Filipina Baby Makers

Running head: COMMERCIAL SURROGACY

A Phenomenological Study on the Lived Experiences of Filipina Baby-Makers on Commercial Surrogacy Pia Roelen C. Pahati BSP 4D

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A Phenomenological Study on the Lived Experiences of Filipina Baby-Makers on Commercial Surrogacy Poverty has been a great predicament that Philippines face nowadays. From the many informal settlers living in the cities, up to the beggars and homeless people that are seen on the streets, we can clearly see how poverty affects our motherland. Due to poverty, many people supported themselves by working as vendors, scavengers, car watchers, “barkers,” beggars, and sometimes through illegal activities such as those of snatchers, pickpockets, drug sellers, and prostitutes (Aoki, 2008), and nowadays, Filipinas also enter the occupation as surrogate mothers, or more likely to be known as ‘baby-makers’ in the context of Filipino setting. In proof of this claim, Manicad (2008) interviewed two baby-makers in his documentary; one aged 17 and the other teen is aged 14. Poverty is not the sole main cause of commercial surrogacy in our country, but also because of infertility. For many Filipino Catholics who are having problems when it comes to reproduction, they go to Obando, Antipolo, and pray to St. Claire to give them a child (Santos, 2014), but in the present, there comes the baby-makers for all them who experiences problems conceiving a child yet do have the amount of money to pay. In abroad, the term that they use is a surrogate mother, but in the Philippines, it is more likely termed as the baby-maker, maybe because, this has been their occupation, their way of living, and that calling them surrogates would be a euphemism, especially as it is common that the female baby-maker is the provider of the egg. According to Machinton (2008), when the surrogate mother is also the egg donor, the term "surrogate" becomes a euphemism. We are really dealing with a natural or biological mother who has agreed to conceive, carry a fetus to term, deliver the child and then terminate her

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parental rights in exchange for medical expenses and in most cases a sum of money, paid upon fulfillment of the contract. Some says that this is not an issue of legality, as there is no law here in our country that states commercial surrogacy as illegal. However, coming from a very conservative background that our country came from, this is however an issue of morality (Trapp, 1995). However, we can not make any indications about this phenomenon here in our country as this was yet unexplored, though existing. Therefore, this exploratory phenomenological study will focus on the lived experiences of Filipina baby-makers on commercial surrogacy. Surrogacy Surrogacy is a complex reproductive alternative (Preisinger, 1997). Surrogate motherhood is a practice that circumvents female infertility. In it, a fertile woman - the surrogate mother - agrees to intervene in the reproductive process either for, or in collaboration with, another woman who typically is unable to have a child. The practice of surrogate motherhood in the U.S.A. was introduced in 1976 as an individual solution to a problem of infertility and was presently organized as part of a surrogate industry run by entrepreneurs. People who seek the services of surrogate mothers are usually couples constituted of an infertile woman and a fertile man (Roher, 1987). According to Fisher (2012), there are different types of surrogacy (ie., traditional surrogacy, gestational surrogacy, gay surrogacy, interfamilial surrogacy, altruistic surrogacy, commercial surrogacy and the international surrogacy). The first type of surrogacy is traditional surrogacy, and it occurs when a woman chooses to donate her egg, becomes pregnant, and relinquishes the baby to another family. Traditional surrogacy is also known as partial surrogacy (van den Akker, 2005). The medical procedure for traditional surrogacy is artificial insemination

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and it happens “when a surrogate mother uses her own egg fertilized by the intended father’s sperm” (Nakash & Herdiman, 2007, p. 246). Traditional surrogacy may also involve donated sperm, which adds to the complexities of the practice. Historically and currently, traditional surrogacy may happen without the use of technology and medical interventions and personnel. The second type of surrogacy is gestational surrogacy, which happens when a woman carries a genetic embryo of the intended parents in pregnancy, delivers the baby, and relinquishes the baby to his/her parents. A gestational surrogate may also carry a donor embryo or oocyte, egg cell, for an intended parent(s). The embryo, whether donated or not, is not genetically connected to the surrogate mother. A gestational surrogate is often characterized as a gestational carrier. Gestational surrogacy is the third party reproductive practice that is on the rise due to the lack of “genetic tie” between the birth mother and infant thus representing a severe in this relationship (Twine, 2011). In third party reproduction, gay surrogacy is one of the most complex, exclusive, and costly arrangements, according to Kashmeri (2008). Gay surrogacy challenges the dominant societal assumption that solely women desire having children and legitimizes men choosing to become fathers (Kashmeri, 2008; Twine, 2011). Other language used to describe gay surrogacy is queer reproduction or queer surrogacy (Kashmeri, 2008). Interfamilial surrogacy is a new term for a surrogate who is a relative such as a sister, mother, aunt, or cousin, or close friend of the commissioning couple (Hanafin, 2006). Along with the three forms of surrogacy described here, there are also two orientations towards being a surrogate mother: altruistic surrogacy and commercial surrogacy. Commercial surrogacy has an additional dimension, namely international surrogacy.

