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Global commercial surrogacy is an arrangement in which a surrogate mother receives financial compensation beyond the reimbursement of medical expenses on an international scale (Choudhury, 2016, p. 3). The arrangement is often associated with “medical tourism”, a practice that involves travelling, both nationally and internationally, for medical procedures often due to unaffordability, unavailability, and illegality depending on the area within which one resides (Cherry, 2014, p. 259). Global commercial surrogacy relates to this phenomenon, however, it is motivated by a desire for procreation and focuses on reproductive tourism. Global commercial surrogacy opportunities and arrangements have gained a great deal of attention within the last few decades with the growing process of globalization.

Global commercial surrogacy is one example of the treatments available on an international level that provide individuals and couples with another option for having a child (Hammarberg, 2015, p. 690). Gestational surrogacy is most common and involves the transfer of an embryo created through in vitro fertilization, producing a child that is genetically related to one or both parents and not to the surrogate (Scherman et al., 2016, p. 23). The emergence of assisted reproductive technology (ART), such as in vitro fertilization, has enabled commercial gestational surrogacy to become a multimillion-dollar industry, with growing popularity also attributed to the high financial costs and inaccessibility of gestational surrogacy in certain countries (Choudhury, 2016, p. 1). The development of such modern technologies is a key factor in enabling individuals and couples to engage in commercial surrogacy (Caamano, 2016, p. 576).

Growing popularity can be attributed to a number of causes. For instance, in certain countries, homosexual couples are not eligible for artificial insemination, adoption, in vitro-fertilization, or surrogacy (Cherry, 2014, p. 261). These heavily limiting laws may contribute to gay couples choosing global commercial surrogacy as a viable option, given that it may be their only opportunity for parenthood depending on their geographic, financial, and social situation (Hammarberg, 2015, p. 690).

In relation to the legality aspect of the arrangement, an increasing number of couples and individuals travel to different countries where surrogacy is an option (Hammarberg, 2015, p. 690). For instance, Australian law maintains that surrogacy contracts are not enforceable, and it is against the law to participate in commercial surrogacy as well as to advertise for a surrogate (Hammarberg, 2015, p. 690). Due to such restrictions, those considering surrogacy may resort to travelling to areas with less restrictive policies in order to fulfill their desire for children (Hammarberg, 2015, p. 690).

As well, many individuals and couples cannot afford to engage in commercial surrogacy in countries such as the United States. Costs vary immensely across the globe, limiting financial availability of commercial surrogacy in certain areas. For instance, the cost is often around US$200,000 in the United States (Pariya, 2015, p. 203). The cost is substantially lower in other areas, with the price around US$60,000 in Ukraine and US$45,000 in Thailand (Pariya, 2015, p. 204). However, commercial surrogacy in India is far less expensive, with costs around US$30,000 or lower, demonstrating why the country is commonly discussed in relation to global commercial surrogacy and its increased prominence in the current globalized era (Pariya, 2015, p. 203).

While global commercial surrogacy is seen by many as providing opportunities to both the surrogate and individuals and couples seeking a child, there is a great deal of controversy surrounding the subject. Surrogacy and commercial surrogacy, in particular, is prohibited in many countries (Choudhury, 2016, p. 1). For instance, in 1994, gestational surrogacy was banned by the Chinese Ministry of Health as a result of legal complications involved in defining parenthood and due to the possibility of surrogate mothers refusing to give custody to the intended parents (Pariya, 2015, p. 196). In 2002, commercial surrogacy was legalized in India to increase the country’s potential within the medical tourism sector (Pariya, 2015, p. 195). However, India has recently announced a possibility for a complete ban on surrogacy that has shocked many Indians and foreigners (Reddy et al., 2018). In 2010, Turkey was the first country to ban the international travel of its citizens with the intent of participating in reproductive tourism and assistance (Gurtin, 2011, p. 555).

The controversy is not limited to legal issues at the state level; ethical and moral arguments against the practice are also prevalent within discourses surrounding international surrogacy arrangements. Many argue that the global market relationship created through the arrangement is exploitative and not always mutually beneficial. One of the major issues is the relationship between the Global North and Global South, with rich Westerners exploiting the vulnerable positions of women in less developed countries (Panitch, 2013, 274). Therefore, global commercial surrogacy is often viewed as perpetuating damaging relations of power involving class, race, and gender.