Underground Surrogacy Market
Surrogacy is legal in California. Typical users include male same-sex couples and older individuals who may have difficulty carrying a child. However, it is also a viable option for straight couples if the wife cannot take an extended leave from work. My friend is going for this option since his wife is running a Series A startup.
When I chatted with him, he and his wife were getting ready to meet their potential surrogate mom. The surrogate mom must have gone through a rigorous screening process where surrogacy agencies check her health and legal eligibility. As you might have guessed, it is still quite expensive, and he said he expects the total cost to be around $150,000. Costs vary depending on needs and preferences. For example, same-sex couples would need more money as they require sperm or egg donation.
This market functions well because it solves an incredibly painful problem of pregnancy for those who can afford to buy surrogacy, and it is profitable for both agencies and surrogates.
However, the high cost and high-margin nature of this business have spawned an underground market, with buyers are exploring cheaper alternatives like unqualified domestic surrogates (there is a Facebook group, according to my friend) or seeking overseas surrogate mothers at lower prices. Since the price is still high for sellers, they are still willing to work for buyers, and it’s attracting surrogacy agencies with high enough margins.
The underground market was already reported ten years ago in 2014 in China by the NYT. The featured Chinese surrogate mother in this documentary earned $24,000 as a surrogate mother, which is equivalent to 18 years of working as a farmer in her hometown. Last year, National Geographic also reported on the black surrogacy market, highlighting the profitable nature of the agency business and the desperate women who need money.
Policy change is necessary. Most countries and states haven’t legislated commercial surrogacy laws. Some countries have banned it. For example, the last month, the Italian parliament has made it illegal for couples to travel abroad for surrogacy, leaving no legal options domestically. This policy not only complicates family planning for LGBTQ couples but also raises concerns about the emergence of an underground market. In such a scenario, surrogate mothers may lack protection, putting the health of children at risk.
Some countries and states have allowed surrogacy, but it’s time for an update. We need to legalize and regulate surrogacy to make it a safe, ethical, and accessible way to create families. Legislation should be inclusive, meeting the diverse needs of LGBTQ+ couples, older folks, and single parents by choice, so everyone can start a family. It’s super important to protect surrogate mothers by ensuring fair pay, complete healthcare, and legal rights. Plus, we must prioritize the health and well-being of the kids born through surrogacy.