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Altruistic surrogacy is legal in some countries worldwide. Surrogates are not financially rewarded for the pregnancy. Although, all expenses related to the surrogate arrangements including insurance, medical expenses, maternity clothing, and other related expenses are usually reimbursed by the intended parents. Commercial surrogacy occurs when a woman is paid for the process of surrogacy by the intended parents. The payment includes coverage of all expenses related to the pregnancy and birth, plus money to be a surrogate. This form of surrogacy is controversial because it can be argued that payment for the service of surrogacy reduces the surrogate mother’s choice, and increases her vulnerability. Moreover, it has been described as baby selling due to the surrogate receiving payment (Sharma, 2005; Twine, 2011). An outcome of commercial surrogacy is international surrogacy, which has emerged significantly since the first American gestational surrogacy in 1986 (Mechanick, Braverman, & Corson, 1992; Twine, 2011). International surrogacy is “commercial, gestational surrogacy which takes place across country borders, typically with prospective parents from wealthier countries and surrogate mothers from poorer countries” (Humbyrd, 2009, p. 112). Heightened concern about the exploitation of vulnerable women is expressed in relation to international surrogacy practices (Twine, 2011). More recently, international surrogacy is also being called reproductive tourism (Hanafin, 2006). Commercial Surrogacy Commercial surrogacy is a rapidly growing industry in the United States. Yet, feminists remain divided on the issue. Some worry that prohibiting the sale of women's reproductive services will reinforce cultural stereotypes of women, particularly pregnant women, as irrational, emotionally driven, and incapable of making informed decisions about their bodies. Others

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contend that allowing the sale of women's reproductive services objectifies women as fetal environments (Moon, 1994). In this type of surrogacy, the buyer purchases the rights to the services of the seller. The pregnant woman may not terminate her pregnancy, and the resulting baby must be given to the buyer or the intending parents (Liberto, 2011). In short, she will relinquished her rights as a mother of the child. Based on the study of Anderson (2000), he argued that if commercial surrogacy isn’t literally selling a child, then it is selling the child out. To enforce pregnancy contracts is to legally endorse the principle that mothers are entitled to profit economically from relinquishing their parental rights to the child, and that others are entitled to induce her to do so. This is to treat her parental rights as hers to give away, out of regard for her own interests. In treating them as freely alienable, the pregnancy contract endorses a way of regarding these rights not as to be exercised out of love for the child, but as to be exercised out of regard for the interests of the adults who have them. Moreover, it introduces a conflict of interest between the mother and her child: she risks losing her fee if she acts on her judgment that the child would be better off remaining with her. In short commercial surrogacy excludes a norm of parental love for children – namely, the norm that the mother may express her love for her child by asserting her right and duty to care for it as its parent. Another way to see how children are commodified in the process is to see how the status of the child differs in the two legal regimes. Where the pregnancy contract is null and void, the child is the preeminent party in the custody dispute, whose interests govern the allocation of parental and custodial rights. Where the pregnancy contract is valid, the child is not a party to the suit over breach of contract. It is merely the object over which

