The infertility and surrogacy multi-billion-dollar industries, those who benefit from it, and others, too often attempt to out-shout any criticism of surrogacy by conflating surrogacy with LGBTQ+ rights and labeling all opposition to surrogacy as homophobic.
Defenders of surrogacy see it as a reproductive choice from a vast array of menu items ranging from IVF to adoption. However, these options are not available equally to all, but only to those who can afford them.
Anna Kerr, founder and Principal Solicitor of Feminist Legal Clinic Inc., Sydney, AU addresses the heart of the issue in regard to how much a of choice surrogacy is for the surrogates:
… how often are these ‘choices’ being made under financial duress or in a context of social coercion? … Can we assume that women are truly acting of their own volition when in many cases their lives are so susceptible to the control of others? Or should we be skeptical of claims of ‘free choice’ and ‘consent’ in contexts that so clearly … smack of abuse and shameless exploitation?
Kerr very accurately foresees surrogacy and other reproductive technologies creating “an Atwoodian dystopia that should provide the basis for litigation well into the future. … international human rights provisions, do not adequately recognise and protect the natural and fundamental bond between a mother and the child she carries and must urgently be strengthened to prevent further development of a culture in which women’s reproductive capacities are commandeered and their offspring traded as mere commodities by wealthy men