From Intercountry Adoption to Global Surrogacy : A Human Rights History and New Fertility Frontiers

Intercountry adoption has undergone a radical decline since 2004 when it reached a peak of approximately 45,000 children adopted globally. Its practice had been linked to conflict, poverty, gender inequality, and claims of human trafficking, ultimately leading to the establishment of the Hague Convention on Intercountry Adoption (HCIA). This international private law along with the Convention on the Rights of the Child affirm the best interests of the child as paramount in making decisions on behalf of children and families with obligations specifically oriented to safeguards in adoption practices. In 2004, as intercountry adoption peaked and then began a dramatic decline, commercial global surrogacy contracts began to take off in India. Global surrogacy gained in popularity owing, in part, to improved assisted reproductive technology methods, the ease with which people can make global surrogacy arrangements, and same-sex couples seeking the option to have their own genetically-related children. Yet regulation remains an issue, so much so that the Hague Conference on Private International Law has undertaken research and assessed the many dilemmas as an expert group considers drafting a new law, with some similarities to the HCIA and a strong emphasis on parentage. This ground-breaking book presents a detailed history and applies policy and human rights issues with an emphasis on the best interests of the child within intercountry adoption and the new conceptions of protection necessary in global surrogacy. To meet this end, voices of surrogate mothers in the US and India ground discourse as authors consider the human rights concerns and policy implications. For both intercountry adoption and global surrogacy, the complexity of the social context anchors the discourse inclusive of the intersections of poverty and privilege. This examination of the inevitable problems is presented at a time in which the pathways to global surrogacy appear to be shifting as the Supreme Court of India weighs in on the future of the industry there while Thailand, Cambodia and other countries have banned the practice all together. There is speculation that countries in Africa and possibly Central America appear poised to pick up the multi-million dollar industry as the demand for healthy infants continues on. Endorsement -- Half Title -- Title Page -- Copyright Page -- Dedication -- Contents -- List of figures -- List of tables -- Notes on the authors -- Preface -- 1 Rescue, refugees, orphans, and restitution -- Early beginnings of intercountry adoption: missionaries and war -- Race and transracial adoptions: controversies and change -- World War II as a turning point and a conception of refugee children -- Eleanor Roosevelt steps in to help rescue the children of war -- South Korea: over time the most significant country of origin -- A watershed moment in history: the Vietnam Babylift -- Latin America: civil conflict and tough economic times -- China's one-child policy -- Cambodia: a legal case study of child sales and "laundering"--Child "rescue" in the face of disaster: Haiti's earthquake -- A closer look: sanctioned government intervention in Haiti and the case of the United States -- Restitution as an attempt to recognize and restore human rights -- The Samoan Islands: probation and financial restitution -- Ireland: the Magdalene Laundries and restitution -- Spain: a shift from being a country of origin to a top receiving country -- In conclusion -- Notes -- References -- 2 The politics of adoption from Romania to Russia and what we know about children languishing in residential care facilities -- Stalinist Policy: the case of Romania -- Russia: large-scale institutions, scandal, and significant shifts in adoption policy -- Looking back to understand the moratorium: four cases of Russian adoptees -- Adoption dissolution: mental illness, rehoming, and Russian outrage -- Child-development research evidence and institutional childcare -- Conclusion -- Notes -- References -- 3 Poverty, birth families, legal, and social protection -- What we know about birth mothers in the United States -- Marshall Islands -- Tamil region of India -- South Africa Guatemalan adoptions today: reform and a new adoption system -- Conclusion -- Notes -- References -- 5 Child-protection systems of care to ensure child rights in family support and adoption: India and the United States -- Different countries: different contexts and constraints in care systems -- India and the United States as two case examples -- Riddled with scandals: India's intercountry adoption system -- Missing and abducted children: recent improvements in India -- Other important initiatives in child protection to support families -- The United States and its unique country dynamics as a country of origin -- The United States and for-profit intercountry adoption activities -- Differences in the US system after Hague Convention on Intercountry Adoption implementation -- Fair and impartial judicial processes mindful of the principle of subsidiarity -- Conclusion -- Notes -- References -- 6 "Sins of the saviors": Africa as the final frontier -- Guidelines: a response to an exponential rise in intercountry adoption in the region -- Ethiopia: the first aggressive push into Africa -- Slowing down adoptions from Ethiopia because of fraud -- Problems in Ethiopian adoptions -- Malawi: the celebrity effect without growth in intercountry adoptions -- Liberia and the Evangelical movement of children -- Uganda: the rise of the residential care institution in parallel with intercountry adoption -- Democratic Republic of Congo: is exit possible? -- From controversy of illicit activities on the continent of Africa to the rehoming controversy in the United States -- Minimal influence of the Hague Convention on Intercountry Adoption in Africa and the case of Kenya -- Conclusion -- Notes -- References -- 7 From intercountry adoption to commercial global surrogacy -- A recent scandal and the intersection of surrogacy and adoption with global dimensions Ethically complicated practices lead to the practice of commercial surrogacy being banned in Canada and many European countries -- The case of Thailand: regulation and country closure -- Risks of low-resource countries in commercial global surrogacy -- Commercial surrogacy arrangements and multi-fetal pregnancy reductions -- Child rights and statelessness -- Similarities, differences, and parallels between intercountry adoption and commercial global surrogacy -- Conclusion: research we have undertaken -- Notes -- References -- 8 Voices of US surrogates: A content analysis of blogs by US gestational surrogates -- Surrogacy in the United States -- Research on surrogates -- Public expressions of surrogate experiences -- Pride in surrogacy