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possession is disputed. If the pregnancy contract is enforceable, then custody of the child is awarded according to its terms, without an independent inquiry into the child’s best interests. Based on a news article by Santos (2014), commercial surrogacy in India has thrived since it was legalized in 2002. India, most specially the city of Anand in Gujarat has become known as the “Mecca for surrogacy.” She stated in her article that couples who in this city can find fertility clinics that may provide a familiarization tour that orients them on the process, the available facilities for the care of the surrogate mother, and the roles and financial responsibilities of the commissioning parents and legalities. Once a surrogate is found, both the commissioning couple and the surrogate undergo counseling to manage expectations. A medical check-up is conducted, and a consent form is signed, signalling the start of the process of the embryo transfer. Commercial surrogacy in India has thrived since the Supreme Court made it legal in 2002. India’s reproductive tourism is estimated to be worth about USD 50 billion. The Indian Council of Medical Research (ICMR) has identified 886 surrogacy clinics across the country. At least 50 such clinics are added every year, according to reports. According to Mukherjee, the person interviewed by Santos (2014), India does not only caters its service of commercial surrogacy to the couples of its own country but also to couples from all over the world, as surrogacy has become a survival strategy and a temporary occupation for many poor women in their country. In addition to that, it was also reported that women who agree to become surrogate mothers in India, must agree to withhold physical contact with their husbands for (as stipulated in her contract) until she safely delivers the baby. She lives in a hostel or a clinic where clinic

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personnel who also administer her pre-natal check-ups look her after. She lives away from her family for the duration of her pregnancy. Commercial Surrogacy in the Philippines Commercial surrogacy in the Philippines has also spread it phenomenon in our country, as there are many reports that we can see on television news and can read on newspapers. But the most part that can put one off guard is the openly asking of baby makers online. Pinoy Exchange.com forums Posted by: ladysurvivor. (Nov, 2002) looking for a babymaker... Hi theres this couple who are my friends. They cannot produce a baby because of the girl's incapacity. The man is a 38 y.o. good-looking, nice businessman. This man would like to have his own baby, so now, they are looking for a lady would be willing to get preggy and carry his baby for 9 months. Reminder: no emotions involved. if you're a lady, pls. think about this, what would be your conditions?.... Posted by: konichiwa (Nov, 2002) babymaker I'm looking for a baby maker. Anyone who knows if such exists? If somebody knows someone or if someone is interested, just send me a PM or email me. I'm desperate to have a child of my own. The payment can be discussed privately. Shobeh88 i'm interested. contact me at 09175121169. hope this isn't a scam. samantha

With advertisement such as this one placed in blogs, forums, and other social networking sites it is easy to understand why some remuneration act as a motivating factor and the commoditization of women as baby makers became open. Aside from that, it was found that surrogates do acknowledge the need for money as motivating factor (Kleinpeter & Homan, 2000).

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There is no law in our country that clearly states that commercial surrogacy is illegal in our country, as they have said, it in not illegal yet it doesn’t necessarily mean that it’s not unethical. Senator Many Villar proposed a bill last 2006, about surrogacy here in our country, called Senate Bill No. 2344. The bill states that: Surrogate parenting is a concept that is relatively new in this country, although for a long time it has been widely known in the US. and in other well- developed countries. Surrogate motherhood is nothing but baby selling. It is similar to the generic experiments that are done with animals who are bred for certain purposes. A woman becomes a surrogate mother when she agrees to conceive a child in her womb only to give away the child after birth to another person for a valuable consideration Infertility is a real crisis for many married couples. Medical advances can help a significant number, but many still face the possibility of forever remaining childless. Adoption is not a feasible alternative for most because fewer and fewer children are available. Hence, a surrogate is often their only choice. We feel, however, that while infertile couples desperately seek to have a baby, their desires should not be met at the expense of transforming human reproduction into a purely utilitarian enterprise. The idea of negotiating pregnancy by commercial contract should be abhorrent to anyone who believes in the dignity of human life. Commercialized surrogacy reduces women to the status of breeding animals, their wombs rnted, their eggs bought and sold in much the same manner as commercial livestock. In the surrogacy process, the ultimate victim is the baby, whose identity is fragment between two parents whose only relationship with each other is a financial agreement.

