Next SectionOne of the major concerns about surrogacy is the potential harm that may be inflicted upon the surrogate mother and the child after relinquishment. Even if one were to take the liberal view that surrogacy should be presumptively allowed on the basis of autonomy and/or compassion, evidence of harm must be taken seriously. In this paper I review the evidence from psychological studies on the effect that relinquishing a child has on the surrogate mother and while it (...) appears that many surrogates are able to cope with relinquishment, I argue that there are good reasons, grounded in empirical evidence, to support the view that the subsequent management of the relinquishment necessarily objectifies the surrogate mother. (shrink)

Canada's Royal Commission on New Reproductive Technologies rejects all forms of surrogacy arrangement under the rubric of objecting to commercial surrogacy. Noncommercial surrogacy arrangements, however, can be defended against the commission's objections. They can be viewed as cases of giving a benefit or service to another in a way that expresses benevolence, and establishes a relationship between surrogates and prospective 'social' parents that allows mutual understanding and reciprocal personal interaction between them.

In this article, I critique the commonly accepted distinction between commercial and altruistic surrogacy arrangements. The moral legitimacy of surrogacy, I claim, does not hinge on whether it is paid (‘commercial’) or unpaid (‘altruistic’); rather, it is best determined by appraisal of virtue-abiding conditions constitutive of the surrogacy arrangement. I begin my article by problematising the prevailing commercial/altruistic distinction; next, I demonstrate that an assessment of the virtue-abiding or non-virtue-abiding features of a surrogacy (...) is crucial to navigating questions about the moral legitimacy of surrogacy; in the final part, I reject other moral heuristics that might be proposed as alternatives to the commercial/altruistic dichotomy, and reiterate that a virtue-ethical framework is the most suitable way forward. (shrink)

What makes a multimillion-dollar, transnational intimate industry possible when most people see it as exploitative? Using the newly emergent case of commercial surrogacy in India, this article extends the literature on stratified reproduction and intimate industries by examining how surrogacy persists and thrives despite its common portrayal as the “rent-a-womb industry” and “baby factory.” Using interview data with eight infertility specialists, 20 intended parents, and 70 Indian surrogate mothers, as well as blogs and media stories, we demonstrate how (...) market actors justify their pursuits through narrating moral frames of compassion and altruism that are not incidental but systematic to and constitutive of transnational surrogacy. We observed two predominant moral frames: surrogacy liberates and empowers Indian women from patriarchal control; and surrogacy furthers reproductive rights. Within these frames, the market exchange of money for babies is cast as compassion, which allows commissioning clients to sidestep accusations of racism, classism, and sexism. Yet, we reveal that the ability to navigate around these threats relies on racist, classist, and sexist tropes about Third World working-class women. Further, we find that surrogate mothers did not experience significant changes in economic status after surrogacy. (shrink)

This article employs the concept of respectability and the discursive representation of gender equality policies to discuss how surrogacy is represented in Nordic parliamentary debates and policy documents. The article’s objective is to study how respectability, problems and equality are represented and discursively and rhetorically produced through a comparative study of Finnish and Norwegian political discourses on domestic unpaid surrogacy and cross-border commercial surrogacy. The article uses rhetorical and discursive analysis to analyse the Finnish and Norwegian Parliaments’ (...) bills, members’ initiatives and proceedings from 2002 to 2018. Finland’s policy on surrogacy has evolved from an unregulated and permissive approach towards a more restrictive one, with discourses focusing on medicalisation, equality, altruism and safety concerning domestic surrogacy and problems and risks concerning cross-border surrogacy. Norway’s policy on surrogacy has been restrictive consistently, with discourses focusing on surrogacy as a transnational social problem involving exploitation of women and children, and biocentrism. Analysing surrogacy regulation in Nordic welfare states, the author concludes that policies and parliamentary debates in both countries have expressed expectations for inclusive health policies and social security for families. Cross-border surrogacy is characterised as an unwanted consequence of globalisation and marketisation of reproduction. Surrogate mothers’ respectability is constructed through rhetoric on differences in terms of nationality, class and binary representations of female caring and instrumentalism. (shrink)

