Trowse Pip, Cooper Donna
Lecturer, Queensland University of Technology Law Faculty.
Senior Lecturer, Queensland University of Technology Law Faculty.
J Law Med. 2018 Feb;25(2):388-407.
This article investigates whether a sample of Indian women involved in commercial surrogacy arrangements were exploited by their intended parents. This issue is topical as the Indian parliament is currently considering a ban on commercial surrogacy. This is due to a range of concerns, including that such arrangements are unethical and exploitative of illiterate women from low socio-economic backgrounds. We define the term exploitation and identify from the literature the three key elements that we argue provide a conceptual framework through which to analyse whether exploitation has occurred. We conclude that there are indications that many of the women were exploited. However, we contend that the practice should not be banned as this would mean that the commercial surrogacy industry in India would no longer be regulated and women who become surrogate mothers may be exposed to greater risk.
本文调查了参与商业代孕安排的印度女性样本是否受到其委托父母的剥削。由于印度议会目前正在考虑禁止商业代孕，这个问题成为了热门话题。这是出于一系列担忧，包括此类安排不道德且剥削了来自社会经济背景较低的文盲女性。我们定义了剥削一词，并从文献中确定了三个关键要素，我们认为这三个要素提供了一个概念框架，可据此分析剥削是否发生。我们得出的结论是，有迹象表明许多女性受到了剥削。然而，我们认为这种做法不应被禁止，因为这将意味着印度的商业代孕行业将不再受到监管，而成为代孕母亲的女性可能会面临更大的风险。
