The Global Landscape of Commercial Surrogacy
Commercial surrogacy has emerged as a widely sought-after service across the globe. However, as nations implement stricter regulations to combat potential exploitation, the journey for prospective parents is becoming increasingly complex. In Western countries, the costs associated with surrogacy typically range from €50,000 to €200,000, prompting many Europeans to seek more affordable options in developing nations.
One of the leading destinations for surrogacy is Cambodia, which saw a surge in this practice after neighboring countries like Thailand, India, and Nepal imposed stringent restrictions. Bill Houghton, the founder of the Sensible Surrogacy agency, notes that when local agencies are forced to shut down due to bans, they often relocate to nearby countries with more lenient regulations. He explains, “Surrogacy has gained momentum recently due to increased awareness, growing availability, and the influence of celebrities who openly share their surrogacy journeys, thereby amplifying demand.”
Cambodian agencies like Shenzhou Zhongtai have played a pivotal role in facilitating international surrogacy arrangements. Liang Bo, the chairman of Shenzhou Zhongtai, shares stories of successful surrogacy experiences, including Russian couples living with HIV and a Dutch couple who welcomed a child through a surrogate named Bopha. Remarkably, Bopha maintains a connection with the family, regularly receiving updates about the child.
Government Intervention
Despite the thriving surrogacy industry, the Cambodian government has taken a firm stance against foreign clients who pay local women to carry their children. The authorities are enforcing a ban on commercial surrogacy that was last updated in 2016. Cambodia has long faced challenges related to human trafficking, particularly linked to online scams and forced labor, which has tarnished its international reputation.
Cambodian officials warn that vulnerable women are often deceived into participating in illegal surrogacy arrangements. This was underscored by a recent police raid in Kandal province, where 24 pregnant foreign women were discovered and subsequently charged under laws pertaining to human trafficking and sexual exploitation. These women were taken to a hospital in Phnom Penh and face potential prison sentences of two to five years following the births of their babies. Among those arrested were 13 pregnant Filipino women accused of serving as surrogate mothers in Cambodia after being recruited online.
The Cambodian government views these women as offenders who colluded with organizers to act as surrogates and sell the infants for profit. This crackdown is not isolated to Cambodia; countries like Italy have also criminalized overseas surrogacy, reflecting a broader trend among nations seeking to regulate this practice.
Economic Pressure and Exploitation
The uncertain fate of the apprehended Filipino women sheds light on the grim realities of international surrogacy. Stefani Albert, a specialist in women, peace, and security in the Philippines, highlights that Filipinos, especially women, constitute a substantial segment of the global migrant workforce, often engaged in domestic work, nursing, and service industries. Although surrogacy is less common, the predicament faced by the Filipino women in Cambodia reveals the socio-economic pressures that drive them into such situations.
Albert explains, “These women are frequently promised substantial financial rewards, and in their desperation for a better future, they accept offers that may come with significant risks.” Many women are motivated to become surrogates due to limited job prospects, inadequate healthcare, and a lack of social security in the Philippines. By participating in surrogacy, they can secure better medical care and financial support that would otherwise be out of reach.
As Houghton points out, the low quality of education in rural areas means that women who opt to become surrogates often lack a full understanding of the potential risks and implications of their decisions. “They may not fully comprehend the contracts they are asked to sign or the terms of their agreement,” he notes. “They may be enticed by substantial sums of money without a clear understanding of what they are getting into.”
The Future of Surrogacy in Cambodia
The Cambodian government remains steadfast in its opposition to commercial surrogacy, perceiving it as a form of human trafficking that commodifies children. Chou Bun Eng, Cambodia’s deputy minister of the interior, has stated that surrogacy negotiations can undermine the intrinsic value of children. The government has vowed to closely monitor surrogate mothers and apprehend anyone attempting to smuggle infants out of the country.
Nevertheless, surrogacy agencies continue to operate in secrecy, leaving both intended parents and surrogates in a precarious legal and ethical position. The persistent global demand for affordable surrogacy services raises profound questions about the future of this contentious practice and its ramifications for women in developing nations.
According to Houghton, as long as couples encounter challenges related to infertility, the need for surrogacy will remain vital. He emphasizes the importance of understanding the legal frameworks governing surrogacy in various countries. Houghton advises both agencies and prospective parents to “identify jurisdictions worldwide that explicitly support both the parents and the surrogates.”
