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Ethical Issues and Challenges in Research on Gender, Reproductive Technologies and Market

  • Sarojini Nadimpally
  • Deepa Venkatachalam
Chapter

Abstract

This chapter seeks to contextualize Sama’s work on assisted reproductive technologies and commercial surrogacy from a bioethical framework. It discusses several ethical issues that are implicated in this burgeoning industry, the foremost being the stigmatization of childlessness and essentialization of motherhood that push women particularly to access ARTs (Assisted Reproductive Technologies). Secondly, even when regulation was initiated, many countries including India adopt a discriminatory approach to exclude LGBTI people from accessing these technologies and limit them within heteronormative marriage. Thirdly, the use of donor gametes extracted from others and surrogate mothers bearing a pregnancy and contractually relinquishing the child upon birth (with or without a commercial transaction) raises ethical concerns about the commodification and instrumental use of the body and its parts within the ART industry. Fourthly, there remain ethical questions on trade in biological materials that are “leftover” or “surplus”, particularly embryos, and what can be the ethical parameters within which they can be used for further research and experimentation. An understanding of commercial surrogacy in India would be incomplete without discussing what the lack of regulation with regard to the practice of surrogacy has meant for the various actors of this mushrooming industry.

Keywords

Reproductive technologies Infertility Egg donation Surrogacy Regulation Ethics 

References

  1. Cooper, M., & Waldby, C. (2014). Clinical Labor: Tissue Donors and Research Subjects in the Global Bioeconomy. Durham: Duke University Press.Google Scholar
  2. Deepa, V., et al. (2013). Sourcing surrogates – Actors. Zubaan: Agencies and Networks.Google Scholar
  3. Franklin, S. (1995). Postmodern procreation: A cultural account of assisted reproduction. In R. R. Faye & D. Ginsburg (Eds.), Conceiving the new world order: The global politics of reproduction (p. 323). Berkeley: University of California Press.Google Scholar
  4. Kannan, S. (2009, March 18). Regulators eye India’s surrogacy sector. BBC World News.Google Scholar
  5. Kohli. N. (2011, January 3). Moms Market. Hindustan Times.Google Scholar
  6. Pande, A. (2010). Commercial surrogacy in India: Manufacturing a perfect mother-worker. Signs, 35(4), 969–992.  https://doi.org/10.1086/651043.CrossRefGoogle Scholar
  7. Sama. (2006). ARTs and Women: Assistance in Reproduction or Subjugation. Delhi: Sama.Google Scholar
  8. Sama–Resource Group for Women and Health. (2010). Constructing conceptions: The mapping of assisted reproductive Technologies in India. New Delhi.Google Scholar
  9. Sama Resource Group for Women and Health. (2012). Birthing a market: A study on commercial surrogacy. New Delhi: Sama Resource Group for Women and Health.Google Scholar
  10. Saravanan, S. (2010). Transnational surrogacy and objectification of gestational mothers. Economic and Political Weekly, 45(16), 26–29.Google Scholar
  11. Sarojini, N. et al. (2017). Parliamentary panel report on surrogacy bill is a good step, but definitely isn’t perfect. The Wire, 16 Aug 2017, thewire.in/168455/surrogacy-bill-parliamentary-panel-report/Google Scholar
  12. Sunder Rajan, K. (2011, September 26–27). Surplus health, clinical trials and access to medicines: Structural and conceptual provocations. Presentation at the National Consultation on Regulation of Drug Trials, New Delhi, India.Google Scholar
  13. Swaminathan, P. (2009). Outside the realm of protective labour legislation: Saga of unpaid labour in India. Economic and Political Weekly, 44(44), 80–87. Retrieved from http://www.jstor.org/stable/25663737
  14. Warner, J. (2008, January 3). Outsourced wombs. New York Times.Google Scholar
  15. Clause 5.18 (2017). Department-Related Parliamentary Standing Committee (PSC) on Health and Family Welfare. One Hundred and Second Report.Google Scholar
  16. Clause 5.19 (2017). Department-Related Parliamentary Standing Committee (PSC) on Health and Family Welfare. One Hundred and Second Report.Google Scholar
  17. Clause 5.20 (2017). Department-Related Parliamentary Standing Committee (PSC) on Health and Family Welfare. One Hundred and Second Report.Google Scholar
  18. Clause 5.21 (2017). Department-Related Parliamentary Standing Committee (PSC) on Health and Family Welfare. One Hundred and Second Report.Google Scholar
  19. Clause 5.60 (2017). Department-Related Parliamentary Standing Committee (PSC) on Health and Family Welfare. One Hundred and Second Report.Google Scholar
  20. Clause 5.93 (2017). Department-Related Parliamentary Standing Committee (PSC) on Health and Family Welfare. One Hundred and Second Report.Google Scholar
  21. Clause 5.120 (2017). Department-Related Parliamentary Standing Committee (PSC) on Health and Family Welfare. One Hundred and Second Report.Google Scholar
  22. Egg Donor’s Death: Internal bleeding, ovaries severely enlarged, says report. The Indian Express. 9 Feb 2014. indianexpress.com/article/india/india-others/egg-donors-death-internal-bleeding-ovaries-severely-enlarged-says-report/
  23. Majumdar, S. (2014). Donor deaths in India highlight surrogacy perils. https://womensenews.org/2014/06/donor-deaths-in-india-highlight-surrogacy-perils/
  24. The News Minute. (2017). Pregnant with other people’s children, 19 June 2017.Google Scholar

Copyright information

© Springer Nature Singapore Pte Ltd. 2018

Authors and Affiliations

  • Sarojini Nadimpally
    • 1
  • Deepa Venkatachalam
    • 1
  1. 1.Sama Resource Group for Women and HealthDelhiIndia

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