Background Comprehensive commercial surrogacy became legal in India in 2002, and many foreigners, including individuals and same-sex couples, sought Indian surrogacy services due to their affordability. Numerous scandals resulted, with increasing calls for the government to eliminate the exploitation of women in lower social strata. In 2015, the Indian government decided to exclude foreign clients and commercial surrogacy remained legal for local Indian couples only. Furthermore, to eliminate exploitation, the concept of altruistic surrogacy was introduced (...) in 2016. In 2020, some restrictions within altruistic surrogacy practice were removed. Controversy remains, however, in various sectors, not least because surrogacy is a relatively new concept in India. In this paper, the advantages and disadvantages of both altruistic and commercial surrogacy in the Indian context are considered, and more appropriate policy concerning surrogacy practices is suggested. Methods This paper is based on fieldwork conducted in India from 2010 to 2018. Interview surveys were conducted among doctors, policy makers, activists, former surrogates, and brokers. Government documents and media reports were also important sources. Results Surrogacy for commercial purposes began in India in 2002, and stakeholders within the commercial surrogacy industry became well established. It was found that such stakeholders were strongly opposed to altruistic surrogacy as introduced in 2016. It was also found that women in lower social strata still sought some form of financial compensation from their reproductive labor. Controversies surrounding altruistic surrogacy continue within Indian society. Conclusion Policies and practices aimed at eliminating exploitive need to consider the Indian context carefully. Any surrogacy practice might potentially be exploitive, and the distinction between commercial and altruistic surrogacy is too simplistic to be useful, with more nuanced understanding required. It is of critical importance that investigation continues on how to eliminate the exploitation of Indian surrogate mothers throughout the process, regardless of monetary compensation. The entire surrogacy process should be managed with sensitivity, particularly in relation to the well-being of the mother and child. (shrink)

In vitro fertilization (IVF) and surrogacy have enabled many to achieve their dreams of parenthood. With a turnover of $500 million, reproductive tourism in India has helped transform the country into a “global baby factory.” However, as the surrogacy industry grew, so did concerns of women’s exploitation, commodification of motherhood, and human rights violations. In an effort to prevent women from being exploited, the Indian government had taken successive administrative measures to regulate surrogacy. The Surrogacy (Regulation) (...) Bill, 2016 and Assisted Reproductive Technologies Bill 2008 were introduced in the Parliament to regulate various aspects of surrogacy arrangements. Yet, it was not until 25 January 2022, that the Surrogacy (Regulation) Act, 2021 went into effect. The Act does, however, leave certain important points unaddressed. The article claims that the legislation’s purposeful exclusion of the LGBTQ population and emphasis on “familial altruism” stinks of inequity and moral conservatism. It also delineates the mechanics of altruistic surrogacy by examining documents that illustrate how the connections between money and morality are framed via the framing of altruism. The article therefore demands that a comprehensive dialogue must be held considering the socio-economic realities of Indian society, or else India risks enacting yet another law that cannot be implemented or that society dislikes. (shrink)

: It is argued that in many cases surrogate mothers are exploited when they participate in altruistic surrogacy arrangements, since their altruistic personality structure is not in the relevant sense "their own." The question of whether paternalistic interference is justified in these cases is discussed. Such interference seems to be acceptable on condition that the person interfering is someone belonging to the woman's intimate sphere.

Despite the diverse legal approaches towards surrogacy in Europe, there are common socio-legal arguments attempting to legitimise it amongst the European Union member states. Regardless of the prevailing regulation in each country, surrogacy in general is confronted with common criticisms and faces similar obstacles. For instance, the operative definition of altruism is put under question in countries where altruistic surrogacy is permitted. Surrogacy is also considered an attack on a woman’s dignity and a risk to (...) children’s welfare. Behind such claims, however, rests the common yet unsubstantiated belief in a natural maternal instinct. Furthermore, a clear misunderstanding about the bonding theory still persists. Common debates around surrogacy in Europe show us that, beyond the national margin of appreciation, surrogacy challenges basic definitions of motherhood, filiation and family. These challenges are deeply permeated by gender stereotypes which partially explain the national similarities among the legal diversities. (shrink)

It has become common to distinguish between altruistic and commercial contract motherhood (or ‘surrogacy’). Altruistic arrangements are based on the ‘gift relationship’: a woman is motivated by altruism to have a baby for an infertile couple, who are free to reciprocate as they see fit. By contrast, in commercial arrangements both parties are motivated by personal gain to enter a legally enforceable agreement, which stipulates that the contract mother or ‘surrogate’ is to bear a child for the (...) intending parents in exchange for a fee. She is required to undergo medical examinations and to refrain from behaviour that could harm the foetus. The intending parents are the child's legal parents from the outset. The parties to the contract can, but are not expected to, maintain contact after the transaction is completed. We argue that contract motherhood should not be organized according to the norms of the gift relationship, and that contract mothers should be compensated for their labour. However, we accept that there are good reasons for rejecting the commercial model as a suitable framework for contract pregnancy, and argue, instead, in favour of viewing it as a profession. (shrink)

Klein, Renate The practice of surrogacy in Australia has been controversial since its beginning in the late 1980s. In 1988, the famous 'Kirkman case' in the state of Victoria put surrogacy on the national map. This was a two-sisters surrogacy - Linda and Maggie Kirkman and the resulting baby Alice - in which power differences between the two women were extraordinarily stark: Maggie was the glamorous and well spoken woman of the world; Linda who carried the baby, (...) was the demure school teacher in child-like frocks and pig tails. Their IVF doctor applauded altruistic surrogacy. He called it 'gestational surrogacy' and proclaimed that if the so-called surrogate mother didn't use her own eggs, thus wasn't the baby's 'genetic' mother, no attachment would ensue! This statement is haunting us to this day. It is patently absurd: as a baby grows in a woman's body over the nine months of the pregnancy, it is hard to see why the 24/7 presence of the baby inside her body, its growth, its interaction with her would be any different whether s/he has the mother's genes! (shrink)

