Many the broker and the surrogate are

Many scholars have written about commercial surrogacy, which
involves a contract in which a woman agrees to carry a child for another person
to whom she will relinquish the child when it is born. The typical case
involves a married couple who cannot have their own biological child because
the wife is infertile. Therefore, the couple enters into an agreement with a
woman (the surrogate) who will carry a child for them; the man (the father)
provides the sperm which will be used together with the surrogate’s egg to
produce a child! The surrogate will carry this child to term and subsequently
relinquish it to the father and his partner (the recipient woman) . This is
known as partial surrogacy; however, the recipient woman may also donate her
eggs, rendering the arrangement a “full surrogacy. “There are cases
where friends or family members carry children for each other without charging
a fee; however, commercial surrogacy generally involves a broker who brings the
parties together for a fee and both the broker and the surrogate are paid. The
existing literature surrounding the commercial surrogacy debate shows that
there is a tendency, by those on both sides, to compare surrogacy to
prostitution. This paper will show that this analogy is sufficiently weak to undermine
the arguments for which the authors intend it to stand. First, the analogy
minimizes the harms of prostitution, an act that can present many problems, and
at the same time, makes surrogacy-an act which has less potential for harm seem
worse than it actually is by hiding the benefits and exposing only tenuous
harms. Thus, the analogy does a disservice to both surrogacy and prostitution. Second,
the analogy suggests, for some, that surrogacy should be prohibited because a
woman cannot rationally “choose” surrogacy because of the negative
connotations and stigma involved.

Commodification of the female’s uterus and/or eggs has
further been used to argue against both surrogacy and prostitution.’ This paper
will touch briefly on the fact that commodification, while existent in both
surrogacy and prostitution, should not be viewed negatively. Further, this
paper will counter the argument that as a policy matter, both surrogacy and
prostitution should be prohibited or regulated because they both involve coercion
and/or exploitation. This paper will conclude that while this proposition may
be true for prostitution in some circumstances, it is not true for surrogacy.

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Similarities Between Surrogacy and Prostitution

This section will first address the views of those who
believe that surrogacy is similar to prostitution, and thus should be
prohibited. The section will then discuss the view that surrogacy is akin to
prostitution because it degrades women, and the belief that regulation is
needed due to the similarities between prostitution and surrogacy. Finally, the
section will show the arguments at the other end of the surrogacy debate which
also analogize surrogacy to prostitution.

One should note that while many have written that “most
feminists” see surrogacy as akin to prostitution, there are in reality few
who have written about the analogy and adopted it as their own belief; yet
these same few people are cited over and over for the view of “most
feminists.” 2 In addition, it is useful to note that while the arguments
below have been made, there is little more by way of full analysis than what is
presented in this article.

Since Surrogacy Is Like Prostitution, It Should Be Prohibited Because No
Woman Can Rationally Choose It

 

1.    Catharine
MacKinnon & Andrea Dworkin

 

 

 

 

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