Studies

Below are several studies and reports that examine the effects of surrogacy on women, children, families, and society.


 

Anderson, Lori (Oct.-Nov. 1987). “The Aftermath of Baby M: Proposed State Laws on Surrogate Motherhood.” The Hastings Center Report. <http://www.stopsurrogacynow.com/wp-content/uploads/2015/05/Hastings-Center.-Baby-M-aftermath.pdf>.

New Jersey’s Baby M case thrust the issue of surrogate motherhood on state legislatures throughout the country. This article examines the state-by-state response.

 

Bromfield, N., Rotabi, K. Global Surrogacy (2014), “Exploitation, Human Rights, and International Private Law. Global Social Welfare.” <http://www.academia.edu/7014185/Global_surrogacy_exploitation_human_rights_and_international_private_law…>.

The number of global surrogacy arrangements increased exponentially over the last decade, and the rise in the practice has led to concerns over issues such as social justice, exploitation, and human rights abuses.

 

Comment on Reproductive Ethics, “Worldwide Surrogacy Laws,” 2015 <http://corethics.org/wp-content/uploads/Surrogacy-Laws.pdf>.

A country-by-country overview of laws regarding surrogacy.

 

European Parliament, “A comparative study on the regime of surrogacy in EU Member States 2013“ <http://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/474403/IPOL-JURI_ET(2013)474403_EN.pdf>.

This study provides a preliminary overview of the wide range of policy concerns relating to surrogacy as a practice at national, European, and global level. It undertakes an extensive examination of national legal approaches to surrogacy. It also analyses existing European Union law and the law of the European Convention of Human Rights to determine what obligations and possibilities surround national and transnational surrogacy. The study concludes that it is impossible to indicate a particular legal trend across the EU, however all Member States appear to agree on the need for a child to have clearly defined legal parents and civil status. (Article PDF).

 

Golumbok, S., Blake, L., Casey, P., Roman, G., and Jadva, V. (2013). The Journal of Psychology and Psychiatry, “Children born through reproductive donation: A longitudinal study of psychological studies, 54:6. <http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3586757/>.

This study found that “surrogacy children showed higher levels of adjustment difficulties” and that “the absence of a gestational connection to the mother may be more problematic.”

 

Lahl, Jennifer (2016, May 4). “Telling the Truth about Surrogacy in the United States.” The Center for Bioethics and Culture <http://bit.ly/2fEHTRR>.

In my coalition work with the countries and leaders of the StopSurrogacyNow campaign, and my travels and interactions with many groups working to prohibit surrogacy outside of the U.S., I often hear that they must fight against the narrative that the U.S. is a shining example of how to ethically permit surrogacy. The industry in the U.S. also wants to offer itself as the exemplar for other countries. The truth is, the U.S. is anything but a country to follow on contract surrogacy pregnancy.

 

Lewin, T. (2014, July, 27). “A Surrogacy Agency that Delivered Heartache.” The New York Times <http://www.nytimes.com/2014/07/28/us/surrogacy-agency-planet-hospital-delivered-heartache.html>.

A New York Times expose on the corrupt practices of many international surrogate arrangements.

 

Merritt, T. A., et al. (2014, Feb. 21). “Impact of ART on pregnancies in California: An analysis of maternity outcomes and insights into the added burden of neonatal intensive care.” Journal of Perinatology. <http://www.stopsurrogacynow.com/wp-content/uploads/2015/05/Merritt-et-al-on-ART-2014.pdf>.

The authors reviewed the occurrence of prematurity, low birth weight, multiple gestations, frequency of stillbirths and maternity care–associated variables including hospital stay and hospital charges of women conceiving using assisted reproductive technology (ART) or artificial insemination (AI) compared with women with a history of infertility who conceived naturally, and all other naturally conceived pregnancies in California at non–federal hospitals between 2009 and 2011. Multiple births, preterm births and a higher overall rate of fetal anomalies were found in California after ART/AI for 2009–2011. Cesarean section rates, longer length of maternal stay and hospital charges among women receiving ART/AI could be lowered if emphasis on elective single embryo transfers was a higher priority among providers.

