TOKYO, July 26, 2023 — The debate over surrogacy isn’t simply about reproductive rights; it’s a stark reflection of power imbalances, where the desire for biological parenthood can overshadow the well-being and autonomy of women.
A System Rife With Exploitation
The practice of surrogacy raises serious ethical concerns about the potential for exploitation of vulnerable women.
- Proponents often frame surrogacy as a matter of reproductive freedom, but critics argue it can be coercive, particularly for women facing economic hardship.
- The Japan Society of Obstetrics and Gynecology prohibited its members from participating in surrogacy in 2003, citing concerns for women’s health.
- A recent UN report highlighted the exploitation and human rights violations inherent in surrogacy arrangements.
- Last year, Japan’s parliament explicitly banned surrogacy in assisted reproduction legislation.
Arguments for legalizing surrogacy frequently center on reproductive rights and bodily autonomy, suggesting that a woman’s body can legitimately be subject to contract with informed consent. However, this perspective often overlooks the reality that “voluntariness” is frequently compromised by poverty and oppression, and “informed consent” can serve as a legal shield for those commissioning the surrogacy.
Pregnancy and childbirth are not neutral processes. They carry significant medical risks, including gestational hypertension, postpartum hemorrhage, postpartum depression, and even death. To transfer these risks to another woman solely to fulfill a desire for a genetically related child is, fundamentally, exchanging money for a woman’s health and potentially her life.
The Fragile Line Between Altruism and Commerce
While some advocate for “altruistic” surrogacy—where no commercial payment is involved—the line between altruism and commerce is often blurred. Such arrangements typically cover expenses like living costs, legal fees, and intermediary fees, but disguised compensation frequently emerges. Once a system is established, market forces and brokers inevitably step in, commodifying women’s reproductive capabilities. History demonstrates that when women’s bodies become subject to market logic, safeguards are often eroded by profit motives.
A surrogacy arrangement legally obligates a woman, after approximately ten months of pregnancy and the development of physical and emotional bonds, to relinquish the child or face contractual liability. This isn’t simply a difficult emotional separation; it’s a denial of a woman’s inherent dignity as a mother.
Surrogacy systems disproportionately target vulnerable women. Instances in both Asia and the West reveal that surrogate mothers often come from economically disadvantaged backgrounds, single-parent households, or migrant communities. These women aren’t making genuinely “free” choices; they are often compelled by financial pressures—rent, medical bills, children’s education—to relinquish control of their bodies for nine months. This constitutes structural exploitation.
Is denying surrogacy a denial of rights for those struggling with infertility? Some argue that it is. However, no one’s right to parenthood should be predicated on inflicting harm on another person’s body. A more ethical response to infertility lies in investing in reformed adoption systems, expanded support for child-rearing, and policies that destigmatize diverse family structures—not in creating a new class of women whose primary role is sacrifice.
Last year, Japan’s parliament passed legislation on assisted reproduction that explicitly prohibits surrogacy. Furthermore, a UN report released in July characterized surrogacy as involving “the exploitation and violence against women and children, including girls” and reinforcing “patriarchal norms by commodifying and objectifying women’s bodies and exposing both surrogate mothers and children to serious human rights violations.”
The report recommended international measures to eradicate all forms of surrogacy and urged countries, pending a comprehensive ban, to take action to “prevent further harm and strengthen the protection of the rights of women and children involved in surrogacy arrangements.”
Taiwan should not legalize surrogacy, as doing so would only reinforce a long-standing form of patriarchal oppression—the pressure to continue the family lineage.
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