work -- Identification and membership as a surrogate -- Commitment to surrogacy education and advocacy -- Emphasis on the child not being the surrogate's baby -- Importance of the relationship with the commissioning parents -- Little discussion of payment -- Conclusion -- References -- 9 Perspectives of Indian women who have completed a global surrogacy contract -- Human rights of women involved in commercial global surrogacy -- Surrogacy as "work"--Evidence: Indian surrogate mothers and their views on "work"--In their own voices: interviews with Indian surrogates -- Economic status of Indian surrogates and motivation for surrogacy -- Medical issues -- Emotional connections -- Cost-benefit analysis -- Research generalizability -- New policy changes in India -- Conclusion -- Notes -- References -- 10 The future of intercountry adoption, global surrogacy, and new frontiers -- The high cost of an ethical adoption -- A compelling argument and the flaw -- Globally: how do we intervene ethically? -- Preventing institutionalization and the movement towards deinstitutionalization of children Protections: international private law -- The Hague Convention on Intercountry Adoption -- The vision of those who developed the Hague Convention on Intercountry Adoption -- A closer look at key elements for implementation of the Hague Convention on Intercountry Adoption -- Hague Convention intersections with the Convention on the Rights of the Child -- Note -- References -- 4 Guatemala: Violence against women and force, fraud, and coercion, including child abduction into adoption and a new system emerging -- International pressure in the popular press for women and children's rights -- Context of violence against women: impunity and femicide defined -- Confronting illicit adoptions: pressure from human rights organizations -- How such abuses persist: a corrupt system of intercountry adoption -- A human rights catastrophe -- Understanding Guatemala's historical context: extreme human rights abuses and genocide during the Civil War -- Research on illegal adoptions from Guatemala -- Organized crime and international human-trafficking law -- Human-trafficking dynamics found in child abduction for adoption: force, fraud, and coercion -- Force: abduction for child trafficking into adoption -- Fraud and the context of poverty and inequality: women face so-called "professionals"--Consent and entrapment of birth mothers in Guatemalan adoptions -- The money trap -- Advocacy in Guatemala: an outspoken and famous human rights defender and others weigh in -- In solidarity: a US citizen joins in protest -- Application of the best interests of the child to the child-abduction cases -- The case of Loyda Rodriguez and a failure to return an abducted daughter -- US adoption agencies and their role in the adoption marketplace -- As adoptions ended in Guatemala: one loss was to same-sex couples and single individuals Intercountry adoption has undergone a radical decline since 2004 when it reached a peak of approximately 45,000 children adopted globally. Its practice had been linked to conflict, poverty, gender inequality, and claims of human trafficking, ultimately leading to the establishment of the Hague Convention on Intercountry Adoption (HCIA). This international private law along with the Convention on the Rights of the Child affirm the best interests of the child as paramount in making decisions on behalf of children and families with obligations specifically oriented to safeguards in adoption practices. In 2004, as intercountry adoption peaked and then began a dramatic decline, commercial global surrogacy contracts began to take off in India. Global surrogacy gained in popularity owing to improved assisted reproductive technology methods, the ease with which people can make global surrogacy arrangements, and same-sex couples seeking the option to have their own genetically related children. Yet regulation remains an issue, so much so that the Hague Conference on Private International Law has undertaken research and assessed the many dilemmas as an expert group considers drafting a new law, with some similarities to the HCIA and a strong emphasis on parentage. This ground-breaking book presents a detailed history and applies policy and human rights issues with an emphasis on the best interests of the child within intercountry adoption and the new conceptions of protection necessary in global surrogacy. To meet this end, voices of surrogate mothers in the US and India ground discourse as authors consider the human rights concerns and policy implications.--Backcover List of Figures and Tables Notes on the Authors Preface 1. Rescue, Refugees, Orphans and Rescue 2. The Politics of Adoption From Romania to Russia and What we Know About Children Languishing in Residential Care Facilities 3. Poverty, Birth Families, Legal and Social Protections 4. Guatemala: Violence Against Women and Force, Fraud, and Coercion, Including Child Abduction Into Adoption and A New System Emerging 5. Child Protection Systems of Care to Ensure Child Rights in Family Support and Adoption: India and the United States 6. Sins of the Saviors: Africa as the Final Frontier 7. From Intercountry Adoption to Commercial Global Surrogacy 8. Voices of U.S. Surrogates: A Content Analysis of Blogs by U.S. Gestational Surrogates 9. Perspectives of Indian Women Who Have Completed a Global Surrogacy Contract with coauthor Lopamudra Goswami 10. The Future of Intercountry Adoption, Global Surrogacy, and New Frontiers Author Index Subject Index Karen Smith Rotabi and Nicole F. Bromfield. Includes bibliographical references and index. 1. Rescue, refugees, orphans, and restitution -- 2. The politics of adoption from Romania to Russia and what we know about children languishing in residential care facilities -- 3. Poverty, birth families, legal, and social protection -- 4. Guatemala : violence against women and force, fraud, and coercion, including child abduction into adoption and a new system emerging -- 5. Child-protection systems of care to ensure child rights in family support and adoption : India and the United States -- 6. "Sins of the saviors" : Africa as the final frontier -- 7. From intercountry adoption to commercial global surrogacy -- 8. Voices of US surrogates : a content analysis of blogs by US gestational surrogates Poverty and intercountry adoption -- Poverty: turning to commercial global surrogacy in India -- Child rights in commercial global surrogacy -- Our recommendations for protecting surrogates -- Responding to the human rights issues: a convention on global surrogacy or parentage? -- Protections and the limits of regulating practices -- The future of intercountry adoption and commercial global surrogacy -- Emerging technologies to address infertility and family building -- Constructing life with technology -- Conclusion -- References -- Index