Really interesting 168-strong survey, though a shame that only 2 surrogate mothers responded, so with an unintentional focus on those who benefit from #surrogacy it collects key data with balance provided. Our analysis follows. Epic 🧵 1.
2. Same sex respondents (9), 5 admit to using ‘legal loopholes’ to access #commercialsurrogacy in #Ukraine – laws there only permit infertile heterosexual couples to apply for #surrogacy
3. Reason for choosing #surrogacy: #adoption was restricted or not available (this refers to other countries, UK does not discriminate legally against same-sex couples) but #surrogacy can be either expensive or cheap.
4. So if #surrogacy is also restrictive, why is it attractive?
5. Any other reasons? It was said to “offer best guarantees” and “legal certainty”
6. So a genetic connection strengthens legal status which and so does choosing a country where the #surrogatemother doesn’t have rights.
7. Out of 168 respondents, with 43 from commissioning parents (CPs) ONLY 2 said the friendship with the surrogate mother was part of their motivation...presumably the majority (41) weren't interested in friendship? It wasn't a priority? #surrogacy
8. Moving to £ - based on the different locations and surrogacy arrangements the price ranged from a supposed zero to $100k. Who receives this money? The agency. How much does the #surrogatemother get? Don't know.
9. What is this money for, what do you get for it in return? Is it a case of ‘surrogacy work is work’ or is a #surrogacy payment for compensation for damage or loss?
10. By contrast others were concerned about the ‘expenses’ amount being considered ‘altruistic’ but then one respondent wanted something more for their money...more control over her...
11. What kind of control? (As described by legal practitioners/lawyers) Contractual control...
12. ‘Mind’ control…
13. Control over the #surrogatemother ’s behaviour.
14. With these contracts, who has accurate legal and *unbiased* information on #surrogacy ?
15. Those with a vested interested in #surrogacy cannot be relied upon for “the truth”.
16. And it would always be advisable, surely, to conduct all your research and seek legal advice before entering into any arrangement involving other parties. (There was a surprising lack of knowledge noted in this study, from legal rights and processes to travel requirements.)
17. Disclaimer: We are not lawyers. Should proof of knowledge of process and country government laws be a made compulsory requirement and proven prior to engaging in #surrogacy?
18. …Back to telling the truth, we think language is important here, do we consider being single or in a same sex relationship a kind of ‘infertility’? #socialinfertility #fertilityequality #surrogacy
19. Should the law step in to facilitate access to a woman to obtain a baby? (As long as “that person” has a “choice to help”)
20. #Choice and #consent, including trust and friendship are key claims often made #altruisticsurrogacy , the current model applied in the UK…
21. So why then do relationships break down in #uksurrogacy, it is because you cannot legally force friendship?
22. Is the solution to make #uksurrogacy #commercialsurrogacy, w/ clear legal lines of responsibility drawn up in contracts? This was suggested by a lawyer, who used the common references to the law being “outdated”, “not fit for purpose” ...and again that word “compensation”.
23. And enforceable laws and regulation would prevent exploitation…but not relocate it or legitimise it?
24. Additionally (nearly there, thanks for bearing with us!) there were respondents who had concerns about #surrogacy as an intrinsically exploitative practice…
25. With one asking what the meaning of ‘ethical’ can mean in the context of #surrogacy .
26. And framing #surrogacy as ‘slavery’, ‘obstetric violence’ and #VAWG suggesting that abolition @CIAMS_Coalition is never considered (which is certainly true of #lawreform in the UK #surrogacyreform
@CIAMS_Coalition 27. Finally concern for “surrogate born children (and what they) face in obtaining recognition of their legal relationship in their own jurisdiction was highlighted on numerous occasions” it was noted whether this is “with the best interests of the child” #children
@CIAMS_Coalition 28. To conclude: is #surrogacy human trafficking?
@CIAMS_Coalition 29. We thank @CFentonGlynn & @CambridgeLaw
for this work and hope extracts here are useful. We do encourage those reading to also read the *full report* as this is *our analysis*. #surrogacy #uksurrogacy #commercialsurrogacy #altruisticsurrogacy #lawreform
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