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Lecture 18: Understanding surrogacy and its politics

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0:04[music]

0:09[music]

0:17Hello everyone. I welcome you once again

0:19to this course introduction to medical

0:21humanities. This is lecture 18. At this

0:24point of time, I think it is important

0:26that I mention that this is going to be

0:29part one of a lecture on understanding

0:33surrogacy and its politics. So because

0:36it deals with many issues, I have

0:38divided the lecture into two parts. Now

0:41when we think of surrogacy why is it

0:44important to be discussed in the context

0:46of India or why is it important to be

0:50discussed in the context of medical

0:53humanities. Now most of the countries

0:56across the world celebrate the idea of

0:59fertility.

1:01What does this mean? that anyone who is

1:05outside the ambit of this fertility

1:08sphere is an anomaly and therefore

1:11surrogacy works as a substitute or as a

1:15kind of uh an alternative for women who

1:18want to bear a child. Now going ahead I

1:22will quickly give you a lecture overview

1:24of this particular part. We begin with

1:26conceptual foundations of surrogacy

1:29followed by legal and regulatory

1:31provisions. We take the example of Mimi

1:34and introduce the concept of

1:36reproductive justice and talk about

1:38feminist biopolitics and how we address

1:43or we take up the issue of reproductive

1:45justice within the course of

1:47reproductive technology.

1:49Now um if you look at the ethmology of

1:52the word surrogacy, it comes from the

1:54Latin word surrogatus which means

1:57substitute. Now in the word itself you

2:01will find that it means a kind of an

2:05alternative a substitute for someone.

2:09Now in the context of surrogaci you know

2:12that it is a kind of assisted

2:15reproduction in which intended parents

2:18cannot bear a child and therefore they

2:21in very contemporary times you can say

2:23outsource uh the labor to somebody else.

2:27It is primarily a transactional deal

2:30most of the times if it is commercial.

2:32But then we also find altruistic

2:35surrogacy very much in practice. Now

2:37based on the gastational uh surrogacy we

2:40come across two kinds of prevalent or

2:43prominent surrogacy patterns. One is the

2:46altruistic one and the other one is

2:49commercial surrogacy. If you look at

2:51your screen, you will find that

2:52altruistic surrogacy discusses or

2:56altruistic surrogacy is not for

2:58commercial gains and is moralistic in

3:01essence whereas commercial surrogacy has

3:04a monetary compensation and it's a

3:06business transaction.

3:08So as an alternative when we think of

3:11surrogacy as a commercial aspect we know

3:15that there is some amount of transaction

3:18being done but altruistic is basically

3:22for helping the couple in most of the

3:25cases uh who are not having children to

3:29have their child. So you know it it has

3:31a very moral kind of an essence to it.

3:34That is how you differentiate between

3:36the commercial and the altruistic

3:38surrogacy. Moving forward these kind of

3:42arrangements if you look at will mostly

3:45need legal backing. Now why is it so?

3:47Because it involves different other

3:49kinds of uh aspects. When somebody is

3:51your child, it it involves uh looking

3:54after the child, property rights,

3:57nurturing, so many other aspects come

4:00into being. Therefore, there are very

4:02important laws that are in practice. So,

4:05if you look at the surrogacy laws in

4:07India, if you can see on your screen,

4:10before 2002, there were no formal

4:12guidelines.

4:14So if you ask maybe somebody in your

4:17family very elderly they will tell you

4:19about how surrogacy patterns happened.

4:22It was mostly within family where a

4:25couple who was not having any child

4:27there was somebody in the family itself

4:30who would bear a child for them and give

4:32it to them. That is how mostly the

4:34arrangement worked and there are many

4:36examples you can see around that and uh

4:39you will find the reflection of it also

4:42in the literary and filmic texts.

4:46However, during 2002 to 2005 you find

4:50that ICMR and Ministry of Health

4:53approved art guidelines and commercial

4:56surrogacy became

4:59possible in the context of India. Now

5:01altruistic surrogacy you must also

5:03understand had a lot of problem because

5:06it was within family uh there were not

5:09just family issues but there were also

5:11medical is issues related to that. So

5:13that became a little bit of problem and

5:15hence a clear guideline came in uh 2002

5:19to 2005 about commercial surrogacy being

5:22allowed where people could kind of uh

5:25hire a surrogate and uh have a child.

