Will Global Surrogacy Be Regulated?

Opening a conversation about the intersection between global surrogacy and trafficking requires that, regardless of the alarming practices outlined in previous articles (on India and on Guatemala), we must acknowledge that there are no internationally-accepted standards for regulating surrogacy practices. Among nations of the Global South, only India has sought to codify practices in the form of the Assisted Reproductive Technology (ART) [Regulation] Bill 2010, which is still in draft form. While this new law may work out some practicalities, realistically women in India will remain vulnerable to abuse.

In India, both women’s bodies and reproduction are constrained by the importance...