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19 - Giving In to Baby Markets

Published online by Cambridge University Press:  05 August 2012

Sonia Suter
Affiliation:
George Washington University
Michele Bratcher Goodwin
Affiliation:
University of Minnesota
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Summary

I come to the issue of baby markets with reservations. Drawing on a relational conception of autonomy and self-definition, I argue that commodification of reproductive material is intrinsically harmful. Moreover, such commodification poses a number of consequential harms. Nevertheless, in spite of these concerns, I “give in” to baby markets, which is to say I do not argue for the prohibition of these markets, but instead for their regulation and oversight. In other words, I am not willing to accept completely free and unfettered markets. I give in to baby markets in part because of the great impracticality of prohibiting markets given how well entrenched they are. In addition, although markets present risks, the risk–benefit calculus calls for allowing markets to exist, provided there is careful and serious regulation of such markets. Thus I take a pragmatic approach that suggests we should (reluctantly) accept baby markets as long as we offer measures to counteract the negative effects of commodification so that baby markets work equitably, safely, and in a way that protects the interests of all involved: seller, buyer, and future child. In a country with limited regulation of the reproductive industry, this may be a tall order.

In section A of this chapter, I use a relational theory of personhood to suggest that reproductive material can be relationally self-defining to varying degrees. The more self-defining such material is, the more intrinsically harmful it is to buy and sell it.

Type
Chapter
Information
Baby Markets
Money and the New Politics of Creating Families
, pp. 278 - 294
Publisher: Cambridge University Press
Print publication year: 2010

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References

Sandel, Michael J., What Money Can't Buy: The Moral Limits of Markets, 89 tanner lectures human values94–5 (1998)Google Scholar
Radin, Margaret J., Market Inalienability, 100 harv. l. rev. 1849 (1987)CrossRefGoogle Scholar
Rao, Radika, Property, Privacy, and the Human Body, 80 b.u. l. rev. 359, 458 (2000)Google ScholarPubMed
Suter, Sonia M., Disentangling Privacy from Property: Toward a Deeper Understanding of Genetic Privacy, 72 geo. wash. u. l. rev. 737, 772, 773 n.175 (2004)Google Scholar
Steinbock, Bonnie, Payment of Egg Donation and Surrogacy, 71 mount sinai j. med. 255, 255–6 (2004)Google ScholarPubMed
Andrews, Lori, Beyond Doctrinal Boundaries: A Legal Framework for Surrogate Motherhood, 81 va. l. rev. 2343, 2351 (1995)CrossRefGoogle Scholar
Cahn, Naomi & Singer, Jana, Adoption, Identity, and the Constitution: The Case for Opening Closed Records, 2 u. pa. j. const. l. 150, 176–7 (1999)Google Scholar
Carbone, June & Cahn, Naomi, Which Ties Bind? Redefining the Parent-Child Relationship in an Age of Genetic Certainty, 11 wm. & mary bill rts. j. 1011, 1024 (2003)Google Scholar
Hasday, Jill E., Intimacy and Economic Exchange, 119 harv. l. rev. 491 (2005)Google Scholar
Carbone, June & Gottheim, Page, Markets, Subsidies, Regulation, and Trust: Building Ethical Understandings into the Market for Fertility Services, 9 j. gender race & just. 509, 52 (2006)Google Scholar
Stock, Gregory, Eggs for Sale: How Much Is Too Much? 4 am. j. bioethics26, 27 (2001)CrossRefGoogle Scholar
Ertman, Martha, What's Wrong with a Parenthood Market? 82 n.c. l. rev. 1 (2003–4)
Suter, Sonia M., Giving In to Baby Markets: Regulation without Prohibition, 16 mich. j. gender & l. 169, 185 (2009)Google Scholar
Mahoney, Julia D., The Market for Human Tissue, 86 va. l. rev. 163, 213 (2002)CrossRefGoogle Scholar
Goodwin, Michele, Altruism's Limits: Law, Capacity, and Organ Commodification, 56 rutgers l. rev. 305 (2004)Google ScholarPubMed
Holland, Suzanne, Contested Commodities at Both Ends of Life: Buying and Selling Gametes, Embryos, and Body Tissues, 11 kennedy inst. ethics j. 263, 272 (2001)CrossRefGoogle ScholarPubMed
,Ethics Committee of the American Society for Reproductive Medicine, Financial Incentives in Recruitment of Oocyte Donors, 74 fertility & sterility216, 217 (2000)Google Scholar
Wilson, Molly J. W., Precommitment in Free-Market Procreation: Surrogacy, Commissioned Adoption, and Limits on Decision Making Capacity, 31 j. legis. 329, 341 (2005)Google Scholar
White, Patrick, Woman, 60, Gives Birth to Twins – and Ethics Debate, globe & mail, Feb. 6, 2009, at A1Google Scholar
Zarembo, Alanet al., Octuplet Doctor's Record Dubious, l.a. times, Feb. 10, 2009, at A1Google Scholar
Goodwin, Michele, Assisted Reproductive Technology and the Double Bind: The Illusory Choice of Motherhood, 9 j. gender race & just. 1, 21 (2005)Google Scholar
Sauer, Mark V., Egg Donor Solicitation: Problems Exist, but Do Abuses? 1 am. j. bioethics1, 2 (2001)CrossRefGoogle ScholarPubMed
Kalfoglou, Andrea L., Navigating Conflict of Interest in Oocyte Donation, 1 am. j. bioethics1a, 1a (2001)CrossRefGoogle ScholarPubMed
Jones, M., Donating Your Eggs, glamour, July 1996, at 170Google Scholar
Cook, Gareth, Ethical Questions Complicate the Recruitment of Egg Donors, boston globe, June 7, 2006, at A18Google Scholar
Mastroianni, Luigi, Risk Evaluation and Informed Consent for Ovum Donation: A Clinical Perspective, 1 am. j. bioethics28, 28 (2001)CrossRefGoogle ScholarPubMed
Mullen, Michelle A., What Oocyte Donors Aren't Told, bioethics, Dec. 2001, at 1cGoogle ScholarPubMed
Gurmankin, Andrea D., Risk Information Provided to Prospective Oocyte Donors in a Preliminary Phone Call, 1 am. j. bioethics3, 3 (2001)CrossRefGoogle Scholar
King, Jamie S. & Moulton, Benjamin W., Rethinking Informed Consent: The Case for Shared Decision-Making, 32 am. j. l. & med. 429, 444 (2006)CrossRefGoogle Scholar
,Ethics Committee of the American Society for Reproductive Medicine, Financial Incentives in Recruitment of Oocyte Donors, 74 fertility & sterility216, 218 (2000)Google Scholar
Katz, Jay, Informed Consent: Must It Remain a Fairy Tale? 10 j. contemp. health l. & pol'y69, 77–81 (1993)Google Scholar
Ouellette, Aliciaet al., Lessons from Across the Pond: Assisted Reproductive Technology in the United Kingdom and the United States, 31 am. j. l. & med. 419, 427 (2005)CrossRefGoogle ScholarPubMed
Hoffman, Jan, Egg Donations Meet a Need and Raise Ethical Questions, n.y. times, Jan. 8, 1996, at A1Google ScholarPubMed
Suter, Sonia M., The Routinization of Prenatal Testing, 28 am. j. l. & med. 233, 243 (2002)Google ScholarPubMed

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