5:30But there are two cases which are very

5:33prominent which became very

5:34controversial. The case of baby mangi

5:37and jalbalas which I will discuss in the

5:40next uh part uh they became very

5:42high-profile cases and exposed ethical

5:46loopholes. Now at this point of time you

5:50must understand that the entire space of

5:53commercial surrogacy had become a little

5:56murkier. Now why it became murkier?

5:58Because of the economic disparities in

6:01in Indian context. There were many women

6:04who were bearing the child again and

6:06again. Uh there were brokers who were

6:09giving them less money and maybe uh uh

6:12you know getting more money. The

6:13hospitals and clinics were making more

6:15money out of it. Sometimes when the

6:18anomaly scan showed uh a baby with some

6:20defect the couple the commissioning

6:22parent would run away. So there were

6:24many things happening and that is the

6:26reason in 2021 2022 we had this

6:30surrogacy regulation act that banned all

6:33kinds of commercial arrangements in the

6:36context of India. At that point of time

6:38there are several researchers that will

6:40tell you that India had became a tourism

6:44I mean a kind of a reproductive tourism

6:47country where there was immense amount

6:50of commercial surrogacy happening

6:53especially some parts of India became

6:55rife with such cases. So no uh wonder

7:00that law had to intervene because they

7:02realized that it was a very uh crucial

7:05space of exploitation and hence we find

7:08the surrogacy regulation act 2021 come

7:10into place and banning commercial

7:13surrogacy and only altruistic surrogacy

7:15is now legally possible in the context

7:18of India. Moving forward then what is

7:22possible in surrogacy regulation act

7:252021?

7:26uh you see that there is a clear-cut

7:30criteria maintained for who is eligible

7:33surrogate and who uh who will be the

7:36commissioning parents. So in in the

7:40context of surrogates the age limit came

7:44first and also the marital status. So in

7:48terms of age they could be somewhere

7:50between 25 to 35 on your screen

7:53everybody [snorts] and they have to be

7:55married. So this was an important

7:58criteria followed by another important

8:01criteria in which you could only become

8:04a surrogate if you had your own child as

8:07well. So that was another point that was

8:10considered to be important because you

8:13know if you do not have your own

8:14children then maybe it becomes a problem

8:17later on what if you claim some kind of

8:19ownership so I mean law decided that no

8:23it is not going to be like that they

8:24must at least have one child and only

8:26then they can bear somebody else's child

8:28as a surrogate

8:31also important was the

8:33how many times they can bear a child so

8:36that also So the law decided it said

8:39only once in a lifetime. So it's not

8:42like your body could become a machine of

8:45producing babies. Uh you had only one

8:48chance even as an altruistic surrogacy

8:51practitioner. You only had one chance to

8:55bear somebody else's child as a

8:56surrogate. [snorts] And fourth and most

8:59important you had to be medically and

9:03psychologically fit. Now you must note

9:07at this point of time that mental health

9:09care act came in 2017 and with the

9:12global health guidelines mental health

9:15is something that you will always find

9:17mention of in most of the acts that have

9:19come later on clearly emphasizing the

9:22fact that health is not just physical it

9:26is also mental. What was the criteria

9:29for eligible intending parents? they

9:32must prove medical infertility.

9:35I mean they had to clearly indicate

9:38through certificate uh that they could

9:41not bear the child. So that was the

9:43first criteria that was uh decided. The

9:47second one was around married Indian

9:50couples or widows or divorces.

