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

Cover
Half title
Title page
Copyright page
Dedication
Table of 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 ...
	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
	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 ...
	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
	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 ...
	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
	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