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Too much or not enough? The exploitation dilemma
• One obvious response to exploitation concerns is to pay surrogates more, but ‐
• “To increase the payment to Indian women, and further widen the gap between payment for contract pregnancy and payment for other remunerated work, could heighten concerns about the exploitation of economically disadvantaged women in India in relation to the risk of undue inducement.”
• Françoise Baylis, ‘Transnational commercial contract pregnancy in India’ in F. Baylis & C. McLeod (eds.) Family‐making: Contemporary Ethical Challenges (Oxford: Oxford University Press, 2014), p. 271.
Too much or not enough? The exploitation dilemma
• So low pay increases the risk of injustice and exploitation
• But higher pay arguably poses more of a threat to valid consent
by making surrogacy ‘too attractive’
• Consistency – what about the fact that many other equally exploitative or badly paid practices are permitted?
• Welfare – what about the fact that if we don’t allow transnational surrogacy then the surrogates would end up doing something worse and/or be further impoverished?
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