9:54very clear-cut idea around the

9:57institution which supported

10:00them to hire a surrogate. So as a family

10:05you should have at least you should have

10:08been married either or you should be a

10:11divorcee or a widow. So you know those

10:14kind of very clear-cut guidelines were

10:16laid out and the age was also decided 35

10:19to 45. So you see the intending parents

10:23could be 35 to 45 whereas the surrogate

10:26could be 25 to 35. The 2024 amendment

10:31also has happened in which donor gamuts

10:35allowed if a medical board certifies a

10:37partner's medical request required. So

10:40even other amendments were made and what

10:43primarily this act did was it said no to

10:47commercialization,

10:49sex selection, embryo trade and any kind

10:52of exploitation. So that was a big no

10:56no. So in that sense surrogacy

10:58regulation act 2021 is a very

11:01revolutionary change in the space of

11:04infertility treatment in Indian context.

11:08Moving further, we discuss a little

11:11later a film called Mimi uh which came

11:14around the same time. But you at this

11:17point of time what I want to highlight

11:19is the fact that

11:21there is law and I have discussed it

11:24earlier also but the implementation of

11:27the law has to take place in society.

11:30there has to be a kind of a balance that

11:32gets struck between society and the law

11:35because it is ultimately the society

11:37where the implementation is taking

11:39place. So that is very well reflected in

11:44this particular film. If you look at the

11:46film, the film basically focuses on Mimi

11:50who is a surrogate. Now the intending

11:54parents are a couple from the west and

11:58it clearly shows the

12:02asymmetry between global north and

12:05global south cultures.

12:07It also discusses how

12:11the interest of mimi in this case is

12:14purely driven by the financial

12:18transaction that is going to happen.

12:23But when you see the entire film, the

12:26way Mimi's journey is happening

12:30throughout the film, you notice that

12:33basically it's a story

12:36to go beyond to see surrogacy beyond the

12:40glittery aspect and what is in the film

12:44considered to be once in a lifetime

12:46opportunity.

12:47The film explores very emotional and

12:50deeper side of being a surrogate and the

12:53entire process in which surrogacy works.

12:58Additionally, while the system views

13:01surrogates as womb for rent, a very

13:03common term used in surrogacy which is

13:06called womb for rent. The voices and the

13:10ambitions reveal intricate histories of

13:13women and families seeking to enter the

13:16global market on the most favorable

13:18terms imagined. So there is a clear-cut

13:23bargain. You will see even in this film

13:25how it happens in uh for Mimi where she

13:30basically

13:31goes on to become a surrogate because

13:34she's an aspiring actress. She's in a

13:36small town in Bikananeer but she wants

13:38to go and uh pursue her career in

13:41Bombay. Clearly indicating now that many

13:46times you know law makes some kind of

13:49rules which are important but they are

13:52policy decisions indeed but it is

13:55through films you feel those issues the

14:00gaps somewhere which is between the

14:03implementation and making of the law.

14:06The films make you realize that and Mimi

14:08is one such good example. Let me go

14:12ahead in a little detail of what you see

14:15on your screen. There are three

14:16prominent characters. Now in the

14:18surrogacy pattern, I told you there are

14:21commissioning parents which is intended

14:23parents and there is a surrogate. But

14:26then there is also another person which

14:28is important which is the broker. Like

14:31most of the clinics or hospitals do not

14:35deal with surrogates directly. The

14:38hiring process takes place through a

14:40broker. In this case, you will find

14:44Bhanu Bankraati as the broker. And if

14:47you look at some of the some of the

14:49details that I mentioned on your screen,

14:52you will find that Mimi is the womb. The

14:56womb that is going to be rented. Bhanu

14:59is going is the broker. He is going to

15:03hire a womb for whom? John and Summer

15:08who are the commissioning parents. Now

15:10once these three parties are clear in

15:12your mind, how do we go about? We talk a

15:16little bit about them. So Mimi is a

15:19dancer in Bikan and she's seeking funds

15:21for Bollywood aspirations. She wants to

15:24become an actor. There is no money.

15:27Bhanu's job is that he's a driver turned

15:29mediator who identifies the asset and

15:32negotiates the contract. So Mimi is an

15:35asset. A womb for rent is an asset. So

15:38he does that. And John and Summer who

15:41are an American commissioning couple

15:44seeking a womb that they can outsource

15:47to get a baby. Now once the film opens

15:51you find that it is a very normal

15:53conversation happening. So it kind of

15:55normalizes surrogacy in that sense and

15:59Banu meets Mimi. He thinks that she's

16:02quite capable of becoming a surrogate

16:05and therefore he proposes that to her.