It is unclear what proper remuneration for surrogacy is, since countries disagree and both commercial and altruistic surrogacy have ethical drawbacks. In the presence of cross-border surrogacy, these ethical drawbacks are exacerbated. In this article, we explore what would be ethical remuneration for surrogacy, and suggest regulations for how to ensure this in the international context. A normative ethical analysis of commercial surrogacy is conducted. Various arguments against commercial surrogacy are explored, such as (...) exploitation and commodification of surrogates, reproductive capacities, and the child. We argue that, although commodification and exploitation can occur, these problems are not specific to surrogacy but should be understood in the broader context of an unequal world. Moreover, at least some of these arguments are based on symbolic rhetoric or they lack knowledge of real-world experiences. In line with this critique we argue that commercial surrogacy can be justified, but how and under what circumstances depends on the context. Surrogates should be paid a sufficient amount and regulations should be in order. In this article, the Netherlands and India are case examples of contexts that differ in many respects. In both contexts, surrogacy can be seen as a legitimate form of work, which requires the same wage and safety standards as other forms of labor. Payments for surrogacy need to be high enough to avoid exploitation by underpayment, which can be established by the mechanisms of either minimum wage, or Fair-Trade guidelines. An international treaty governing commercial surrogacy should be in place, and local professional bodies to protect the interests of surrogates should be required. Commercial surrogacy should be permitted across the globe, which would also reduce the need for intended parents to seek surrogacy services abroad. (shrink)

Recent cases in the United States and Australia have catapulted surrogacy into the forefront of debates and public policy regarding new procreative technologies, even though gestating and birthing a baby for another woman does not necessarily involve artificial insemination or in vitro fertilization. Feminists have condemned commercial surrogacy because it borders on baby selling and exploits women. Similar criticism has appeared in the mass media, but these forums, as well as the medical profession, have considered noncommercial surrogacy (...) as more acceptable because of the absence of monetary exchange. Using two cases of surrogacy, this article argues that the distinction between commercial and altruistic surrogacy is socially constructed rather than based on self-evident or intrinsic differences. Both types of surrogacy involve the application of pervasive gender norms specifying that women's motivations to have children should be based on emotion, selflessness, and caring, not on self-interest, financial incentives, or pragmatism. Applying these norms renders commercial surrogacy deviant, but altruistic arrangements more acceptable. However, the article's central argument is that both types of agreement can entail exploitation, the denial of the birth mother's rights, and the severe reduction of her autonomy. (shrink)

Within the ethics and science literature surrounding uterus transplantation (UTx), emphasis is often placed on the extent to which UTx might improve upon, or offer additional benefits when compared to, existing ‘treatment options’ for women with absolute uterine factor infertility, such as adoption and gestational surrogacy. Within this literature UTx is often positioned as superior to surrogacy because it can deliver things that surrogacy cannot (such as the experience of gestation). Yet, in addition to claims that UTx (...) is superior in the aforementioned sense it is also often assumed (either implicitly or explicitly) that UTx is less fraught with ethical difficulties and thus should be considered a less morally problematic option. This article seeks to examine this assumption. Given that much UTx research has been performed in Sweden, a country where surrogacy is effectively although not currently explicitly forbidden, we do this through an analysis of the arguments underpinning a 2016 Swedish white paper which considered amending existing policy such that altruistic surrogacy arrangements would be permitted. By applying the white paper’s arguments for a restrictive position on altruistic surrogacy to the case of UTx using living altruistic donors we find that such arguments, if they hold in the case of surrogacy, apply similarly to UTx. We thus suggest that, for reasons of consistency, a similar stance should be taken towards the moral and legal permissibility of these two practices. (shrink)

Surrogacy tourism in Asian countries has surged in recent decades due to affordable prices and favourable regulations. Although it has recently been banned in many countries, it is still carried out illegally across borders. With demand for surrogacy in developed countries increasing and economically vulnerable Asian women lured by lucrative compensation, there are efforts by guest countries to ease the strict surrogacy regulations in host countries. Despite a shift toward “altruistic surrogacy”, commercial surrogacy persists. (...) Recent research carried out by international organizations that seek to establish a legal relationship between the commissioning parents and children in cross-border surrogacy arrangements, under the guise of the “best interests of the child,” appears to promote a resurgence of overseas commercial surrogacy rather than restrict it. Further commercialization of surrogacy should be prevented by carefully investigating the reality of the surrogacy process. (shrink)

