The different manifestations of violence against women and girls in the context of surrogacy 2/

 

Phenomenon A.

 Scale and trends

 6. The practice of surrogacy is on the rise worldwide, with a significant and growing proportion of arrangements involving cross-border dynamics: intended parents, often from wealthier countries, engage surrogates in jurisdictions where the practice is legally permitted. 10 In 2023, the global surrogacy market was valued at $14.95 billion and is projected to reach $99.75 billion by 2033. 11 Frequently, surrogate mothers receive only a small fraction of the overall compensation, with the majority of the payment going to intermediaries.12 Surrogates have reportedly received as little as 10–27.5 per cent of the total payment.13 Notably, there are incentives for those who refer a woman to a surrogacy agency. In some countries such as in the United States of America, a referring person can receive a bonus of between $1,000 and $5,000 on average.14 In India, it can be up to $100.15 

7. Except in the United States, surrogacy agencies are primarily involved in crossborder arrangements.16 Rising costs, longer waiting periods in traditional surrogacy destinations and increased regulatory restrictions, alongside crises and wars, have relaunched interest in identifying new destinations for surrogacy in Latin America. 17 With the inconsistency in legal and policy approaches, “forum shopping” emerges, whereby commissioning parents seek the least restrictive and least expensive locations to recruit surrogate mothers. 18 This reality is challenging the assumption that regulation is sufficient to prevent abuse in surrogacy arrangements.

10 A/HRC/37/60, para. 13. 

11 See https://www.sphericalinsights.com/reports/surrogacy-market. 

12 Submission by Japan Coalition Against Surrogacy Practices. 

13 See https://www.theguardian.com/world/2024/oct/22/surrogacy-ring-argentina; see also https://pmc.ncbi.nlm.nih.gov/articles/PMC9800153. 

14 See e.g. https://alceasurrogacy.com/surrogates/referral-program/. 

15 Sharvari Karandikar and others, “Economic necessity or noble cause? A qualitative study exploring motivations for gestational surrogacy in Gujarat, India”, Affilia: Journal of Women and Social Work, vol. 29, No. 2 (May 2014). 

16 Sam G. Everingham and Andrea Whittaker, “Trends in engagement in surrogacy by nationality 2018–2020: a survey of surrogacy agencies”, Global Reproductive Health, vol. 8, No. 1 (Spring 2023). 

17 Submission by the Human Rights Commission of Mexico City.

18 Submission by Coalition Against Trafficking in Women.