An Overview of Surrogacy: A Contemporary Legal Discourse from the Perspective of Commodification of the Human Body

Abstract

Commercial surrogacy is an even more complex and contentious issue among jurists, economists, and policymakers like other medico-legal issues especially when surrogacy is conducted for wealthy foreigner individuals by local poor women in developing countries. Some researchers strongly condemn the commercialization of surrogacy and amount it to the commodification of women and children. Whereas others defend that payment to surrogates does not commodify her or the child. Some contend that she demeans humanity by renting her womb, on the contrary, some defend that she does not disgrace humanity when she gives the pleasure of a baby to an infertile couple. Legal Position is still not very clear globally. In the U.S, most of the states have permitted it with some conditions whereas English law prohibits it. This article aims at revisiting the current debate about the ethical and legal position of commercial surrogacy.