The ongoing debate on how best to regulate international commercial surrogacy defies consensus, as the most cogent normative and jurisprudential grounds for and against non-altruistic surrogacy remain controversial. This paper contributes to the debate by focusing on social justice issues arising from transnational, moneymaking surrogacy, with a focus on the Global South. It argues that existing theoretical perspectives on balancing interests, rights, privileges, and resources in the context of cross-border surrogacy—such as cosmopolitanism, communitarianism, liberal feminism, (...) radical feminism, and neorealism—are not sufficient to treat the question of justice underpinning transnational surrogacy in the Global South. An Afro-communal theory of social justice is proposed as an alternative model for addressing the shortcomings in existing global justice theories. Building on Thaddeus Metz’s construction of Afro-communal social theory and a bioethic of communion, this article reveals the fundamental nature of injustices in the Global South surrogacy foray. This approach provides prima facie grounds for making commercial surrogacy more just in the evolving global order. (shrink)

Reproductive gift relationships must be seen in their totality, not just as helping someone have a child. Noncommercial surrogacy cannot be treated as a mere act of altruism—any valorizing of altruistic surrogacy and reproductive gift‐giving must be assessed within the wider context of women's political inequality.

BackgroundThe bioethical debates concerning living donation and surrogacy revolve around similar ethical questions and moral concepts. Nevertheless, the ethical discourses in both fields grew largely isolated from each other.MethodsBased on a review of ethical, sociological and anthropological research this paper aims to link the ethical discourses on living kidney donation and surrogacy by providing a comparative analysis of the two practices’ relational dimension with regard to three aspects, i.e. the normative role of relational dynamics, social norms and gender (...) roles, and reciprocity. Based on this analysis, we derive conclusions for the framing of living organ donation and surrogacy in ethical theory and practice.ResultsFirst, our analysis emphasizes the relevance of acknowledging the complex relational implications of living kidney donation and surrogacy. Underestimating this relational dimension may not only lead to individual crises but endanger existing as well as newly emerging familial relationships. Second, we point out differences in the normative assessment of social norms and gender roles in the ethical debates about living kidney donation and surrogacy. In particular, we show how different evaluations of altruism affect the understanding of autonomy in both contexts. In addition, we sensitize for biased perceptions of gender roles. Finally, we argue that challenges resulting from unresolved reciprocity are an issue in living kidney donation and surrogacy independent of whether the exchange of body parts or bodily services is framed as a gift or commercial exchange. By pointing out the limits of financial compensation, we stress the relevance of non-material, relational rewards as potential remedy. (shrink)

Scholars have long debated the relationship between morality and the market. Some argue that morality tempers market interests, while others argue that the market has its own moral order. Meanwhile, feminist scholars have argued that a false binary between altruism, family, and intimacy on the one hand, and the cold calculus of the market on the other, is based in gender ideologies. Norms around motherhood, in particular, emphasize self-sacrifice, love, and altruism in opposition to self-interested market logics. Commercial surrogacy (...) blurs the line between family and commerce and is therefore an ideal setting for studying tensions between altruism and profit. Drawing on ethnographic research and interviews with 114 actors in the Mexican surrogacy industry, I demonstrate that treating altruism and commercialism as dichotomous can further market interests by preserving the moral palatability and profitability of the industry while perpetuating power asymmetries rooted in gender, race, class, and nationality between surrogate mothers and intended parents. (shrink)

Although increasing in usage, surrogacy remains the most controversial method of assisted reproductive technology. Many Christian ethicists have either objected tout court or expressed strong reservations about the practice. Behind much of this caution, however, lies essentialist assumptions about pregnant women or an overemphasis on the statistical minority of well-publicized disasters. The question remains whether Christian ethical reflection on surrogacy might change if informed by social scientific studies on the surrogacy triad. I offer a feminist Christian framework (...) for surrogacy comprised of seven principles drawn from this literature, the reproductive justice paradigm, human rights, and Reformed theo-ethical norms. I ultimately advance surrogacy under certain conditions as a moral good and focus on “altruistic” arrangements—including my own—without concluding that only non-commercial contracts could pass ethical muster. (shrink)

Studies on surrogate motherhood have mostly explored paid arrangements through the lens of a contract model, as clinical work or as a maternal identity-building project. Turning to the under-examined case of unpaid, so-called altruistic surrogate motherhood and based on an analysis of interviews with women who had been unpaid surrogate mothers in a full gestational surrogacy with a friend or relative in Canada, the United States or Australia, this article explores altruistic surrogate motherhood as relational work. It (...) argues that this form of surrogate motherhood within close interpersonal relations can be conceptualised through the relational work involved in hosting a child for the intended parents. The article explores how relational work in this context implies an embodied, asymmetrical and far-reaching sense of responsibility that surrogate mothers describe as characteristic of their surrogacy experience. In this way, the article sheds light on feminist concerns about surrogacy as an embodied and objectifying work of women while at the same time illuminating how surrogate mothers respond to the intended parents in light of their pre-surrogacy relationship, how meanings are negotiated by them and how relationships are managed during the pregnancy. (shrink)