16:08Now how does that transaction happen?

16:10How does that conversation happen? That

16:12is also very interesting.

16:14Now uh again both of them are discussing

16:19and uh if you look at some of the

16:21dialogues here the

16:25last one we will begin with h I mean the

16:28time when Mimi is convinced of becoming

16:31a surrogate she says I am already 25

16:34years old if I wait any longer they'll

16:38ask me to play a mother myself I need to

16:41become a mother now to avoid playing one

16:44on screen. So you see the kind of

16:46desperation

16:48uh there is. It's like I have got an

16:50opportunity and uh I am already 25 years

16:54old. I must rush take this opportunity

16:56and go become uh an actress which is my

16:59ambition. Before that what happens is

17:02that Bhanu who is the broker he

17:06discusses this opportunity with her and

17:09says that you have to take this

17:12opportunity as a lifetime opportunity

17:15because it it will provide you the

17:17required amount of money that you are

17:20willing to have to go to Bombay. Now

17:24Mimi is very convinced around this idea

17:27because she's in desperate need of that

17:29money. What does this mean? This means

17:32that commercial surrogacy or what you

17:36call the reproductive tourism actually

17:38is a very tempting offer because for

17:41many people who are living in these

17:44vulnerable spaces

17:46it's it promises a lot of money and

17:50therefore

17:52this opportunity for Mimi too becomes a

17:55no exception.

17:59See this metaphor here. So when Bhanu is

18:03explaining now Mimi is very surprised as

18:05to what has happened u if I become I

18:09don't have to marry I don't have to uh

18:11do anything what is it that will happen

18:13so he explains now the explaining

18:17is also very Indiaentric so and the

18:21metaphor Bhanu chooses also is very

18:23appropriate here because in India

18:25agriculture is known to everybody and

18:27that is why he uses a very agrarian kind

18:30of a metaphor.

18:31He uses kith which is farm, bead which

18:35is seed, gara which is sugar cane. Now

18:38what does he say? He says that you mimi

18:42are like a barren land.

18:45So somebody will lease your farm

18:50and the foreign embryo will be planted

18:54with manure. So that is how he explains

18:58and then he says the product will be a

19:00sugar cane. So the baby becomes the

19:02product. So when Bhanu explains

19:05surrogacy through agrarian metaphors

19:08which is kith beach and ga stating that

19:12summer's land is barren so she will

19:14lease her farm and once the seed is

19:17planted mimi must hand over the sugar

19:19cane your womb their child. That is what

19:23Bhanu explains. So what it does in the

19:26film is that it turns

19:29Mimi's womb into an infrastructure

19:33and in infrastructure for commissioning

19:35parents which can be leased, monitored

19:39and harvested through a service

19:41contract. So you see that this

19:44transaction that is happening in Mimi is

19:47not new. It is one of the instances.

19:50However,

19:52even something that looks like a choice

19:54Mimi makes, feminists like Bradoti and

19:58all have claimed that these reproductive

20:02technologies reinforce an ultra

20:05heterosexual understanding of the

20:07nuclear family. What does this mean?

20:10that within the

20:14space of even commercial surrogacy they

20:17turn this into logistics and motherhood

20:21into deliverables.

20:23So it's very problematic

20:25because

20:27this whole concept is only for

20:29heterosexual couples. That is what is

20:32also discussed in the law. And if you

20:35look at the scene that is on your screen

20:37right now. So she asks someone uh she

20:40asks Bhanu uh so I won't have to sleep

20:42with anyone. So he says no. So very

20:45clear-cut idea of what surrogaces is to

20:48be like is in her mind till what we

20:52discuss later on happens.

20:56I will at this point of time discuss

20:58some of the feminist debates on

20:59reproductive technologies because

21:02usually with technology we think that

21:05technology is very liberating.