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Babies are not products like microwave ovens and automobiles. Pregnancy should never be reduced to a commercial service. Civilized nations throughout the world have outlawed commercial surrogacy arrangements. It is now time for the Philippines to follow suit. This will deter any future plans mostly of foreigners from luring our Filipino women to become surrogate mothers. The quantity of surrogacy incidents in the past, in our minds, will not justify the passage of a law banning the same. The enclosed bill proposes to penalize not only surrogacy arrangement but also the act of selling infants by their mothers. The practice of surrogacy arrangement is morally and religiously wrong. We see no 'difference between surrogate motherhood and black-market baby selling. Hence, both practices are outlawed in this bill. The Present Study There have been numerous studies abroad that pertain to surrogacy, yet no other study explored the lived experiences of female baby-makers on commercial surrogacy, abroad or here in the Philippines. The goal of this phenomenological qualitative study was to identify a number of salient aspects of the subjective experience on commercial surrogacy of Filipina baby-makers. In particular, my aim was to explore the following: (1) affective dimensions of commercial surrogacy on female baby-makers – the intensity of emotions; (2) cognitive aspect like the selfperception of female baby-makers on surrogacy and to their own selves; (3) their social experiences brought by their occupation as a female baby-maker; (4) its psychological effects on one’s well-being—during pregnancy, giving birth, and relinquishing the child to the intended parents.

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I will facilitate the discussions using a semi-structured topic guide that explored the following points: (1) familiarity and recognition on the experience of baby-making on commercial surrogacy; (2) personal views on commercial surrogacy; (3) emotions and thoughts experienced with regards to commercial surrogacy; (4) lived experiences of being a female babymaker; (4) overall views about commercial surrogacy. Research Questions This research will focus on finding answers on the following questions: 1. What does commercial surrogacy mean to them? 2. What are their personal reasons in engaging themselves in commercial surrogacy? 3. What are their experiences in this phenomenon? Methods Research Design In this study, I will use the qualitative method of phenomenology as there is no theory of choice. According to Flowerday and Schraw (2000), “phenomenological design is appropriate when one’s goal is to explore a phenomenon about which little has been written,” (p.35) which is likely the same with my goals in this study. I will also be going to collect information from participants who are able to describe the phenomenon through their experiences, which will allow me to organize themes, based on their responses. According to Wahyuni (2012), the research paradigm for this study will be constructivism. I will have the ontological position of being subjective and socially constructed in this research. In epistemological terms, I will focus upon the details of the situation, or the “lived experiences” of the participants.

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Participants The sample of participants will be consisted of five female baby-makers. The sample will be generated using “snowballing” techniques. The participants will be 18 and above age-old women who experienced commercial surrogacy. Each participant will be required to meet the basic requirements of being a female and with an experience on commercial surrogacy and is a self-confessed baby-maker. All participants that will be involved in this study are Filipino women with at least one experience of commercial surrogacy. Instrument (Appendix A) The instrument that will be going to use in this study will be guided by the interview questions that I will design will guide the flow of the interview with the participants, specifically on following in-depth interviews. Procedure I will first give each participant an informed consent which they have to sign. This informed consent contain all the things that they need to know about the research—its purpose and its reason for being conducted. It is also indicated in the informed consent that the information that they will provide will be held with great care and confidentiality. Aside from that, I will also clear to them that they are free to leave from participating in the research once they feel uneasy about it. I will also be going to explain the specific details on which they will be contributing within this research. The data gathering procedure will be coming from a series of in-depth interviews with the participants through their verbal responses. . In-depth interviews with the participants, will focus

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on the Filipina baby-makers’ experiences about the phenomenon of commercial surrogacy. These verbal responses will be recorded using an audio recorder, and will be transcribed verbatim by the interviewer. Body language, positions or any initial observations to the interviewee will be noted. The initial in-depth interview will about to last for 30 to 40 minutes In-depth interviews will be used because it is the type of qualitative method that will enable people to talk about their personal feelings, their opinions, as well as their experiences. Aside from that, it also gives the interviewer the chance to gain insight into how the participants interpret their experiences (Mack, Woodsong, MacQueen, Guest, & Namey, 2005). Data Analysis The data that will be gathered from the series of in-depth interview with the participants, from the audio records and the transcribed notes of the past interviews. After collecting it, the notes from the handwritten transcription as well as the audio recordings will be encoded in the computer. Upon encoding the data to the computer, participants will be coded with numbers for confidentiality. Transcripts will be read repeatedly to identify the key themes and categories, which were then developed into a framework for coding the body of interview data. I will analyze the data collected using qualitative content analysis, by identifying themes based on the responses that the participants have given. After identifying themes based from the contexts, I will be going to ask a professional or a researcher to help me check the data to perform test code reliability.

