INTERNATIONAL SURROGACY AS DISRUPTIVE INDUSTRY IN SOUTHEAST ASIA MEDICAL ANTHROPOLOGY: HEALTH, IN EQUALITY, AND SOCIAL JUSTICE Series editor: Lenore Manderson Books in the Medical Anthropology series are concerned with social patterns of and social responses to ill health, disease, and suffering, and how social exclusion and social justice shape health and healing outcomes. The series is designed to reflect the diversity of con temporary medical anthropological research and writing, and will offer scholars a forum to publish work that showcases the theoretical sophistication, methodological soundness, and ethnographic richness of the field. Books in the series may include studies on the organ ization and movement of peoples, technologies, and treatments, how inequalities pattern access to these, and how individuals, communities, and states respond to vari ous assaults on well- being, including from illness, disaster, and vio lence. Jessica Hardin, Faith and the Pursuit of Health: Cardiometabolic Disorders in Samoa Carina Heckert, Fault Lines of Care: Gender, HIV, and Global Health in Bolivia Alison Heller, Fistula Politics: Birthing Injuries and the Quest for Continence in Niger Joel Christian Reed, Landscapes of Activism: Civil Society and HIV and AIDS Care in Northern Mozambique Beatriz M. Reyes-F oster, Psychiatric Encounters: Madness and Modernity in Yucatan, Mexico Sonja van Wichelen, Legitimating Life: Adoption in the Age of Globalization and Biotechnology Lesley Jo Weaver, Sugar and Tension: Diabetes and Gender in Modern India Andrea Whittaker, International Surrogacy as Disruptive Industry in Southeast Asia I NTERN ATI O N A L SU RRO G AC Y A S D ISRU PTI V E I N D USTRY I N SO UTH E A ST A SI A andrea whittaker rutgers university press New Brunswick, Camden, and Newark, New Jersey, and London Library of Congress Cataloging- in- Publication Data Names: Whittaker, Andrea (Andrea M.), 1967– author. Title: International surrogacy as disruptive industry in Southeast Asia / Andrea Whittaker. Description: New Brunswick, New Jersey : Rutgers University Press, [2018] | Series: Medical anthropology | Includes bibliographical references and index. Identifiers: LCCN 2018011717| ISBN 9780813596846 (cloth) | ISBN 9780813596839 (pbk.) Subjects: LCSH: Surrogate motherhood— Social aspects— Thailand. | Surrogate motherhood— Moral and ethical aspects— Thailand. | Surrogate motherhood— Cross-c ultural studies. Classification: LCC HQ759.5 .W485 2018 | DDC 306.874/309593— dc23 LC rec ord available at https:// lccn . loc . gov / 2018011717 A British Cataloging- in- Publication rec ord for this book is available from the British Library. Copyright © 2019 by Andrea Whittaker All rights reserved No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, or by any information storage and retrieval system, without written permission from the publisher. Please contact Rutgers University Press, 106 Somerset Street, New Brunswick, NJ 08901. The only exception to this prohibition is “fair use” as defined by U.S. copyright law. The paper used in this publication meets the requirements of the American National Standard for Information Sciences— Permanence of Paper for Printed Library Materials, ANSI Z39 .4 8 - 1992. www . rutgersuniversitypress . org Manufactured in the United States of Amer i ca For my daughters Claire and Rachel and those who wish to create families CONTENTS Foreword by Lenore Manderson ix Preface xiii List of Abbreviations xvii Notes on Language and Transliteration xix Introduction 1 1 The Growth of Disruptive Commercial Surrogacy in Asia 27 2 Merit and Money: The Moral Economy of Surrogacy 48 3 The Best of Intentions 67 4 Facilitation 99 5 Digital Umbilical Cords 116 6 Rotten Trade 131 7 Baby Gammy 147 8 New Destinations, New Markets 167 Conclusion: The Future of International Surrogacy 180 Acknowl edgments 195 Notes 197 Bibliography 201 Index 221 vii FOREWORD LENORE MANDERSON Medical Anthropology: Health, Ine quality, and Social Justice is a new series from Rutgers University Press, designed to capture the diversity of con temporary medical anthropological research and writing. The beauty of ethnography is its capacity, through storytelling, to make sense of suffering as a social experience, and to set it in context. Central to our focus in this series on health and illness, in equality and social justice, therefore, is the way in which social structures and ideologies shape the likelihood and impact of infections, injuries, bodily rup- tures and disease, chronic conditions and disability, treatment and care, social repair and death. The brief for this series is broad. The books are concerned with health and illness, healing practices, and access to care, but the authors illustrate too the importance of context—of geography, physical condition, ser vice availability, and income. Health and illness are social facts; the circumstances of the