

Question 10

3. The Exploitation Argument

Answer 10

a. Mutually advantageous exploitation

b. Harmful exploitation- surrogate makes grave self sacrifice

Question 11

Fair Trade Surrogacy Proposal

Answer 11

Regulation of international surrogacy should be concerned with limiting mutually advantageous exploitation.

Question 12

3 standards of Fair Trade Surrogacy proposal

Answer 12

1. Payment of Fair Price – should take into account surrogate mother’s time, risks + labour
2. Working Conditions – safe + healthy working environment that minimize potential physical + psychological harm
3. Transparency + Accountability of financial transactions between surrogacy brokers, prospective parents + surrogate mothers

Question 13

2 Ways to implement fair trade surrogacy

Answer 13

1. Formal International Agreement governing inter-country surrogacy could be developed + adopted by participating countries.
2. Regulation Through Immigration Law - prospective parents must work with a nationally accredited adoption service provider (brokers + agencies involved in international surrogacy

Question 14

Objections to FTS proposal

Answer 14

No reason to believe that the fair-trade policy benefits the child, or deduces from the notion of the child being a commodity

Question 15

Rebuttal of Objections to FTS proposal

Answer 15

Doesn’t take into consideration the child, but perhaps if they are adequately funded or paid, they have more incentive/resources to bring the child to birth with the best resources
–> Healthier for the child in the long term

Question 16

Medical Tourism Reproductive tourism

Answer 16

causes in which a commissioning couple offers a surrogate women money in exchange for gestational services

Question 17

Anderson Argument

Answer 17

• commercial surrogacy is morally wrong bc it commodifies children + women’s reproductive labour
• implication of her view: only the women has parental rights / claims on the child to be
• surrogacy in all its forms is inherently problematic

Question 18

Anderson commercial surrogacy 3 key issues

Answer 18

1. commodification of children
2. commodification for women’s reproductive labour
   and exploitation

Question 19

objections to Anderson

Answer 19

1) labour can always be classed a commodity- can be considered a standard job
2) How is it different to prostitution?
3) Not morally problematic in comparison to things we already allow eg sweatshops

Question 20

Rebuttal of objections to Anderson

Answer 20

1) dire health risks- not accurately compensated

2) surrogacy is expensive- thus onlt avaible to upper class leading to social inequity