A diagnosis of fetal abnormality presents parents with a difficult – even tragic – moral dilemma. Where this diagnosis is made in the context of surrogate motherhood there is an added difficulty, namely that it is not obvious who should be involved in making decisions about abortion, for the person who would normally have the right to decide – the pregnant woman – does not intend to raise the child. This raises the question: To what extent, if at all, should (...) the intended parents be involved in decision-making? In commercial surrogacy it is thought that as part of the contractual agreement the intended parents acquire the right to make this decision. By contrast, in altruistic surrogacy the pregnant woman retains the right to make these decisions, but the intended parents are free to decide not to adopt the child. We argue that both these strategies are morally unsound, and that the problems encountered serve to highlight more fundamental defects within the commercial and altruistic models, as well as in the legal and institutional frameworks that support them. We argue in favour of the professional model, which acknowledges the rights and responsibilities of both parties and provides a legal and institutional framework that supports good decision-making. In particular, the professional model acknowledges the surrogate's right to decide whether to undergo an abortion, and the intended parents' obligation to accept legal custody of the child. While not solving all the problems that arise in surrogacy, the model provides a framework that supports good decision-making. (shrink)

The public controversy over results of modern biological sciences, especially the new reproductive technologies, is accelerating. Undoubtedly, surrogate motherhood is the most controversial of them. For most surrogate motherhood agreements, the gestational mother is expected to give up the child that she has given birth to to the other couple – for this reason surrogate motherhood is found controversial. Moreover, many people think that it is the equivalent of selling children, can be exploitative of the surrogate, and violates a mother’s (...) fundamental right to rise her child. Even altruistic surrogacy is not considered to be moral because women who choose to bear children voluntarily for someone else reap disdain, and are seen as cold, heartless, and mercenary, because they seem to give away their babies. There are also a lot of legal problems. First the answer to the question which woman is the mother must be given: the one who donates her ova or the gestational mother. Furthermore the problem of baby-selling and surrogate motherhood ought to be analysed and compared. In Polish law there is no direct regulation of surrogate motherhood – for this reason foreign legislations yield suggestions. Some suggestions can be taken from Christian, Jewish and Buddhist morality. Undoubtedly the last word belongs to us, but we should not forget the baby and its rights. (shrink)

Although the term commodification is sometimes criticised as imprecise or overused, in fact it has a complex philosophical ancestry and can never be used too much, because the phenomena that it describes are still gaining ground. The issues that commodification raises in relation to reproductive technologies include whether it is wrong to commodify human tissues generally and gametes particularly, and whether the person as subject and the person as object can be distinguished in modern biomedicine. This chapter examines three areas (...) in which commodification is a serious concern for important reproductive technologies: the sale of eggs for IVF and research, the banking of umbilical cord blood, and the use of gestational surrogates both domestically and internationally. Sales of human eggs for IVF or research are frequently disguised as “gifts”, which conceals the very real bodily risks and harms associated with ovarian hyperstimulation and egg harvesting undergone by egg “donors.” Umbilical cord banking is a fast-growing industry, with donated cord blood trading globally at very high prices; women who consent to banking of cord blood ostensibly for the potential future benefit of their child may not be informed of the likelihood that it will be traded in commercial markets or that the method used for harvesting may increase risks of jaundice in their babies. Commercial surrogacy also exploits altruism but in addition involves wrongful sale of babies, particularly in the international context. In each example, the commodification of women’s reproductive labour is masked by the manner in which ‘the lady vanishes’ under a gift model, ignoring the true economic value of their labour. (shrink)

Surrogacy is one of the desired reproductive technologies for family formation, yet surrogate mothers are subjected to unethical treatments and unbalanced power relations in India. Such treatment obscures women’s free decision-making and can be detrimental to their maternal self. Recently, the Surrogacy Act, 2021, has received the President’s approval to regulate surrogacy practices by limiting them for the altruistic motives which have again provoked the burning debates regarding reproductive technologies, women’s emancipation and procreative labour. The paper (...) thus explores women’s agency, maternal freedom and surrogate arrangements in Indian society. The complexity of the implementation of the law, vulnerability of surrogate labour, woman’s bodily autonomy and reproductive choices have been analysed. This has been done through comprehensive feminist discussions on motherhood experience in terms of enforced vs. voluntary to find the way to protect women’s freedom and subjectivity in the task of ‘mothering as empowerment’. (shrink)

This book delves deeply into modern surrogacy arrangements, responding to both practical and ethical critiques by offering a radically new model for surrogate motherhood. Current practice distinguishes between two models of surrogacy – the altruistic model and the commercial model, both of which present social, ethical, and conceptual challenges. This book proposes a novel arrangement for surrogate motherhood – the professional model. Inspired by professions, such as nursing, teaching, and social work, the professional model acknowledges the caring (...) motives that surrogate mothers have while at the same time compensating them for their work. Walker and Van Zyl adopt an evidence-based approach to explain that the professional model enables trust between intended parents and surrogates, provides professional support at every stage of the relationship, affords legal protections against exploitation and commodification, and recognizes the rights and interests of all parties, including the intended baby. The model applies to both transnational and domestic surrogacy and will be of great interest to policy makers, social researchers, bioethicists, legal scholars, fertility professionals, clinicians, and graduate students in psychology, philosophy, medicine and ethics. (shrink)