mainte- nance and loss of health are always and everywhere s haped by structural, global, and local relations. Society, culture, economy, and po litic al organ ization as much as ecolo gy shape the variance of illness, disability, and disadvantage. But as med- ical anthropologists have long illustrated, the relationships of social context and health status are complex. In addressing t hese questions, the authors in this series showcase the theoretical sophistication, methodological rigor, and empir- ical richness of the field, while expanding a map of illness and social and institu- tional life to illustrate the effects of material conditions and social meanings in troubling and surprising ways. The books in the series move across social circumstances, health conditions, and geography, and their intersections and interactions, to demonstrate how individuals, communities, and states manage assaults on well- being. The books reflect medical anthropology as a constantly changing field of scholarship, draw- ing on research diversely in residential and virtual communities, clinics, and laboratories, in emergency care and public health settings, with ser vice provid- ers, individual healers, and house holds, with social bodies, human bodies, and biologies. While medical anthropology once concentrated on systems of heal- ing, par tic u lar diseases, and embodied experiences, today the field has expanded to include environmental disaster and war, science, technology, faith, gender- based vio lence, and forced migration. Curiosity about the body and its vicissi- tudes remains a pivot for our work, but our concerns are with the location of bodies in social life, and with how social structures, temporal imperatives, and ix x Foreword shifting exigencies shape life courses. This dynamic field reflects an ethics of the discipline to address these pressing issues of our time. Globalization contributes to and adds to the complexity of influences on health outcomes; it (re)produces social and economic relations that institution- alize poverty, unequal conditions of everyday life and work, and environments in which diseases increase or subside. Globalization patterns the movement and relations of peoples, technologies and knowledge, programs and treatments; it shapes differences in health experience and outcomes across space; it informs and amplifies inequalities at the individual and country levels. Global forces and local inequalities compound and constantly load on individuals to affect their physical and mental health, and their h ouse holds and communities. At the same time, as the subtitle of this series indicates, we are concerned with questions of social exclusion and inclusion, social justice and repair, again both globally and locally. The books challenge readers to reflect not only on sickness and suffering, deficit and despair, but also on re sis tance and restitution—on how people respond to injustices and evade the fault lines that might seem to predetermine life outcomes. While not all of the books take this direction, the aim is to widen the frame within which we conceptualize embodiment and suffering. In International Surrogacy as Disruptive Industry in Southeast Asia, Andrea Whit- taker brings together the concerns of embodiment and suffering as illustrated through the outsourcing of reproduction. Assisted reproductive technology, in vitro fertilization, and gamete donation have expanded rapidly during the past few de cades, with increasing propensity for reproductive medical procedures to take place across borders. The increasing affordability of international transport, the transmission of bio-i nformation through the internet, and the movement of expertise globally allow people to pursue family making, increasingly, when and where it suits them. Thus people side- step national laws, biomedical constraints, and prohibitive charges and pursue secrecy and efficiency as they manipulate their desire for biologically related families. But even the most sensitively timed assisted reproductive technology (ART) procedures, the best doctors, and the most sophisticated clinics do not cover all eventualities. For a growing number of individuals and couples, for whom biological parenting remains the grail, the answer is surrogacy. Surrogate pregnancy is not new, but it was once largely a private arrangement, framed by affective (often kinship) ties between gestational and intending social mothers. But the desire to establish or continue a biological f amily, social con ve- nience, and its way around medical difficulties in conception and pregnancy to term have led surrogacy to become an increasingly common reproductive option. The institutions, procedures, and drugs now available in support of advanced reproductive technology have increased the success of the implanta- tion of an embryo (or two or more) into the womb of another w oman as surro-