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THE EXPLOITATION ARGUMENT
AGAINST COMMERCIAL SURROGACY
STEPHEN WILKINSON
ABSTRACT
This paper discusses the exploitation argument against commercial
surrogacy: the claim that commercial surrogacy is morally objectionable
because it is exploitative. The following questions are addressed. First,
what exactly does the exploitation argument amount to? Second, is com-
mercial surrogacy in fact exploitative? Third, if it were exploitative, would
this provide a sufficient reason to prohibit (or otherwise legislatively
discourage) it? The focus throughout is on the exploitation of paid sur-
rogates, although it is noted that other parties (e.g. ‘commissioning
parents’) may also be the victims of exploitation.
It is argued that there are good reasons for believing that commercial
surrogacy is often exploitative. However, even if we accept this, the
exploitation argument for prohibiting (or otherwise legislatively discour-
aging) commercial surrogacy remains quite weak. One reason for this
is that prohibition may well ‘backfire’ and lead to potential surrogates
having to do other things that are more exploitative and/or more harm-
ful than paid surrogacy. It is concluded therefore that those who oppose
exploitation should (rather than attempting to stop particular practices
like commercial surrogacy) concentrate on: (a) improving the conditions
under which paid surrogates ‘work’; and (b) changing the background
conditions (in particular, the unequal distribution of power and wealth)
which generate exploitative relationships.
I OBJECTIONS TO COMMERCIAL SURROGACY
By ‘commercial surrogacy’, I mean: surrogacy arrangements
in which a woman is paid a fee (not merely compensation) for
carrying and giving birth to a foetus/child and for subsequently
giving up that child (and all associated parental rights) to the
Bioethics ISSN 0269-9702
Volume 17 Number 2 2003