TY - JOUR
T1 - Commercial surrogacy in India
T2 - The presumption of adaptive preference formation, the possibility of autonomy and the persistence of exploitation
AU - Fellowes, Melanie G.
PY - 2017/12/1
Y1 - 2017/12/1
N2 - ndia’s proposed 2016 Bill on the regulation of surrogacy is its latest attempt to respond to criticism regarding the lack of protection given to those entering into a commercial surrogacy arrangement. Adaptive preference theorists presume that a decision made in an oppressive environment, which is inconsistent with the woman’s well-being, is not autonomous and that she is therefore exploited. This article challenges this presumption, arguing that some decisions may be suspected as adaptive preferences but they may nevertheless be autonomous. However, it is contended that even if the choice is autonomous, there may still be exploitation given the imbalance of bargaining power and the nature of the service. Rather than a blanket ban on commercial surrogacy, it would be better to reduce exploitative conditions by establishing adequate protection and safeguards for the commercial surrogate and others who are party to the arrangement.
AB - ndia’s proposed 2016 Bill on the regulation of surrogacy is its latest attempt to respond to criticism regarding the lack of protection given to those entering into a commercial surrogacy arrangement. Adaptive preference theorists presume that a decision made in an oppressive environment, which is inconsistent with the woman’s well-being, is not autonomous and that she is therefore exploited. This article challenges this presumption, arguing that some decisions may be suspected as adaptive preferences but they may nevertheless be autonomous. However, it is contended that even if the choice is autonomous, there may still be exploitation given the imbalance of bargaining power and the nature of the service. Rather than a blanket ban on commercial surrogacy, it would be better to reduce exploitative conditions by establishing adequate protection and safeguards for the commercial surrogate and others who are party to the arrangement.
KW - autonomy
KW - exploitation
KW - adaptive preference formation
KW - commercial
KW - surrogacy
KW - relational
UR - https://www.scopus.com/inward/record.uri?eid=2-s2.0-85044151180&doi=10.1177%2f0968533217735145&partnerID=40&md5=13b3479da66a3468f94f2237a1faca99
U2 - 10.1177/0968533217735145
DO - 10.1177/0968533217735145
M3 - Article
VL - 17
SP - 249
EP - 272
JO - Medical Law International
JF - Medical Law International
SN - 0968-5332
IS - 4
ER -