Reem Alsalem of the UN publishes report on surrogacy harms

[ArabellaScott]

https://docs.un.org/A/80/158

This will be presented to the UN in October.

'In the report, the Special Rapporteur examines the different
manifestations of violence against women and girls in the context of surrogacy,
focusing on the drivers of the practice and on the human rights implications for the females involved.

1. In response to the call for input to the report, the Special Rapporteur received

some 120 submissions from different stakeholders. She convened online consultations with 78 experts: commissioning parents, surrogacy agencies, medical experts and women with lived experiences of surrogacy. '

'The practice of surrogacy is on the rise worldwide, with a significant and
growing proportion of arrangements involving cross-border dynamics: intended
parents, often from wealthier countries, engage surrogates in jurisdictions where the practice is legally permitted.

...In 2023, the global surrogacy market was valued at $14.95 billion and is projected to reach $99.75 billion by 2033.11 Frequently, surrogate mothers receive only a small fraction of the overall compensation, with the majority of the payment going to intermediaries.12 Surrogates have reportedly received as little as 10–27.5 per cent of the total payment'

'Globally, most surrogate mothers come from lower-income backgrounds and
have less social status compared with the commissioning parents. 27 Many lack access to effective legal remedies or advocacy mechanisms.28 Reportedly, migrant women are either specifically targeted for surrogacy or transferred to other countries for the purpose of impregnation29 and childbirth, often to circumvent legal frameworks'

'Commissioning mothers are generally from higher socioeconomic backgrounds
than most surrogate mothers.31 However, their experience is also frequently marked by uncertainty and emotional strain. Many commissioning mothers report anxiety regarding the outcome of the pregnancy, the nature of their relationship with the surrogate, societal stigma, legal complexities and the financial burdens involved.32
Particularly in cross-border arrangements, they may fall victim to fraudulent practices by surrogacy agencies, resulting in substantial financial losses. 33 Some may feel exhausted by the prolonged attempts to have a child. In certain cultural contexts, infertile commissioning mothers experience additional external pressure and stigma related to expectations of fulfilling what are perceived as their primary social roles'

'Women and girls who donate their eggs for surrogacy often come from
backgrounds marked by economic vulnerability. They are typically young adults who may view egg donation as a means to meet their financial needs. 35 Agencies tend to prefer women with specific characteristics, which they promise to commissioning parents.36 The demand is frequently shaped by racist and postcolonial stereotypes, as young, white, Western women with higher education receive up to 100 times more for their egg cells than others'

'Recruitment is commonly driven by online advertisement that frames egg
donation as both altruistic and financially rewarding while omitting vital information about the discomfort of daily hormonal injections and harmful side effects and risks, such as anaesthesia complications, 38 ovarian hyperstimulation syndrome 39 or the emotional complexities of giving up one’s genetic child. 40 Women report the absence of health services after the donation. 41 Many, particularly girls, are groomed to register as egg donors to test their tolerance for medical procedures before entering a surrogacy arrangement'

Risks to the child/baby:

'Individuals with disrupted development of secure attachment are at higher risk of developing mental disorders.45 In some cases, the transfer of a child is also delayed or complicated by legal uncertainties surrounding the recognition of parentage, nationality or identity, leaving the child in limbo'

Studies indicate that children born through surrogacy have lower mean
gestational age at delivery, higher rates of preterm birth and higher rates of low birth weight.47 Assisted reproductive technology and multifetal pregnancy have reportedly been associated with an increased risk of birth defects. 48 Breastfeeding, which is prevented in surrogacy and even contractually prohibited, 49 is essential to an infant’s healthy development...the lack of a gestational connection places them at increased psychological risk'

'surrogacy entails the direct and exploitative use of a woman’s bodily and reproductive functions for the benefit of others, .. often resulting in long-lasting harm and in exploitative circumstances'

'Demand is also shaped by the largely positive coverage of surrogacy in the
media65 and its visibility among celebrities, 66 as well as broader social narratives framing the desire for a child as a legitimate dimension of the right to family life, including for men in same-sex relationships'

'A study of 50 women from India demonstrated that surrogate mothers have
higher levels of depression during pregnancy and post-birth. In another research
study, surrogate mothers reported difficulties in relinquishing their newborns in 35 per cent of cases and having negative emotions over their decision to go into
surrogacy in 39 per cent of cases. Some 33 per cent were at risk of post -traumatic stress disorder or anxiety. Substantial stress was observed in 65 per cent of cases in negative in vitro fertilization outcomes.They experience post-birth trauma linked to the release of high quantities of oxytocin after birth for the production of milk and the establishment of the bond, a process abruptly interrupted by removing the newborn'

