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As international adoptions continue to decline, more couples and individuals are turning to surrogacy as a means to start families. The surrogacy industry is booming, with growing demand for cross-border arrangements, particularly in countries with accessible and affordable programs. However, this rising trend has also attracted a surge of criticism. Religious conservatives view surrogacy as a violation of natural laws, while certain feminist groups argue that it exploits women, especially when women are paid to carry a child for others. The debate surrounding surrogacy has sparked heated discussions about ethics, women’s rights, and the commodification of human life.
A Personal Journey: The Shift from Adoption to Surrogacy
Shakir Mohamed and his partner, both from London, initially considered adoption when they wanted to start a family. However, they found the process daunting due to long waiting times and complex procedures. After some time, they decided to explore surrogacy. Their son, Nico, was born to a surrogate mother in the United States who agreed to carry the child for a fee. The family remains in contact with the surrogate, and they view the experience as a positive one.
While acts of kindness, where women help create families for those unable to conceive, are often celebrated, the practice of surrogacy has become increasingly controversial. Every year, around 30,000 babies are born via surrogacy worldwide, contributing to the creation of thousands of new families. However, the rapid growth of the industry has faced strong opposition from various quarters.
Religious and Feminist Criticism
Surrogacy, particularly when it involves commercial arrangements, is increasingly under fire from religious conservatives and feminists. Religious groups argue that surrogacy undermines the sanctity of natural procreation and family values. For some, the practice is viewed as a violation of divine law, and the commercialization of childbirth is seen as morally unacceptable.
On the other hand, certain feminists contend that surrogacy, especially when surrogates are compensated, exploits vulnerable women. Critics argue that women, often from lower-income backgrounds, are being commodified for the sake of fulfilling the desires of wealthy individuals or couples. Concerns about exploitation are amplified when surrogates are hired from developing or under-regulated countries, where they may face poor working conditions and little legal protection.
Legal Backlash: Italy and Spain’s Strict Stances
In response to the growing popularity of international surrogacy, some countries have passed strict laws to prohibit the practice. In October 2024, Italy took an unprecedented step by declaring surrogacy a “universal crime,” making it equivalent to serious offenses like genocide. Under this new law, Italian citizens who have surrogate children abroad, where surrogacy is still legal, face potential jail time and hefty fines.
Spain’s Supreme Court, in December 2024, also ruled against surrogacy abroad, asserting that it undermines the moral integrity of both the surrogate and the child involved. Such laws are creating a tangled web of international legalities, leaving prospective parents vulnerable to prosecution and increasing the likelihood that children born via surrogacy could become stateless.
The Decline of Adoption and the Rise of Surrogacy
The steep decline in international adoptions over the past few decades has played a significant role in the rise of surrogacy. A study in 2006 found that around 1 million Americans were interested in adopting, but only about 51,000 children were placed for adoption annually. International adoptions, which peaked at 45,000 in 2004, have plummeted to just 3,700 by 2022 due to scandals involving child trafficking, corruption, and unethical practices. Many countries have tightened adoption regulations, leaving children in orphanages, often without the chance to be placed with families.
Domestic adoptions in affluent countries have also decreased due to increasingly stringent and often unrealistic requirements. In the UK, for example, local authorities mandate that each adopted child must have their own bedroom, and children often spend extended periods in foster care, leading to institutionalization and trauma. With limited options for adoption, many parents like Mohamed and his partner have turned to surrogacy instead.
The Globalization of Surrogacy
As the demand for surrogacy grows, so too does the international nature of the practice. Surrogacy has become increasingly globalized, with many people seeking surrogates in countries where it is legal and affordable. In the US, nearly one-third of surrogate pregnancies are for foreign parents, including those from nations where surrogacy is banned. The UK has also seen a surge in surrogacy births, with the number of surrogate births recognized by UK courts nearly quadrupling from 2011 to 2022.
Despite its growth, the surrogacy market is highly fragmented, with different laws, regulations, and ethical standards across countries. In 2022, the global surrogacy market was valued at over $14 billion, with projections to reach $129 billion by 2032. While the industry offers hope to those unable to conceive, it also raises significant ethical and legal challenges, such as the potential for exploitation of women and the legal complexities for parents and children.
The Risk of Exploitation in Unregulated Countries
In countries with unregulated or poorly regulated surrogacy industries, exploitation is a significant concern. For example, in Colombia, surrogates are often vulnerable women from neighboring Venezuela, and much of the money paid for surrogacy goes to middlemen or agencies rather than the surrogates themselves. The growing demand for cheaper surrogacy services has pushed some surrogacy arrangements to unregulated regions, such as parts of Africa, where the industry remains largely unregulated.
Countries like Mexico and Georgia, known for their less expensive surrogacy services, have become popular destinations for foreign parents seeking affordable options. However, these countries also face criticism for failing to adequately protect the rights and well-being of surrogates.
Regulation and the Call for an International Treaty
To address these issues, some advocates are calling for an international treaty to regulate surrogacy, similar to the Hague Convention on adoption. However, negotiations on this front have stalled due to deep divisions between countries on whether surrogacy should be legalized or banned altogether.
Meanwhile, the surrogacy industry continues to expand, with its ethical, legal, and economic implications remaining a matter of intense debate. As countries around the world grapple with the complex challenges posed by surrogacy, one thing remains clear: the demand for international surrogacy is only likely to grow in the years ahead, and finding a balanced solution will require cooperation and compromise on a global scale.
The Future of Surrogacy: A Growing Controversy
Surrogacy is not going away, but it is undeniably facing challenges—both legal and ethical. As the practice continues to expand, so too does the conversation about the rights of women who become surrogates, the children born through surrogacy, and the parents who seek surrogates. While some see surrogacy as a necessary and compassionate solution to infertility, others view it as an exploitation of women and a threat to traditional family values. The coming years will likely see continued debate, stricter regulations, and, potentially, a new global framework to address the practice’s ethical and legal complexities.
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