The impossibility of gendered justice through surrogacy bans

Abstract

This concluding article, building from observations of the industry from 2008 onwards, examines the practices of commercial and altruistic surrogacy in India. Commercial surrogacy is built on atomized market relationships, where exchanges are mediated by money. The author shows how exploitation is at the heart of production in commercial surrogacy. Altruistic surrogacy is built on gift-like giving between social actors engaged in ongoing exchange relationships. While these sorts of exchanges might seem egalitarian, the author argues that domination is at the heart of exchange in altruistic surrogacy. The article concludes that banning all forms of surrogacy is not the answer, and provides policy recommendations that do not eradicate, but ameliorate exploitation and domination.