Showing posts with label surrogacy. Show all posts
Showing posts with label surrogacy. Show all posts

Thursday, June 2, 2011

When Ethics Losing Out To Logics

Free Market Babies And Reproductive Tourism 
As egg sales, IVF and surrogacy become more common and commercial, a conflict arises between social justice and profit.
Donna Dickenson

Does India need a new independence struggle?

The fight this time would not be against British colonialism, but rather against the United Kingdom's approach to regulating reproductive medicine. At a time when India is considering a sort of match-making service for Western couples seeking to hire Indian surrogate mothers, the UK government has announced the abolition of two leading medical regulatory agencies.

Meanwhile, as these countries move farther down the road to free markets in reproductive medicine, France is debating all of its bioethics laws - and continuing to stand up for a different model - focused on social justice and protection of vulnerable women. There is an alternative simply to letting the market decide, the French Assembly insists.

At some point, many countries are likely to find themselves embroiled in similar debates and controversies over reproductive rights and obligations. So it is necessary to clarify what is at stake in how we regulate - or de-regulate - in vitro fertilisation (IVF), egg sales, and surrogacy.

It may come as a surprise to observers in the US, in particular, that the British approach could be considered "free market". After all, the UK forbids outright payment for eggs, whereas in the United States, a highly differentiated market has grown up around "consumer demand". And the UK has a national regulatory agency for IVF, whereas the US has a patchwork of state regulations (or a lack thereof).

But the UK's Human Fertilisation and Embryology Authority (HFEA) might not be around for much longer. Prime Minister David Cameron's government announced in July that it intended to abolish the HFEA by 2014, along with the Human Tissue Authority, which deals with non-reproductive tissues. Already, the HFEA appears to be attempting to preempt the government by softening its regulatory touch.

Last month, the HFEA finished a consultation on increasing the level of "expenses" payable for eggs used in IVF. European law forbids outright payment for eggs, but the Authority suggests that increasing "expenses" considerably would not constitute an impermissible inducement. The HFEA is merely "removing disincentives", not "creating incentives". You could be forgiven for missing the difference.

Proponents of the Assisted Reproductive Technologies Regulation Bill 2010, now before the Indian Parliament, employ a similar rhetorical twist. They say that the bill actually protects surrogate mothers - for example, by limiting the number of pregnancies they can undergo. But the law would make surrogacy contracts legally binding, requiring the mother to give up the baby even if she changes her mind.

Opponents say that the agencies making the arrangements will be the biggest winners - that the huge profits they reap will dwarf the fees paid by foreign couples to the women bearing their children. As NB Sarojini and Aastha Sharma wrote in the Indian Journal of Medical Ethics, "The Bill actively promotes medical tourism in India for reproductive purposes." 

Reproductive tourism

France, like most European countries, has a problem with reproductive tourism: a yearly shortage of about 700 egg donors sends some couples over the Pyrenees to Spain, where private IVF clinics pay providers more in "expenses" than the UK allows. Even so, the draft bill continues to prohibit payment for eggs.

And it's not just France's official ethics committee that takes an anti-commodification stance. The French have recently conducted a series of two-day meetings in several provincial cities. In Rennes, the panel debating reproductive medical issues supported the policy of not paying for eggs or sperm - not even by the back door of increasing the level of "expenses".

While the HFEA document calls for ethical concerns to be "balanced" against increasing egg supply, French Assembly members insist that law, morality, and progress are compatible. They reject the view that ethics is optional, even though some influential professors, such as Rene Frydman, who helped to create the first French IVF baby, have warned that France will fall behind in the science race unless it abandons its principles. The upper house, the Senate, was much more minded to listen to that view, so the outcome is still uncertain.

France is no Shangri-La, isolated from global markets or the pressures of international research. In the words of Emmanuel Hirsch, professor of medical ethics at the University of Paris-XI, "How long can our bioethical standards continue to resist the rise of other logics - particularly financial ones?"

To be sure, French regulation can be heavy-handed. For example, IVF is restricted to heterosexual couples who are married or in long-term relationships. The official rationale was that eggs and sperm are not commodities, but gifts from a fertile couple to an infertile one.

That is also one reason why the French restricted egg donation to women who had already had at least one baby (though this is being changed).

But the limitation to heterosexual couples was rightly condemned as homophobic by the French public in the consultations. So the draft bill has been amended to allow lesbian women to receive donated eggs. Gay men will still be barred, because they would require a surrogate, and surrogacy remains prohibited.

