Adoption and surrogacy

Week 23Sociology of Human Reproduction

Recap

• Considered at the social construction of families and motherhood

• Considered the concepts of ‘good motherhood’ and ‘un/respectable’ users of contraception

• Considered the debates around ARTs and prenatal screening and disability

Outline

• Examine the history of adoption and its relationship to the ‘family’

• Examine the context of adoption today

• Examine the meanings of surrogacy

Early adoption

• The transferring of children between families has a long history

• Some due to economic factors, others due to high rates of mortality

• The types of adoption have changed in

relation to understanding about ‘family’ and inheritance

Early adoption

• Infertile couples in Ancient Greece and Rome would adopt ‘heirs’

• Europe in the middle–ages rejected adopting ‘heirs’, but wealthier families would ‘take-in’ children to use as servants or labourers

• Families would also care for orphanedrelatives

• Most of these arrangements were made through informal ties

Early adoption

• In the 19th century, these informal arrangements began to be codified in law

• Also saw rise in urban orphans

with no family or connections

• Foundling hospitals and workhouses began to be overwhelmed

19th Century dilemma

• Increase in the number of children needing homes

• Decline in adoptionas a solution

• The available children were not of the right ‘stock’ and therefore unsuitable for ‘good’ middle-class homes

• What do these changes in adoption tell as about different understandings of ‘family’?

20th century changes

• During the 20th increasing numbers of children were born outside marriage

• The ideal of the nuclear family meant that infertility was a social problem

• As ideas of ‘bad blood’ declined adoption became to be seen as the solution

20th century changes

• 1960s proved to be the peak of adoption in the UK and US

• Developments in contraceptive

technologies reduced numbers

of pregnancies

• Declining social stigma of unwed mothers led to a sharp decline in children available for adoption

20th century changes

• Also during this time, potential parents began to be the subject of scrutiny

• ‘Good’ parents needed to conform to middle-class ideals (if not income)

• Single, cohabiting, gay and lesbian potential parents have only recently been considered.

UK adoption today

• In the UK today there are 4 main areas of adoption:– Adoption of step-children– Babies and children with disabilities – Children who have been removed from their

families– Babies and young children from overseas

Overseas adoption

• Adoption of babies and/or young children from overseas has grown significantly

• Large numbers of children are living in desperate poverty and/or unsuitable orphanages

• Adoption by western parents may give children access to better health,

housing and education

Buying babies?

• Opponents of overseas adoption understand it as ‘buying babies’– Prices reflect the perceived desirability

• Money should be invested in improving conditions for all children

• The trade exists because of the desperate poverty created by the west.

• Is overseas adoption a benevolent move uniting the desperate-to-be parents with children in need?

• Or is it a form of exploitation whereby the rich developed world benefits from the poverty of the developing nations?

Surrogacy

• Like adoption, surrogacy has a long history but rarely openly discussed

• During late 20th century surrogacy became a public matter through custody cases

• Began to be linked to the rise of ARTs

Types of surrogacy

• Traditional Surrogacy– The mother is both a biological parent and the

carrying mother.

• Gestational Surrogacy– The carrying mother is not biologically

related to the foetus

• Altruistic surrogacy– The surrogacy as a kind gesture

• Commercial surrogacy – A contract for money (technically illegal in the UK)

• Why do we call women who have children for other people ‘surrogate mothers’?

• What does this name tell you about their status?

Baby M

• In 1986, Mary Beth Whitehead gave birth to Sara following artificial insemination

• She had agreed a contract with William Stern – $10,000 plus medical expenses

• Mary Beth changed her mind, and told Stern he could keep his money.

• At 5 weeks old a court ordered her to give up Sara to William and Elizabeth Stern– Sara became Melissa

Baby M

• The Judge decided that the case was a custody case, rather than a surrogacy case.

• William Stern had a right to the baby as a biological father.

• Mary Beth was deemed an unfit mother – her other children were never taken into care.

• Later the court of appeal overruled this decision, reinstating Mary Beth as the baby's legal mother

• But decided it was in Melissa’s best interest to say with the Sterns

Baby Johnson

• In 1990, Anna Johnson, a Black mother, gave birth to a white baby boy following gestational surrogacy contract

• Anna argued that had she bonded with the foetus and that the Calverts had breached the surrogacy contract.

• In court, Anna too was portrayed as an unfit mother. – It was also claimed in court, that Anna wanted to keep the baby

because it was white.

• The court found that the intention to become pregnant and the genetic link were the most important issues.

• What do you think about the decisions in these 2 cases?

• What should be thought about when deciding the outcome?

Class and racial politics

• Both cases they were poor women with other children to support

• Life with them was judged as undesirable– in contrast to the middle-class homes

• They were not 'unfit' mothers, but just not good enough given the alternatives

– white, middle-class parenthood

Class and racial politics

• Despite poverty, having a child for money meant they were ‘unnatural’ mothers

• Yet the need to ‘buy’ and parent a genetically-related child was 'natural'.

• So ideas about ‘good motherhood’ are deemed to be more important than a biological relationship

Surrogacy in the UK

• In the UK, commercial surrogacy is outlawed. • It is a crime to arrange or advertise a surrogacy

contract • Birth mother is the legal mother, until she

relinquishes that role• Transfer arrangements to move parental

responsibility from a surrogate mother to commissioning parents are possible– Parental Orders (Human Fertilisation and

Embryology) Regulations 1994

Surrogacy in the US

• Growing industry connected to ARTs

• Runs alongside trade in human eggs

• Prices linked to type of surrogacy and ‘desirability’ of the woman– College educated

get more money

Dilemmas of surrogacy

• Many surrogate mothers feel a sense of achievement

• Some women go through the surrogate process time and time again

• They also benefit from the money and/or expenses

• They assist people to have a child of their own

Dilemmas of surrogacy

• Surrogates take on the health risks associated with ARTs and/or pregnancy

• Exploitation of poor women by the rich– Few surrogates would exist without the financial

incentive

• Growing international trade much less regulated thanadoption

Summary

• Adoption has changed over time in relation to ideas about hereditary and ‘good’ families

• Adoption and Surrogacy can be understood as benevolent or exploitative practices

• The ‘market’ in children in rapidly expanding