21:07Technology assists but technology can

21:11also be

21:13a tool for subversion. That is a point

21:17this film tries to make. But before that

21:19let us take what Schulamit Pstone talks

21:22about technology. She says it is a kind

21:25of reproductive enslavement advocating

21:28the seizure of the control of human

21:32fertility through artificial wombs and

21:34even bottled babies.

21:38Now while technology came up to address

21:43the issue of fertility and it is

21:46primarily to help the parents who do not

21:51have children to have a child.

21:54The process in which

21:57commercial wombs are hired becomes

22:03political in the sense that there is a

22:06control that is exercised on the woman's

22:09body. In the bio capitalist medical

22:13industry, wombs then become equivalent

22:17to hatcheries, plumbing or rented

22:20property. So if you trace this with the

22:22law, the fact that one can only become a

22:25surrogate once is because of this

22:29phenomena. Women treat themselves as

22:34you know hatchery go on producing babies

22:37and sometimes there is also a kind of a

22:40coercion that can happen there. So it's

22:42not important that every time they are

22:44making a choice even the vulnerability

22:49economic vulnerability leading to making

22:51that choice is a kind of compulsion that

22:54is happening something that bio

22:56capitalis model does not realize. Now

23:00womb is also seen as an incubator and is

23:03alienated from the women. Uh so

23:08when you rent a womb it's said that it's

23:11independent of the person

23:14and it has a very strong detach value to

23:18it and that is probably ren rendering

23:21zero value to her moral or physical

23:24well-being. So uh I mean uh there are

23:27quite a few novels that talk about

23:29surrogate experience in which they say

23:31that once they were pregnant with their

23:34own child probably they did not get any

23:37uh sufficient well-nourished food or

23:40fruits or anything else. But what

23:43happens now when they are surrogates

23:45they are treat taken to doctors every

23:48month or um whenever they need medical

23:51checkup is happening their health is

23:53monitored. So you know they even that

23:57kind of creates a space in which they

23:59realize that the economic space that

24:03childbearing also has an economic value

24:06to it. So Damita Pandi talks about it uh

24:09in great detail. Finally we discussed

24:11Sara Franklin who expressed that

24:14unrestricted access to use of RT would

24:16result in the exploitation of breeder

24:18women and the poorer countries would

24:20become reproductive brothel. So again if

24:23the commercial surrogacy is rampant uh

24:27what it is doing primarily is that it is

24:29catering to the west an idea that is

24:32very problematic not only in its

24:35implementation but also as a source.

24:38So if you look at uh this particular uh

24:41uh slide you will find that in Mimi uh

24:46everything goes very well. The

24:48commissioning parents are very happy and

24:51uh Mimi has agreed till there is an

24:54anomaly scan that says the child has the

24:58possibility of having a defect. That is

25:00what anomaly scan says and the

25:03commissioning parents are just gone. Now

25:07it is an unmarried girl who is left with

25:12a child in her womb. So she's pregnant,

25:15she's single. So single and pregnant in

25:20India it has a lot of cultural uh

25:22contour shame attached to it. So now she

25:24doesn't know and once these parents have

25:27gone

25:29she doesn't even know if she can abort.

25:33So it's a clearcut dilemma that Mimi

25:39you know depicts of. So there is stigma,

25:44there is legal threat, there is medical

25:47authority and there is family or honor

25:50and in between there is mimi.

25:54So while

25:56there are choices that she can make, you

25:59come across a situation in which out of

26:03many shames and stigma that she can

26:05choose is that she has to keep her baby

26:09because she prioritizes

26:12the motherhood angle over everything

26:15else. And therefore when you read this

26:20decision through the lens of Michelle

26:23Fuko you find that it reflects

26:25biopolitics where power regulates body

26:29and reproduction through institutions

26:31such as law, medicine and social

26:33reforms. So the choices that appears to

26:37be yours are actually driven by all

26:40these other factors that controls your

26:43body and therefore you uh when in the

26:46towards the end you find the

26:48commissioning parents have come back

26:50Mimi keeps the baby it's a fair baby

26:53that has been born absolutely uh normal

26:56in this able-bodied term and u very fair

27:00and she's very happy and then in the

27:02last the commissioning parents come and

27:04claim for the child. And to which Mimi

27:07responds,

27:27which loosely translates as a rebuke.