That sort of responsiveness to popular sentiment in the legislative process gives the lie to the canard that French regulation is inflexible and hopelessly bureaucratic. In fact, the free-market "Anglo-Saxon" attitude sounds like nothing so much as the old prejudices about the French that have been around since the novelist Thackeray told English readers: "The Frenchman has after his soup a dish of vegetables, where you have one of meat. You are a different and superior animal - a French-beating animal."

Of course, we now know that a diet of bully beef is likely to result in hardening of the arteries, whereas the vegetable-centered Mediterranean diet is much better for human health. Enough said? 

Donna Dickenson, Emeritus Professor of Medical Ethics and Humanities at the University of London, won the International Spinoza Lens Award in 2006 for contributions to public debate on ethics. Her latest book is Body Shopping: Converting Body Parts to Profit.

A version of this article was previously published on the Project Syndicate.

The views expressed in this article are the author's own and do not necessarily represent Al Jazeera's editorial policy. 

Source: AlJazeera - May 30, 2011

Sunday, February 27, 2011

Baby Farming In Thailand


http://0.tqn.com/d/pregnancy/1/0/O/Z/3/07meeuwissennewbornboy.jpg

Immigration officers raided a Taiwanese company - Baby 101 Co - on Ramkhamhaeng Road in Thailand on Wednesday.
The company was found to offer an illegal surrogacy service.

Thirteen Vietnamese women were rescued.
Seven of them pregnant with children destined for other people.
The Vietnamese women are now in the care of the Baan Kretakaan welfare home under the Ministry of Social Development and Human Security while police investigate.

Two surrogate mothers who are 18 weeks and 20 weeks pregnant are likely to be returned to Vietnam. Authorities will discuss with the Vietnamese embassy on Monday about sending them back home.

Another had given birth on Monday at a private hospital in Min Buri district.
Somboon Kunatikom, president of the Royal College of Obstetrics and Gynaecology of Thailand, said the 31-year-old Vietnamese woman who has just given birth is entitled to regard herself as the legitimate mother of the baby boy under Thai law.
Any foreign couples who hired her to be the surrogate mum can only apply to become foster parents of the baby if they wanted to keep it.
Otherwise they would have to have their DNA tested to prove that they are the baby's biological parents.

Deputy immigration police chief Pansak Kasemsant said hospitals involved in the arrangement claimed that they are bound by a client confidentiality agreement.
They need help from the Public Health Ministry to understand surrogacy birth arrangements and decide if additional charges should be pressed against those involved.

"We need help from the health and medical sector. At least we need to know if the implanting of an embryo is a wrongful act," he said.

In some instances, the male partner would provide sperm to inseminate the women.
Some of the women had been raped.
A lack of cooperation from the suspect and the rescued women hindered the probe.
The business had been going on for a year.

A preliminary check found two doctors could be involved.
The Medical Council of Thailandl's sub-panel on medical ethics will discuss the issue next week to determine if the doctors meet the qualifications to perform medical services involving reproductive technology as issued by the council.

A Chinese and three Myanmar nationals were arrested in connection with the business and charged with illegally working in Thailand.
A 35-year-old Taiwanese woman, of the four Taiwanese arrested, was suspected to run the operation.
She was also charged with human trafficking.
The network of people involved with the operation offering the surrogacy service for Taiwanese couples is yet to be pinointed.

So far, only charges of human trafficking, detention and employment of alien workers have been levelled against the suspects.
The gang, which operated under the name 'Baby 101' receives email orders or via agents (here's the website) using them as surrogates for wealthy childless couples overseas who placed orders for newborns online.
Department of Special Investigation deputy director-general Narat Sawettanan would ask the Information and Communication Technology Ministry (ICT) Ministry to block the website. 

The broker company breaks Thai law by advertises its surrogate-mother service on the website.
Commercial surrogacy is prohibited in Thailand under a medical practice and hospital services regulation.
Couples can only use a surrogate if she is a blood relation and is not paid in Thailand  

The baby breeding ring placed the women in two houses in Bangkok.
They were offered US$5,000 (S$6,364) for each baby.
The Vietnamese women told police that company staff lured them to work in Bangkok by promising them well-paid jobs.
The staff allegedly seized their passports on their arrival from Vietnam and asked them to work as surrogate mothers for the firm's clients. 

The fate of the unborn children hangs in the balance.
Thai authorities weigh what to do with the offspring of Vietnamese women.

"There is a risk that those children might end up as stateless, that they won't get citizenship anywhere," said Benedict Phillips, Asia strategy director at Save The Children.

Campaigners fear for the future of the infants who are born to desperate women - perhaps not their biological mothers - and into a legal grey area, with Thailand still mulling the ramifications of the case.

The women were freed after they were able to send an email to the Vietnamese embassy, which tipped off Thai authorities.
Nine of them volunteered  and four said they were tricked into the scam.