The Commercialization of Surrogacy: A Form of Modern-Day Slavery

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This opinion piece aims to bring to fore the problematic commercialization of surrogacy, by unpacking the exploitation and misogyny associated with this reproductive intervention.

Surrogacy, a type of assisted reproductive service, is an arrangement where a woman (the surrogate mother) agrees to carry and bear a child for another person or couple, who will become the child’s parent(s) after birth. This arrangement is usually opted for when pregnancy is medically impossible or the risks associated with pregnancy are high for the intending mother, among other personal or medical reasons.

So, is this help to humanity or modern-day slavery? In my opinion, the current market of surrogacy is nothing but modern-day slavery. Let me explain, because I need women to realize that this “innovative procedure” is for the most part, deeply rooted in misogyny. Which begs the question, how did we get to this point in our world where life-altering experiences like pregnancy, childbirth, and the whole postpartum shenanigan that comes with it has been shaken down to transactions that take place legally?

What is misogyny? In simple terms, it is the dislike for women, extortion of women and reducing women to commodities. Misogyny is when a person thinks a woman should or shouldn’t do something or get something because she is a woman. It is holding a woman to certain societal standards that are ordinarily ignored for a man. It is demanding unpaid service from a woman simply because she is a woman. And of course, sexism. Saying derogatory phrases like, “na woman”.

As a woman, mother, and sexual and reproductive health (SRH) professional, I refuse to agree that this concept called surrogacy, which we have all made to seem normal, is supposed to be so. Because personally, I see no difference between people who patronize surrogacy and those who say a woman’s body is just “a vessel for reproduction”, objectifying the woman’s body and commodifying her reproductive abilities.

Pregnancy is such a huge sacrifice to oneself and one’s partner, changing everything about the lives involved, even after delivery, that it just cannot be relegated to a mere transaction. I hear people say things like, “Oh, but I paid for it”. This mindset is appalling, and if you look closely at what was paid for, it’s clear that some paid for a full-grown human to go through that amount of risk to satisfy their ego.

Are you paying for a burger?

Some people have even compared surrogacy to hiring domestic staff who get paid, simply because we dislike house chores stress and don’t want to deal with it. Nothing more, nothing less! Never in my wildest imagination did I think this would happen, but I’m not surprised. This is what the misogynistic industry behind surrogacy wishes to achieve. (Yes, I said. The reproductive industry, historically and as of today, is embedded in misogyny).

While it is illegal to sell body organs like kidneys or tissues like blood because it is considered ethically wrong and should be done as a free will to save life, why is something as “grievous” (for the lack of word) as putting another woman’s body through pregnancy and childbirth not seen as such, a way to help women with infertility without attaching a price to it?

I believe poverty is the wheels surrogacy rides on. If surrogacy wasn’t rooted in exploiting poor women, it wouldn’t have succeeded. If poverty wasn’t involved, honestly, it would take another level of strength and love to agree to do this for someone else.

As humans, I understand we are emotional, and the ideology of surrogacy stemmed from helping women or couples struggling with infertility. However, humans are inherently selfish and egoistic, loving only people with their own DNA unconditionally. This is why people with fertility issues who cannot afford surrogacy try to garner sympathy from the media for help.

But what about the surrogate mothers themselves? What about the physical, emotional, and psychological toll that pregnancy, delivery, and the postpartum period take on their bodies and minds? So far, no one seems to care about the surrogate’s well-being, only the outcome – the child. The surrogate’s sacrifice is reduced to a mere transaction, ignoring the complexity of the human experience. The postpartum period, in particular, can be a challenging time for surrogate mothers, who must come to terms with the loss of the child they carried for nine months.

Child creation is not just about sperm and egg fertilization, it involves the intricate dance of biology, psychology, and emotions. The nourishment of the child inutero and the mixing of blood during childbirth are significant aspects of this process. Medically, there’s an exchange of blood that occurs during childbirth, and this cannot be ignored. For instance, a Rhesus-negative surrogate who births a Rhesus-positive baby requires anti-D serum, highlighting the biological connection between the surrogate and the child. This raises important questions about lineage and the surrogate’s role in the child’s creation.

In many cultures and religions, including Islam, lineage is a critical aspect of identity and family ties. The woman who carries the pregnancy is undoubtedly part of the child’s lineage. She cannot be simply paid off and erased from the child’s history. And I would argue that this erasure – ignoring the surrogate’s contribution to the child’s existence – is a form of violence.

Interestingly, in the UK, the law recognizes the surrogate mother as the legal mother of the child, giving her the right to decide whether to keep the child or put it up for adoption after delivery. This can be adopted by other nations, especially the developing ones. Additionally, it is illegal to pay surrogates beyond reasonable expenses, highlighting the complexities and power dynamics at play in surrogacy arrangements. Instead, adoption is a viable and better option.

In my summation, surrogacy in its current form, is exploitative and misogynistic. We, as a people, should go against it if we truly desire a progressive world. The risks associated with pregnancy, labour, and the postpartum period are too numerous to trivialize with “you get paid for it”. Surrogacy shouldn’t be allowed to be commercialized. Putting a policy in place against this is also needed, especially to protect women from low economic status. Because this is simply one of the many effects of inequality in power and financial dynamics, where women suffer from making ridiculous decisions just to make money.

Editor’s note:
This article was written by Dr Rukayyah Abdulrasheed, a SRHR professional, women’s health and gender equality advocate.

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