References

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Apold, V. J. (2005). Commercial surrogacy: Reconsidering canada's criminal prohibition. (Order No. MR08575, Dalhousie University (Canada)). ProQuest Dissertations and Theses, , 183-183 p. Retrieved from http://search.proquest.com/docview/305407857? accountid=28547. (305407857). Trapp (Slagter), J. E. (1995). Contextualizing ethical issues: Surrogacy. (Order No. 9614969, Southern Illinois University at Carbondale). ProQuest Dissertations and Theses, , 202 202 p. Retrieved from http://search.proquest.com/docview/304234276?accountid=28547. (304234276). Moon, L. L. (1994). Commercial surrogacy: A liberal, feminist analysis. (Order No. 9427192, University of California, Irvine). ProQuest Dissertations and Theses, , 250-250 p. Retrieved from http://search.proquest.com/docview/304091344?accountid=28547. (304091344). Liberto, H. R. (2011). On the moral and legal alienation of reproductive rights, sexual rights, and rights to bodily organs. (Order No. 3471410, The University of Wisconsin Madison). ProQuest Dissertations and Theses, , 200. Retrieved from http://search.proquest.com/docview/885028223?accountid=28547. (885028223). Senate Bill No. 2344, Manny Villar, 2006.

Roher, D. R. (1987). Surrogate motherhood: The nature of a controversial practice. (Order No. 8809129, Wayne State University). ProQuest Dissertations and Theses, , 225-225 p. Retrieved from http://search.proquest.com/docview/303631147?accountid=28547. (303631147).

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Fisher, A. M. (2012). A narrative inquiry: How surrogate mothers make meaning of the gestational surrogacy experience. (Order No. MR88297, University of Victoria (Canada)). ProQuest Dissertations and Theses, , 177. Retrieved from http://search.proquest.com/docview/1069261859?accountid=28547. (1069261859). Pashmi, M., M.A., Tabatabaie, S. M. S., PhD., & Ahmadi, S. A., PhD. (2010). Evaluating the experiences of surrogate and intended mothers in terms of surrogacy in isfahan. Iranian Journal of Reproductive Medicine, 8(1), 33-40. Retrieved from http://search.proquest.com/docview/862160660?accountid=28547 Khan, M. J., Altaf, S., & Kausar, H. (2013). Effect of perceived academic stress on students' performance. FWU Journal of Social Sciences, 7(2), 146-151. Retrieved from http://search.proquest.com/docview/1519062071?accountid=28547 McCarthy, C.J., Lambert, R.G. & Moller, N. P. (2006). Preventive resources and emotion regulation expectancies as mediators between attachment and college students’ stress outcomes. International Journal of Stress Management, 13(1), 1-22. doi: 10.1037/1072 5245.13.1.1. Misra, R., & Castillo, L.G. (2004). Academic stress among college students: Comparison of American and international students. International Journal of Stress Management, 11(2), 132-148. doi: 10.1037/1072-5245.11.2.132.

Appendix A Interview #1

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1. Demographic Questions: Please tell me how old you are? Where are you from originally? Where do you live now? 2. When did you start working as a baby maker? Do you have other occupation aside from this?; where?; doing what? 3. What prompted you to decide to enter this kind of job? What experience have you had with commercial surrogacy? 4. How did/does your current situation affected your decision to enter this kind of job wherein you are engaging into commercial surrogacy?

Interview #2 1. Please read the definition of commercial surrogacy which was defined by studies.

2. 3. 4. 5. 6.

(provided by the researcher) a. What do you think of that definition? b. Does that definition match your understanding? c. Do you think there is something missing? In your own view, commercial surrogacy? What put you into doing this? What is your view about commercial surrogacy? What is your over all affect into this? Tell me about the way you feel during those cases when giving birth to the child is

already near. What was on your mind during those times? 7. Tell me about the way you feel during those cases that you are going to relinquished the child to the intended parents? 8. Tell me about the way you behave during those cases that you are going to relinquished the child. 9. What do you think other people think of you?