Can't Regulate, Won't Regulate? As the global trade in human eggs continues to expand with logarithmic momentum, it is frequently argued that we could not regulate it even if we wanted to. Not all commentators do want to, of course. Many view regulation as counterproductive: reports have suggested that FDA governance has had the perverse effect of increasing levels of reproductive tourism to Latin America. Most of the other chapters in this volume are broadly in favour of letting market forces (...) take their course, with varying degrees of control. I will examine whether reproductive freedom and choice really are all-important. Before I begin that analysis, however, I need to clear away the argument that we cannot control black markets in human body parts, including eggs, even if we want to. This argument is common to commentators from many positions in the political spectrum. Some writers assert that “baby markets,” comprising egg sale, surrogacy, and paid adoption, are so firmly established that prohibiting or regulating them salves our collective conscience but amounts to no more than hypocritical pretense. Other commentators claim that the burgeoning demand for eggs simply makes even an honest attempt to ban markets unrealistic or imply that the natural and laudable desire for “procreative liberty” would inevitably drive couples to defy paternalistic legal bans. On any of these accounts, regulating global markets in human tissue is said to be a lost cause. I argue the opposite. (shrink)

Many studies have shown that women are more likely than men to be living kidney donors, and the discrepancy is particularly marked in heterosexual couples: wives are more likely than husbands to donate a kidney to their spouse. This ‘ Gender Kidney Donation Gap’ can be understood in terms of Carol Gilligan’s claims about gender differences in ethical decision-making style, making it appropriate to analyse responses to this imbalance using an ethic of care. This article centres the vast majority of (...) living donors, those who donate in the context of a significant pre-existing relationship. A cost-neutral approach is unfair on donors who make society richer and healthier by helping a loved one. However, models of kidney sale fail to offer an acceptable alternative, either (a) compelling donors to sell into a pool where they do not know the recipient or (b) allowing affluent individuals unfair access to kidneys. Drawing on surrogacy law in England and Wales, a model of compensation is proposed that includes a range of non-financial benefits. This option celebrates donation and expresses gratitude to all donors while avoiding the pitfalls of the marketplace, with an emphasis on fair treatment of donors. Nevertheless, if more generous treatment led to a 10% increase in directed donation, then it would be equivalent to doubling ‘altruistic’ stranger donations. As long as the Gender Kidney Donation Gap persists, the best response is to minimise the discomfort and disruption caused to donors by their profound act of kindness. (shrink)

As with most other areas of reproduction, surrogacy is highly regulated. But the legislation and policies on surrogacy are written in such ways that make large (and possibly mistaken) assumptions about the metaphysical relationship between the mother and the fetus – whether the fetus is a part of, or contained by, the mother. It is the purpose of this chapter to highlight these assumptions, and to demonstrate the impact that alternative metaphysical views can have on our conceptualization of (...) surrogacy. With that in mind, I recommend that our public policies on surrogacy be at least neutral or otherwise responsive to metaphysics rather than presupposing it, such that the regulation and legislation of surrogacy will be metaphysically informed. (shrink)

Gestational surrogacy is ethically complex, generating very different responses in law and policy worldwide. This paper argues that contemporary surrogacy law and policy, across many jurisdictions, fail to give sufficient attention to the significance of the relationship between the child and the gestational surrogate. This failure risks repeating the mistakes of historical, discredited approaches to adoption and donor‐assisted conception. This paper argues that proper recognition of the significance of gestation must be an organising principle in surrogacy law (...) and policy. The paper begins by pointing to examples of surrogacy law and practice where the role of the gestator is unacceptably minimised, most notably the framing of the surrogate as a mere ‘carrier’. It goes on to examine the nature of gestation, including consideration of contemporary scholarship on the metaphysics of pregnancy and emerging work in epigenetics, and argues that current evidence supports the view that the gestational relationship must be taken more seriously than it currently is. The paper then draws analogies with parenthood in donor‐assisted conception and adoption to argue that approaches to parental status in novel family formations that fail to promote transparency and seek to deny the truth of familial relationships are doomed to fail. The paper concludes by suggesting some implications for law and policy that flow from placing sufficient emphasis on the gestational role. The overarching thesis of this paper is that gestational surrogacy is ethically permissible when these fundamental requirements are adhered to, and that surrogacy law should proceed on this basis. (shrink)

Opposition to legalizing surrogacy often involves the argument that it commodifies or objectifies women and children. When surrogacy involves consenting parties claiming to benefit from the transaction, commodification- or objectification-based arguments seem unpersuasive. This article argues that new natural law theory offers an alternative case against legalizing surrogacy based on the violation of basic goods of human flourishing, a notion which unpacks afresh what is really at stake in the commodification/objectification arguments. Exploring the new natural law approach (...) through John Finnis’s theory, this article suggests that the new natural law case against surrogacy hinges on the link between childbirth and raising children, which turns out to be the major bone of contention in the surrogacy debate. The establishment of the link turns on answers to empirical questions as to what is in the best interests of the child, as well as on contested notions of motherhood, raising questions of a philosophical or normative nature. This article elucidates for policy makers and legislators the precise issues they must face squarely in order to determine whether to legalize or prohibit surrogacy arrangements. (shrink)

