The pregnant body has been commercialized. In 2022, the global surrogacy industry was worth $14 billion, and it is expected to grow to be valued at $129 billion by 2032.
Commercial surrogacy is surrogacy where the pregnant person is paid for their services. On average, commercial surrogacy can cost those who are referred to as the “intended parents” between $60,000 and $150,000 in the United States. Intended parents can shop for their surrogate through outlets such as surrogacy agencies. Legal documents can be created to establish reimbursement for the surrogate, define the custody of the child, and recognize the risks that come with pregnancy and childbirth.
Surrogacy is a highly divisive topic, especially in feminist circles, as it is a reproductive choice that typically affects women and other marginalized genders. On one hand, some feminists argue that surrogacy is an individual’s choice to make, but on the other hand, it is argued that this choice is influenced by unavoidable factors — like class and monetary coercion — and that surrogacy is simply another method of patriarchal oppression.
“As a lesbian and feminist, surrogacy is a moral issue for me, because I know that it has the potential to be exploitative. However, at the same time, I wish to have a child,” said Maggie Jutze, a senior majoring in public administration.
The first concern regarding commercial surrogacy is that of class and labor — what are the ethics of purchasing a body? There becomes a clear class distinction between the surrogate and the intended parents as the pregnant body is commodified and the womb becomes a mode of labor; the surrogate and the intended parents exist within two different classes. This class difference can potentially lead to exploitation as the intended parents hold financial power over the surrogate.
Because of the financial incentive, surrogates are led to put their lives and wellbeing at risk. It is common knowledge that pregnancy is dangerous. The United States maternal mortality rate is 32.9 deaths per 100,000 births. Even if death does not occur, around 8% of pregnancies involve medical complications such as hyperemesis gravidarum, gestational diabetes and preeclampsia.
Another concern regarding commercial surrogacy is that in the United States, there are no federal laws that regulate surrogacy; laws regarding surrogacy are decided by the states, which can lead to further exploitation of surrogates. For example, surrogacy is banned in New York and Michigan, but surrogates are able to travel out of these states to perform the service, as some states, such as California, have no residential requirements for surrogates.
When unsatisfied with surrogacy options in the United States, intended parents can turn their attention overseas to often-cheaper options. However, because of the cheaper price, international surrogates receive even less compensation than surrogates in the United States. For example, in India, prior to the banning of commercial surrogacy, surrogates were only paid between $5,000 and $7,000.
Also, one must ask what the implications are of Americans purchasing the bodies of people less fortunate than them in other countries. In India, lower-class women were incentivized to sell their bodies to foreigners, as they could make more money being a surrogate than working their regular jobs. This practice only exacerbates the inherent class difference in commercial surrogacy.
Surrogacy can potentially be ethical and exist outside of capitalistic exploitation, as seen through altruistic surrogacy, which is surrogacy in which someone, typically a friend or family member, volunteers to be a surrogate without financial compensation. Altruistic surrogacy can help people such as infertile couples, LGBTQ+ couples and single parents.
Ultimately, commercial surrogacy is an ethical conundrum with implications that must be grappled with. Commercial surrogacy cannot exist outside of its exploitative nature, as surrogates risk their own lives to provide children to intended parents, and there are no federal laws to protect them from said exploitation. Altruistic surrogacy is arguably the only solution to commercial surrogacy as it appears to be free of the exploitative nature of commercial surrogacy.