27:31She's saying that there was no fault in

27:34the child. The fault is in your

27:35mentality and you were at fault because

27:38you left somebody with your child in

27:42someone else's womb. So that is the kind

27:44of uh space Mimi addresses because this

27:49space of exploitation is rampant in also

27:53anthropological research. You will find

27:54many researches that have been done uh

27:57in in India in very empirical in nature

28:00where commissioning parents had just

28:02vanished.

28:04Uh therefore what happens surrogacy

28:06becomes a labor a sexualized care work

28:11and the surveillance of global power

28:13politics works in such a way where you

28:16find that the sexuality of a woman the

28:19sexual labor of a woman is more nuanced

28:23analysis than one based solely on

28:25morality. So it's not just morality

28:27based but it is more nuanced than that.

28:30You also find that the religious framing

28:34around

28:36surrogates being sold as god-given

28:38opportunity which means that you help

28:40them uh or a sign from God in in u the

28:44film also Bhanu says it's a sign of from

28:46God that you are going to help somebody.

28:48So it becomes a matter of resource for

28:50the commissioning parent. That is how it

28:53is visualized. The body is not only a

28:55site of care but also a site of

28:57discipline because the resource is

29:00worker's body itself and it invites

29:03definitely monitoring of some kind or

29:06other management and depending on who is

29:11bargainaining the power in terms of

29:14class in terms of decision making and in

29:18terms of economic autonomy.

29:21Uh finally uh when you look at many of

29:24these cultural scripts you find that the

29:30attribute that is assigned to Mimi is

29:34the glorification of motherhood the maki

29:37ma

29:39and uh that is what you see in reviews

29:42also. So I just put out two reviews here

29:46where it says Maki Ma mother's love next

29:50right now I plan on changing his

29:52diapers. So when in the film Mimi is

29:55asked as to what she's going to do now,

29:59what happens to her aspiration of

30:01becoming an actor now that she's a

30:03mother uh to a small child? What is she

30:06going to do? She says that right now I'm

30:08just thinking of changing the diapers.

30:10I'm not interested in anything else.

30:13This is my priority. So this also is

30:16shown in the film where motherhood

30:18dominates all other narratives and she

30:20uh just shuns her career ambitions to

30:23become a very good mother. The other

30:27aspect which I also found a little uh

30:30problematic in the film but it's

30:32definitely worth mentioning is colorism

30:35in the market. Now why I pick up this

30:38because the film makes it a point to

30:42also highlight the color of the child.

30:45The in the film there is a particular

30:46dialogue which says

30:52which is which can be translated as no

30:54other child in this city is as beautiful

30:57as this one. And this again this again

31:01reflects that

31:03we are still obsessed with the fair skin

31:06and because it's such a beautiful child

31:08it's uh it's it's wanted again an

31:12able-bodied narrative which is slightly

31:15problematic but this film is not about

31:17that I just thought I'll make a mention

31:19of it but primarily about the space of

31:22exploitation primarily about how body

31:24becomes a site of control and

31:26surveillance is something that I wanted

31:27to highlight Even within the space of

31:30surrogacy which otherwise looks like a

31:33very moral uh space of helping somebody

31:37uh who is not able to bear a child in

31:41the larger narrative of fertility and uh

31:45glorified parenthood.

31:47Finally uh we take up the reproductive

31:50justice discourse quickly I will tell

31:52you uh here uh but I will take take it

31:54up in great detail in the part two of

31:57the lecture. So reproductive justice

31:59primarily says that in the absence of

32:03the resource rights are not possible and

32:06therefore

32:08while we claim that there should be

32:10reproductive rights if there are no

32:13resources available there is no access

32:15to resources the rights become nil null

32:20and void. Uh I will discuss this in more

32:23detail when we go to the next part of

32:26the lecture. I begin with the

32:28reproductive justice framework and this

32:29is where I will stop and take up take it

32:32up in the part two of uh surrogacy uh

32:37discussion. Thank you.

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