Surrogate motherhood is treated as a form of adoption in many countries: the birth mother and her partner are presumed to be the parents of the child, while the intended parents have to adopt the baby once it is born. Other than compensation for expenses related to the pregnancy, payment to surrogates is not permitted. We believe that the failure to compensate surrogate mothers for their labour as well as the significant risks they undertake is both unfair and exploitative. We (...) accept that introducing payment for surrogates would create a significant tension in the adoption model. However, we recommend rejecting the adoption model altogether rather than continuing to prohibit compensation to surrogates. (shrink)

ABSTRACTAs of 2008, surrogacy is legal and openly practised in various places; Japan, however, has no regulations or laws regarding surrogacy. This paper reports the situation of surrogacy in Japan and in five other regions to clarify the pros and cons of prohibiting surrogacy, along with the problems and issues relating to surrogacy compensation.Not only in a country such as France that completely prohibits surrogacy within the country, but also in a country such as (...) the UK that allows non‐commercial surrogacy, infertile couples travel overseas for the purpose of surrogacy. In addition, some couples might seek underground surrogacy if the government prohibits surrogacy. If an intended parent couple and a surrogate make an agreement among themselves and then a problem occurs, they cannot ask for support from professionals or bring a case to court, as can be observed in South Korea and Taiwan.We also conclude that there is little difference between commercial surrogacy and non‐commercial surrogacy in the absence of a clear definition of ‘reasonable expenses.’ In the UK, the law does not allow surrogates to receive compensation. However, in reality, there may be little difference between the amounts paid to surrogates for profit in the US and those paid to surrogates for reasonable expenses in the UK. We conclude that the issue of surrogacy demands further discussion in Japan. (shrink)

Altruistic deception (or the telling of “white lies”) is common in humans. Does it also exist in non-human animals? On some definitions of deception, altruistic deception is impossible by definition, whereas others make it too easy by counting useful-but-ambiguous information as deceptive. I argue for a definition that makes altruistic deception possible in principle without trivializing it. On my proposal, deception requires the strategic exploitation of a receiver by a sender, where “exploitation” implies that the sender elicits (...) a behaviour in the receiver that is beneficial in a different type of situation and is expressed only because the signal raises the probability, from the receiver’s standpoint, of that type of situation. I then offer an example of a real signal that is deceptive in this sense, and yet potentially altruistic (and certainly cooperative): the purr call of the pied babbler. Fledglings associate purr calls with food, and adults exploit this learned association, in the absence of food, to lead fledglings away from predators following an alarm call. I conclude by considering why altruistic deception is apparently so rare in non-human animals. (shrink)

Friendship, Altruism, and Morality, originally published in 1980, gives an account of "altruistic emotions" and friendship that brings out their moral value. Blum argues that moral theories centered on rationality, universal principle, obligation, and impersonality cannot capture this moral importance. This was one of the first books in contemporary moral philosophy to emphasize the moral significance of emotions, to deal with friendship as a moral phenomenon, and to challenge the rationalism of standard interpretations of Kant, although Blum’s "sentimentalism" owes (...) more to Schopenhauer than to Hume. It was a forerunner to care ethics, and feminist ethics more generally; to virtue ethics; and to subsequent influential interpretations of Kant that attempted to room for altruistic emotion and friendship, and other forms of particularism and partialism. In addition, the work has been widely influential in religious studies, political theory, bioethics, and feminist ethics. (shrink)

Effective altruism is a movement which aims to maximise good. Effective altruists are concerned with extreme poverty and many of them think that individuals have an obligation to donate to effective charities to alleviate extreme poverty. Their reasoning, which I will scrutinise, is as follows: -/- Premise 1. Extreme poverty is very bad. -/- Premise 2. If it is in our power to prevent something very bad from happening, without thereby sacrificing anything else morally significant, we ought, morally, to do (...) it. -/- Premise 3. Individuals ought to choose the effective option in preventing very bad things. -/- Premise 4. Donating to effective charities is one of the best ways to alleviate extreme poverty. -/- Conclusion. Individuals ought to donate to effective charities working towards extreme poverty alleviation where doing so does not require them to give up anything of moral significance. -/- I will scrutinise each of these premises in turn. -/- For Premise 1, I focus on hedonistic utilitarianism and criticise its outlook on extreme poverty. I claim that hedonistic utilitarianism might be problematic for effective altruism. -/- Premise 2 is Peter Singer's Weaker Principle of Sacrifice. I introduce several possible interpretations of it, and press several objections to it by stressing overpermissiveness, luck, and rights. I defend strengthening the Weaker Principle of Sacrifice without making it overdemanding. -/- I claim that Premise 3 can be attractive to both consequentialists and non-consequentialists. Nevertheless, by showing that effectiveness sometimes violates fairness, I propose a method which avoids always helping the greater number and always giving everyone equal chances of being helped, which is compatible with effective altruism. -/- Against Premise 4, I assess the systemic change objection, which states that effective altruism unjustifiably distracts individuals from systemic change. By considering risk and the moral standing of the future extremely poor, I claim that the systemic change objection is partially successful, but cannot undermine effective altruism. -/- After analysing all of these, I argue that individuals have an obligation to donate to effective charities to alleviate extreme poverty where doing so does not require them to give up anything of moral significance. (shrink)

