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Assisted Reproductive Technologies, Commodification and Biopolitics

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Assisted Reproductive Technologies, Commodification and Biopolitics Third-Party Reproduction: Assisted Reproductive Technologies, Commodification and Biopolitics by Bojana Bogeljic A thesis submitted to the Faculty of Graduate and Postdoctoral Affairs in partial fulfillment of the requirements for the degree of Master of Arts in Sociology Carleton University Ottawa, Ontario © 2015 Bojana Bogeljic Abstract The purpose of this study is to investigate the issues that arise in Assisted Reproductive Technology (ART) through cross-border reproductive travel, the global trade in ova and the contracting of surrogates. The concern is around the commercialization and commodification of women and children, as well as the risks associated with the global for-profit ART industry. The project is divided into three case studies. First, the Canadian ART context shows that restrictive federal policy is challenged by transnational ART. The second case study reveals that international online fertility networks are created and located opportunistically in destination countries where surrogates and egg donors can be recruited. The last case study reveals a trend in some destination countries towards more restrictive ART legal frameworks. In conclusion, this thesis argues that the patterns of cross-border ART are shaped by government regulations and the local availability of egg donors and surrogates. ii Acknowledgements I am truly indebted to my supervisor, Dr. Amine Mire, for encouraging me to look further into this topic following a presentation on gestational surrogacy. Gradually, I have been able to develop this research into an MA thesis thanks to your continuous support and guidance. Throughout this whole process, you have taught me the importance of theoretical concepts and pushed me in the right direction in this complex field of ART. I would also like to thank my committee member, Dr. Neil Gerlach, whose own work on biotechnologies has been an inspiration to me. Your feedback to my draft proposal and the questions you raised at that time have allowed me to more clearly define the scope of this research. Furthermore, I am very grateful to my internal examiner, Dr. Erika Adams, for her careful review and examination. I also want to express gratitude to my partner, friends and family for their invaluable support and encouragement. Finally, I would like to show appreciation to the Department of Sociology and Anthropology, as well as the Institute of Health: Science, Technology and Policy at Carleton University. Both departments have been important in shaping my research and analysis skills necessary for bringing this thesis to fruition. iii Table of Contents Abstract .............................................................................................................................. ii Acknowledgements .......................................................................................................... iii Table of Contents ............................................................................................................. iv List of Figures .................................................................................................................. vii 1 Chapter: Context, Terminology and Introduction .................................................. 8 1.1 Context and Terminology .................................................................................................. 8 1.2 Introduction to the Research ............................................................................................ 12 2 Chapter: Literature Overview ................................................................................. 14 2.1 Critical Reflections on Assisted Reproduction: From in vitro fertilization to cross-border reproductive travel ..................................................................................................................... 14 2.2 Understanding the Impact of Medicalization and the Rise of the Patient-Consumer ...... 26 2.3 Applying Biopower and Biopolitics in the Age of Assisted Reproduction ..................... 30 3 Chapter: Theoretical and Methodological Framework ........................................ 39 3.1 Theoretical Framework and Research Questions ............................................................. 39 3.2 Data Collection Strategy for Case Study One .................................................................. 45 3.3 Data Collection Strategy for Case Study Two ................................................................. 48 3.4 Data Collection Strategy for Case Study Three ............................................................... 50 3.5 Analysis of Data and Reflexivity ..................................................................................... 54 4 Chapter: Case Study One: Canadian ART Law and Controversies ................... 58 4.1 Legal and Regulatory Framework of ART in Canada ..................................................... 58 4.1.1 Framing the Policy on ART ...................................................................................... 59 4.1.2 The Assisted Human Reproduction Act ................................................................... 67 4.2 Controversies in Cross-Border ART ................................................................................ 70 iv 4.2.1 Grey Market .............................................................................................................. 70 4.2.2 The Kylee Gilman Case ............................................................................................ 74 4.2.3 Canadian Baby-Selling Consultants ......................................................................... 77 4.3 Conclusion and Theoretical Reflections for Case Study One .......................................... 81 5 Chapter: Case Study Two: An International Network Group in Third-Party Assisted Reproduction .................................................................................................... 83 5.1 New Life Global Network ................................................................................................ 83 5.1.1 The Global Spread .................................................................................................... 83 5.1.2 ART Destination Places ............................................................................................ 85 5.1.3 The Situation in Thailand ......................................................................................... 87 5.1.4 The Influence of Legal Prohibitions ......................................................................... 89 5.1.5 The Ambiguous Sex Selection Ethics ....................................................................... 91 5.2 Egg Donations .................................................................................................................. 94 5.2.1 Value, Quality and Choice ........................................................................................ 94 5.2.2 Caucasian Egg Donors .............................................................................................. 95 5.2.3 Egg Production and Egg Sharing .............................................................................. 99 5.3 Standard Packages and Disposable Surrogates .............................................................. 102 5.4 Contracts and Legal Rights ............................................................................................ 105 5.5 Conclusion and Theoretical Reflections for Case Study Two ....................................... 108 6 Chapter: Case Study Three: The Changing Discourse in India, Russia and Thailand ......................................................................................................................... 110 6.1 Three Key Destination Countries ................................................................................... 110 6.2 Stricter Regulations for India’s Womb-for-Rent Industry ............................................. 112 6.2.1 ART (Regulation) Bill ............................................................................................ 112 6.2.2 Conclusion and Future Developments .................................................................... 118 6.3 The Moral Opposition to Surrogacy in Russia ............................................................... 121 v 6.3.1 Moral Discourse ...................................................................................................... 121 6.3.2 Favourable Genetic Material. ................................................................................. 125 6.3.3 Conclusion for the Russian Context ....................................................................... 128 6.4 Controversial Cases in Thailand .................................................................................... 130 6.4.1 Baby Gammy .......................................................................................................... 130 6.4.2 Japanese Man Fathers 16 Surrogate Babies ............................................................ 133 6.4.3 The Impact on International Surrogacy Industry .................................................... 135 6.4.4 The Fast Response of a Strict Military Government .............................................. 136 6.4.5 Reflections on Thailand .......................................................................................... 138 6.5 Conclusion and Theoretical Reflections for Case Study Three ..................................... 139 7 Chapter: Conclusion ..............................................................................................
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