 

Mohapatra, Seema (2012). “Stateless Babies & Adoption Scams: A Bioethical Analysis of International Commercial Surrogacy.” <http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1420…>.

This article examines surrogacy scenarios in India, the United States, and the Ukraine and the plight of children conceived through international surrogacy arrangements.

 

Morgan, M., Horn, A, Bergman, N. (2011). “Should Neonates Sleep Alone?” Journal of Biological Psychiatry. <http://www.stopsurrogacynow.com/wp-content/uploads/2015/05/Should-Neonates-Sleep-AloneBio-Pyschiatry.pdf>.

This article discusses the effects of maternal-neonate separation.

 

New York State Task Force on Life and the Law. “Surrogate Parenting: Analysis and Recommendations for Public Policy,” 1988 <https://www.health.ny.gov/regulations/task_force/reports_publications/#surrogate_parent>.

This report concludes that commercial surrogacy “could not be distinguished from the sale of children and that it placed children at significant risk of harm.”

 

Rainhorn, Jean-Daniel and Samira El Boudamoussi (eds.), New Cannibal Markets: Globalization and Commodification of the Human Body, Editions de la Maison des sciences de l’homme, 2015. <http://www.academia.edu/16595347/New_Cannibal_Markets_Globalization_and_Commodification_of_the_Human_Body>.

Thanks to recent progress in biotechnology, surrogacy, transplantation of organs and tissues, blood products or stem-cell and gamete banks are now widely used throughout the world. These techniques improve the health and well-being of some human beings using products or functions that come from the body of others. Growth in demand and absence of an appropriate international legal framework have led to the development of a lucrative global trade in which victims are often people living in insecure conditions who have no other ways to survive than to rent or sell part of their body. This growing market, in which parts of the human body are bought and sold with little respect for the human person, displays a kind of dehumanization that looks like a new form of slavery.

This book is the result of a collective and multidisciplinary reflection organized by a group of international researchers working in the field of medicine and social sciences. It helps better understand how the emer-gence of new health industries may contribute to the development of a global medical tourism. It opens new avenues for reflection on tech-nologies that are based on appropriation of parts of the body of others for health purposes, a type of practice that can be metaphorically com-pared to cannibalism. Are these the first steps towards a proletariat of men- and women-objects considered as a reservoir of products of human origin needed to improve the health or well-being of the bet-ter-off? The book raises the issue of the uncontrolled use of medical advances that can sometimes reach the anticipations of dystopian lite-rature and science fiction

 

Seema Mohapatra, “Stateless Babies & Adoption Scams: A Bioethical Analysis of International Commercial Surrogacy,” 30 Berkeley J. Int’l Law. 412 (2012). <http://scholarship.law.berkeley.edu/bjil/vol30/iss2/4>.

This bioethical analysis based on Beauchamp and Childress’ principles reveals certain problems created by the lack of international regulations related to surrogacy. Although the stories demonstrate that surrogates, intended parents, and children born from surrogacy arrangements do receive some benefit, these benefits seem to be diminished by the harms these parties face and ways in which the system undercuts the autonomy of parties and broader distributive justice.

 

Smerdon, U. (2009) “Crossing Bodies, Crossing Borders: International Surrogacy Between the United States and India Cumberland School of Law.” <http://www.childtrafficking.com/Docs/smerdon_08_cross_borders_1009.pdf>.

This article discuss the lack of protection for Indian women who become surrogates and calls for an end to surrogacy arrangements between the United States and India.

 

Sveriges Kvinn Lobby. “Surrogacy Motherhood-A Global Trade with Women’s Bodies” <http://sverigeskvinnolobby.se/wp-content/uploads/2013/08/POLICY-PAPER-SURROGACY-MOTHERHOOD.pdf>,

Discussions about surrogacy and its consequences for the surrogacy mother are relatively new. Most European countries do not have regulations or legislations on the issue. There is a need for an exchange of information and experiences to strengthen our knowledge and our arguments.