Reproductive Labor or Trafficking: The Effect of Disparate Power on Consent in Transnational Surrogacy Agreements

Authors: 
Title: 
Reproductive Labor or Trafficking: The Effect of Disparate Power on Consent in Transnational Surrogacy Agreements
Journal Citation: 
25 JOURNAL OF TRANSNATIONAL LAW AND POLICY 155-172 (2015-2016)

This article focuses on the shortcomings of domestic & international law with respect to the human rights implicated in commercial transnational surrogacy, particularly within India. Part I of the article discusses the plight of Alaja, a young transnational surrogate who is maneuvering within a legal environment ripe for human trafficking violations. Part II of the article discusses the inadequacy of domestic surrogacy laws to protect surrogates in those nations in which surrogacy is most prevalent. Part III addresses how human trafficking, specifically labor trafficking, is often implicated in transnational surrogacy agreements. Part IV delves further into this issue by analyzing the operation of disparate power relations within existing labor trafficking case law. Finally, Part V applies the same power disparity analysis to the socioeconomic inequality often present in transnational surrogacy agreements. The article concludes its findings to suggest that such disparate socio-economic power should subject these commercial agreements to human trafficking regulation.