'Egregious abuses have been documented against egg donors, with hundreds
reportedly exploited for months through the harvesting of their eggs. 123 Girls are also reportedly exploited for their eggs and their wombs. 124 Some reports, including from China, describe scenarios of egg retrieval and embryo transfers being conducted in unregulated, underground laboratories operated by biotechnology companies, where the women undergoing the procedures were identified by codes and categorized as “high-end” or “low-end” products, on the basis of their appearance and health status, with each egg priced accordingly'

'In Georgia, for example, at least 100 female victims were reportedly kept in confinement and forced to give up their eggs after being artificially stimulated to ovulate'

'Commercial surrogacy, which accounts for the overwhelming majority of
surrogacy cases globally, constitutes the sale of children, which is a crime'

'In some cases, the State itself is the direct perpetrator of physical violence. In Cambodia, reports have emerged of women being detained and forced to give birth in handcuffs'

'the primary requirement placed on intending parents is the financial capacity to pay a substantial sum for the surrogacy procedure.
This poses particular risks for children born in this way, including the risk of sexual exploitation of girls, as there have been reports of sex offenders commissioning children for surrogacy; the risk of becoming victims of human trafficking; and the risk of abandonment, especially when a child is born with disabilitie'

'Girls can also be victims of sex-selective abortion, as surrogacy contracts
sometimes include clauses for “selective reduction” based on the sex of the child.
A similar situation exists for children with disabilities. There are even surrogacy
agencies that promise that “if the imperfection manifests later in the pregnancy,
interruption of the pregnancy is guaranteed by abortion'

Conclusion:

'69. The practice of surrogacy is characterized by exploitation and violence
against women and children, including girls. It reinforces patriarchal norms by
commodifying and objectifying women’s bodies and exposing surrogate mothers
and children to serious human rights violations.
70. Considering the above, the Special Rapporteur recommends that Member
States and other relevant stakeholders:
(a) At the international level, take steps towards eradicating surrogacy in
all its forms. Pending its abolition, States must take action to prevent further
harm and strengthen the protection of the rights of women and children involved
in surrogacy arrangements;
(b) Work towards adopting an international legally binding instrument
prohibiting all forms of surrogacy'

It's a thorough, thoughtful, and lucidly written report. It's also terrifying in the picture it paints of a global trade in women and children.

I recommend reading the whole thing, and I hope the UN listen.

(Apologies for the formatting glitches, the random numbers are the references inserted in the doc).

Wow!

I would love to see more focus on harms to children.

Thanks for sharing that. I have ended up being completely against surrogacy as the more I learnt about it, the more the serious issues became clear.

I've only shared excerpts!

Thanks @ArabellaScott that report doesn’t pull any punches. Hopefully it will be a wake up call but I suspect the huge financial gains involved will ensure it continues.

The more I see of Reem the more I like her.

Yes. Money to be made.

In 2023, the global surrogacy market was valued at $14.95 billion and is projected to reach $99.75 billion by 2033

Thanks Arabella. I think I may be falling in love with Reem.

It seems socially acceptable for UK couples to travel to i.e. the USA for paid surrogacy. I think they even advertise here.

I'm uncomfortable with it. It's not illegal to bring a surrogate child over, but perhaps it should be.

Thank you for posting this. It is all so depressing, though, isn’t it? I was on a train yesterday and nearby there was a man with a baby. The baby was really young, not holding its head up yet. Didn’t seem to be able to focus well yet either. The baby was very grizzly, and the man didn’t seem to be able to make it comfortable. He had it out of the pram and in his arms, but with the head not comfortably supported, and the baby’s head kept falling sideways as it had little support. Baby was miserable. He then rocked the baby quite forcefully, which escalated the grizzling. Then he started kissing the baby on the mouth. It was all so disquieting. He proceeded to play loud children’s music beside the baby, but it was so noisy and the baby was so young, that it made the baby cry again. He had all designer gear on, and you just wondered if he also bought the baby. I don’t know why that came into my mind, but the way he was interacting with/‘minding’ the baby was disturbing. The baby just needed gentle holding, nursing, and centering at that very young age. Yet it seemed the tiny human being was the man’s entertainment. I felt very sad for the tiny baby.

Of course, the tiny baby may have had a mother to watch out for them and to which they returned. I hope so. However, I suppose it can enter your mind now, as men are exploiting/farming women’s bodies to harvest gametes and have a baby in order to hand it completely over to the buyer/client. The finished product (the baby) is turned over to the buyer for whatever they wish to do with it really. No supervision, or welfare checks in the same way as when a baby is adopted. One way to avoid all that for the purchaser I suppose, whilst also designed to deprive the baby of a mother, and a mother’s protection.