The practice of surrogacy generates significant debate within feminist and sociological circles, particularly regarding its implications for women’s autonomy and exploitation.
Previously, we have briefly what is surrogacy, what are surrogacy arrangements, and different examples of legal frameworks following different stands on the topic. Let us now explore here some of these positions in feminist and sociological debates, and the criticisms they have received.
Surrogacy as a matter of individual freedom
Liberal feminists generally view surrogate motherhood positively, emphasizing women’s right to choose whether or not to become surrogates (Lewis, 2016; Markens, 2007). This perspective frames surrogacy as a matter of individual freedom, often advocating for compensation for surrogate mothers. However, critics argue that this view overlooks the broader socio-economic conditions that influence women’s decisions, suggesting that many surrogates come from economically marginalized backgrounds (Pande, 2014).
Surrogacy as a form of exploitation
In contrast, radical feminists criticise surrogacy as a form of exploitation that intertwines capitalism and patriarchy. From this perspective, surrogacy is seen as a mechanism that reinforces societal structures of inequality, particularly by commodifying women’s bodies and reproductive labour (Klein, 2017; Sharp, 2000; Dickenson 2009). The demand for biological offspring among privileged social groups is viewed not as a natural desire but as a socio-political construct tied to patriarchal norms about parenthood and status.
Radical feminists argue that surrogacy reflects deeper issues within society, where women’s bodies are treated as commodities, and the desire for children is framed as an entitlement of wealthier groups (Klein, 2017; Sharp, 2000). The practice thus not only commodifies reproduction but also perpetuates the social and economic marginalization of women, particularly those in lower classes.
Surrogacy as labour that requires regulation to avoid exploitation
Another feminist stance on surrogacy aligns with pro-libertarian ideals, which support the legalization and regulation of surrogacy. This approach mirrors arguments made in favour of legalizing prostitution, proposing that surrogacy should be treated as a form of labour that requires legal oversight to prevent exploitation. Advocates argue that, instead of outlawing surrogacy, it should be regulated to ensure that the rights of surrogate mothers are protected and that they are not subjected to inhumane conditions (Pande, 2014).
While acknowledging that surrogacy often involves exploitation, this view seeks to regulate it within the framework of market dynamics, emphasizing individual rights and economic freedoms.
Surrogacy as reinforcement of the association between parenthood and biological ties
Despite these differing perspectives, surrogate motherhood remains deeply entwined with patriarchal values. While some feminists argue that surrogacy could be a progressive and emancipatory practice, particularly in the context of supporting LGBT rights and enabling same-sex couples to have biological children, others highlight that this also aligns with traditional patriarchal views on biological parenthood.
Surrogacy, from this viewpoint, is not a challenge to patriarchal norms but rather reinforces the idea that parenthood is incomplete without biological ties. This pressure to have biological children is rooted in a patriarchal understanding of family and identity, where having children, particularly biological ones, is a societal expectation (Rose, 1999).
Surrogacy as an emancipatory development
Furthermore, some argue that surrogacy represents a form of technological and societal progress, heralded as an emancipatory development made possible by advances in reproductive technologies.
This view, however, overlooks the history of exploitative reproductive practices. Some sources suggest that surrogacy, rather than being a product of technological progress, may be a continuation of age-old patterns of exploitation, now more efficiently facilitated by modern medical practices (Firestone, 2015).
Surrogacy as reducing women to mere vessels for reproduction
Critics of surrogacy also focus on the concept of “renting” a woman’s uterus, arguing that it reduces a woman to a mere vessel for reproduction, disconnected from her broader identity and autonomy. This technocratic language of surrogacy obscures the emotional and physical complexities of pregnancy, framing it instead as a transactional, clinical process.
Radical feminists argue that surrogacy commodifies women’s bodies by treating them as objects to be leased, ultimately undermining their bodily integrity and autonomy. Surrogates are often subjected to intense medical oversight, strict diet regimens, and even limitations on their right to terminate the pregnancy or make other personal decisions, further emphasizing the exploitative nature of the practice (Ekman, 2013).
Surrogacy between individual choice, body autonomy, and the recognition of material conditions
This division within the feminist movement reflects a broader debate between the principles of individual choice and the recognition of material conditions. Many women who enter the surrogacy industry do so out of economic necessity rather than a true desire to assist others. In countries where commercial surrogacy is legal, women often participate as a means of earning income to support their families, especially in the context of severe social inequalities. In these circumstances, the idea of surrogacy as an act of bodily autonomy becomes problematic; it is better understood as a survival strategy within a system that offers few alternatives (Pande, 2014). As feminist scholar Klein (2017) notes, the line between choice and exploitation is thin in such contexts, where economic survival often dictates one’s options.
Feminist critiques of surrogacy emphasize the need to address systemic exploitation and reject its framing as pure bodily autonomy. While altruistic surrogacy under strict regulations may offer an ethical path, true emancipation requires broader socio-economic reforms that ensure women’s choices are not dictated by financial necessity.
The content of this blogpost is based on a presentation given at the International Conference “Law, Society, and Digital Pasts, Presents, and Futures” (coauthored with Milica Vlajić) at Lund University, organised by the Law and Society Organization (30 August-1st September, 2023). The panel that was chaired by Marta Bucholc from Abortion Figurations in Poland.
My work on this blogpost results from research conducted within the Horizon Twinning project “Advancing Cooperation on The Foundations of Law – ALF” (project no. 101079177). This project is financed by the European Union.
I thank Julieta Rabanos for her suggestions in the structuring of this blogpost.
SUGGESTED CITATION: Đorđević, Mila: “Surrogacy (I): ‘The Gift of Life’ or Monetary Transaction?“, FOLBlog, 2025/7/17, https://fol.ius.bg.ac.rs/2025/07/10/surrogacy-the-gift-of-life-or-monetary-transaction-part-i/