THE SILENT VICTIMS OF COMPASSION: A CROSS-NATIONAL STUDY ON THE CONSEQUENCES OF COMMERCIAL SURROGACY BANS IN INDIA AND SELECTED COUNTRIES

Abstract

Surrogacy has been commercialised in developing reproductive centres like India, Thailand, Cambodia, and Mexico in the pretence of preventing exploitation and protecting the dignity of women. However, new developments suggest that restrictive policies will only drive the trade into the underground, contributing to the weak nature of the law as well as alienating the surrogate mothers even more.  The current research is a cross-national study that utilises a mixed-methods approach and a sample of 200 study participants (20 per country). The cohort will consist of former surrogates and key stakeholders, which will allow for assessing the socioeconomic, legal, and psychosocial consequences of surrogacy bans comprehensively.  The statistical data were analysed using descriptive statistics, analysis of variance, chi-square tests, and multiple regression to determine predictors of post-ban economic hardship and legal insecurity. Qualitative interviews (n=40) were subjected to thematic analysis to explain lived experiences and contextualise the statistical results.  Findings indicate that restrictive laws have failed to stop surrogacy, but have driven the method into the shadowy corners of the illicit industry, reduced bargaining strength, increased reliance on middlemen, and further supported cross-border reproductive tourism.  It concludes the paper by stating that prohibitionist policies breed silent victims of compassion and urges the adoption of rights-based policy interventions grounded in reproductive justice and labour protection.