I’m reading this morning about the surrogacy baby factories in India in the current issue of Time magazine. I personally know of more than one family who has acquired their child using surrogacy. I’m not a fan. Learning about the in utero mother baby bond has done it for me. Separating the baby from its gestational mother creates trauma in the child.

Both India and Africa are hot beds in the trade of women’s bodies to create babies for their intended families. There is also surrogacy in the United States. Always it is a matter of poverty and money.

One poor woman writes – she went to the clinic to live out her pregnancy because she was worried that being pregnant while divorced would subject her to malicious rumors. “If I tell anyone, they think that I am going to give away my own child. They don’t understand that I am simply giving my womb on rent.” Still, as far as that baby in her womb is concerned – it IS her own child.

I do have sympathy and compassion for the poor women who turn to surrogacy as their only method of creating revenue. This is a difficult situation. Without a doubt, commercial surrogacy takes advantage of low income women. I do not believe that making only Altruistic Surrogacy legal is the answer as it does not address the poverty that drives woman to provide their wombs in service to prospective parents. It will likely only drive the practice underground. A 9 month long commitment is a huge demand on any woman’s life.

Legal protection is needed – for both the surrogates and the intended parents. There needs to be medical insurance for the surrogates and a minimum amount of compensation for the time they are devoting. Don’t get me wrong – I still do not favor surrogacy. However, I am being realistic about the financial circumstances that drive a woman to agree to this. Banning the procedure will not work any better than it has worked for banning alcohol or illicit drugs. One needs to look at the source of what is motivating the behavior – poverty and desperation.

Sital Kalantry is a clinical professor at Cornell Law School and has written extensively about surrogacy. She worries about the lack of informed consent and notes that many of the women are unable to read the contracts, which are written in English, and they sign them using a thumbprint. The clinic highlighted in the Time magazine article has a C-Section rate of 70%. It probably is safer for the fetus than a vaginal birth but it is definitely more convenient for the doctor (your blog author raises her hand that she has had 2 C-Sections – these were said to avoid transmission of the hepC virus she co-exists with). And it is more convenient for the intended parents because they know when to pick up their baby.

A ban on commercial surrogacy in India will only send the practice underground. The conditions for the surrogates will be worse and it will still be in effect unregulated. Underground the surrogates will have no protections whatsoever. An example is China – despite commercial surrogacy being banned there – it is estimated that more than 10,000 children a year are still being born through that process.

You can read the entire Time magazine article here – India’s Ban on Commercial Surrogacy.