Surrogacy is an encouraging management for many childless couples and can hypothetically resolve many unbearable pain that they are confronted. Initially surrogacy treatment was frowned upon, however, surrogacy is more popularly accepted now a day. But different country has different regulations on surrogacy. However, there are some degree of divergence between official discourse and actual practice of surrogacy throughout world. There are positive changes in attitude toward surrogacy has been seen for some countries as (...) well. This editorial brief about surrogacy around the world. (shrink)

Effective altruism is a philosophy and a social movement that aims to revolutionise the way we do philanthropy. It encourages individuals to do as much good as possible, typically by contributing money to the best-performing aid and development organisations. Surprisingly, this approach has met with considerable resistance among activists and aid providers who argue that effective altruism is insensitive to justice insofar as it overlooks the value of equality, urgency and rights. They also hold that the movement suffers from methodological (...) bias, reaching mistaken conclusions about how best to act for that reason. Finally, concerns have been raised about the ability of effective altruism to achieve systemic change. This article weighs the force of each objection in turn, and looks at responses to the challenge they pose. (shrink)

Just as there are rational requirements on thought, there are rational requirements on action. This book defends a conception of ethics, and a related conception of human nature, according to which altruism is included among the basic rational requirements on desire and action. Altruism itself depends on the recognition of the reality of other persons, and on the equivalent capacity to regard oneself as merely one individual among many.

The effective altruism movement (EA) is one of the most influential philosophically savvy movements to emerge in recent years. Effective Altruism has historically been dedicated to finding out what charitable giving is the most overall-effective, that is, the most effective at promoting or maximizing the impartial good. But some members of EA want the movement to be more inclusive, allowing its members to give in the way that most effectively promotes their values, even when doing so isn’t overall-effective. When we (...) examine what it means to give according to one’s values, I argue, we will see that this is both inconsistent with what EA is like now and inconsistent with its central philosophical commitment to an objective standard that can be used to critically analyze one’s giving. While EA is not merely synonymous with act utilitarianism, it cannot be much more inclusive than it is right now. (shrink)

We begin, in section 2, with a brief sketch of a cluster of assumptions about human desires, beliefs, actions, and motivation that are widely shared by historical and contemporary authors on both sides in the debate. With this as background, we’ll be able to offer a more sharply focused account of the debate. In section 3, our focus will be on links between evolutionary theory and the egoism/altruism debate. There is a substantial literature employing evolutionary theory on each side of (...) the issue. However, it is our contention that neither camp has offered a convincing case. We are much more sanguine about recent research on altruism in social psychology, which will be our topic in section 4. Though we don’t think this work has resolved the debate, we will argue that it has made illuminating progress – progress that philosophers interested in the question cannot afford to ignore. (shrink)

Effective altruism (EA) is a movement devoted to the idea of doing good in the most effective way possible. EA has been the target of a number of critiques. In this article, I focus on one prominent critique: that EA fails to acknowledge the importance of institutional change. One version of this critique claims that EA relies on an overly individualistic approach to ethics. Defenders of EA have objected that this charge either fails to identify a problem with EA's core (...) idea that each of us should do the most good we can, or makes unreasonable claims about what we should do. However, I argue that we can understand the critique in a way that is well motivated, and that can avoid these objections. (shrink)

Effective altruism sounds so innocuous—who could possibly be opposed to doing good more effectively? Yet it has inspired significant backlash in recent years. This paper addresses some common misconceptions and argues that the core “beneficentric” ideas of effective altruism are both excellent and widely neglected. Reasonable people may disagree on details of implementation, but all should share the basic goals or values underlying effective altruism.

In the case of surrogacy, it is not new biotechnologies themselves that have challenged well-established principles in law and ethics, but rather political and social phenomena such as commodification of women’s reproductive tissue and labour, demands to allow new ways of forming families and (before Covid-19, at least) the comparative ease of international travel that enabled cross-border surrogacy to develop into a market valued at up to $2 billion annually in India alone as of 2016 (Dickenson 2016, citing (...) an estimate from The Indian National Commission for Women). This phenomenon stands the usual truth on its head: it is not new technologies but new pressures that have challenged the existing law and ethics of surrogate motherhood. (shrink)