- Bilbao hosted the first rented stomach congress on July 20, 21 and 22. Researchers, jurists and academics participated in the meeting organized by the Association of Son Our Children, the Association of Surrogate Pregnancy in Spain and Inca Ume Ametsak. The socialist women's organization Itaia met to reject the congress. ARGIA has talked to Naia Izko's Itaia colleague to learn about the organization's vision.
What can be the purpose of the first conference on the rental stomachs held in Bilbao?
The main objective of the congress and of such initiatives is to normalize and legitimize this practice. Work is under way to increase the rental stomachs market and obtain legal protection. Although the birth of surrogate pregnancy dates back to the 1980s, so far it has not acquired as much centrality at the public level. In recent times, however, we are witnessing the normalization and mediatization of the phenomenon: numerous personalities for this practice, legalization of politicians, congress in Bilbao, etc.
Through cultural work (media, social networks…) it has been widely disseminated in recent times. The dehumanization of the market is needed for this. In other words, they exclude women with children from the debate, and they replace it with people who cannot have children and claim the right to have a child.
On the other hand, although within the framework of institutional policy there are different positions around surrogate pregnancy, recently the legitimization of surrogacy is being imposed.
Let's talk about quantities. How many do you practice?
It is impossible to quantify these covert practices and get correct data. According to the latest estimates, however, 20,000 children are born every year in the world through rental tents. In addition, 250 children were registered in Gipuzkoa, Álava and Bizkaia in 2018 and 3,273 in the Spanish state between 2010 and 2018.
What is the process like? From a child and buyer.
According to the country and the contract, the processes are different. But to mention general and common characteristics: the contractors come to an agency and the company is responsible for the union of mothers and contractors, as well as for compliance with the wishes of the contractors, for example, to guarantee genetic links.
The process experienced by pregnant women varies by location, but the control of their bodies is total. The company has control over everything the woman lives for nine months: food, relationships, leisure, etc.
We can also see tougher situations in which women suffer general isolation or are abducted to have children. In childbirth, mothers take off their children without giving any choice.
Are there mafia and dehumanizing attitudes behind surrogate pregnancy?
We can say that the same practice is dehumanizing. The birth of the child is performed in the logic of the sale, that is, it is born to be sold, so it dehumanizes the child. In addition, women make us simple machines for having children.
"We can also see extreme situations in which women have to endure general isolation and/or have children abducted"
You said that the situation is changing internationally, what are the most known types of stomach for rent?
In states where this practice is legal, there are two modalities: commercial and altruistic. The difference is in price. The first is paid and the second is called financial compensation (medical expenses, etc.). ). ). Some believe that the existence of remuneration conditions the will of women, and many defend altruism as if the commercial codified women and children.
However, although in the altruistic model it is in exchange for compensation, the money is still involved. In the case of egg donation, which is also compensatory, these women do it for money; for example, if the process has gone well, they offer more money to women to participate in another process.
The altruistic mode, far from ending the commercialisation of reproduction, allows the same practice, as is the case in the United Kingdom. Altruistic subrogation has been legal since 1985, but since supply and demand do not match, buyers go outside the UK looking for children. This legitimizes and legalizes the practice. The legalization of the practice increases its use: In 2011, they went from 117 children to 435 in 2021.
In Basque Country, what is the legal situation of the Spanish and French states?
In the case of the Spanish State, Article 10 of Law 14/2006 establishes the nullity of contracts. Law 1/2023 also provides for the promotion of campaigns and the prohibition of advertising. However, the Instruction of 5 October 2010, which makes it possible to legalise these situations, is still in force and therefore the reality is not in accordance with the legal situation.
In the French State the situation is similar. Civil Code provides for the invalidity of contracts (paragraph 16-7). The Penal Code also provides for a one-year prison sentence and a fine of EUR 15,000 (art. 227-12) for adopters of a child and those seeking to mediate the abandonment of a child born or unborn. Although prohibited, the Circular of 25 January 2013 allows the registration of foreign registrations provided the formal requirements are met.
Some have claimed that the legislature of the Spanish Government has been an equality legislature, but what have they done to end this practice?
While the Ministry of Equality has described womb wages as violence against women, this practice is carried out in a real way. The political dimension and capacity of this global market are above the wishes of the institutional parties of a state. During these years the inability of the Government of Spain to control the market of the rental stomachs has become evident: the news talks about this topic, in the series we can see the practice of the rental stomach, the children born from this practice are brought without problems to the Spanish state, etc.
The decision-making capacity of the Member States has been compromised by the proposal of the filiation document that has been discussed in the European Union in recent times. In this way, even if surrogate pregnancy is alleged in one Member State, it would be possible to do so in another Member State of the European Union. Acceptance of a filiation relationship in a State in which this practice is legal would imply acceptance in all other countries. In other words, the capacity of a state would be left to nothing, because the supranational legal framework would prescribe it.
"The way to end all this is to overcome the capitalist base and build a socialist society that brings real freedom to working women"
Going back to the Bilbao Congress, I heard an organizer say that wiser renting is a phenomenon that is taking place in progressive and democratic societies. Do you think something is progressive?
This market and all those who want to legitimise it ignore the brutal exploitation of working women. They focus on those who cannot have children, claiming the right to be children. But is it permissible and legitimate for you to ask a woman to have a child? Is the exploitation of women a progressive practice? And limit children to empty merchandise? Painting with progressive discourses is another phenomenon to deepen the oppression of working women and increase the power of capital.
Likewise, in recent years we have often heard the motto “my body my decision”. Do you think surrogate pregnancy is an individual freedom and therefore should be respected?
We are talking about a market that encourages the savage exploitation of working women and trafficking in children, so we must be clear that this is not an individual issue, but a social issue that affects all workers.
On the one hand, personal choice is not free, it is a consequence of socio-cultural influence (which will depend on its acceptance, dissemination and interest) and our economic need. It is therefore risky to think that every decision that is made is free and autonomous.
On the other hand, the decision itself should not be legitimate, because that decision affects the social level. The selection of hire stomachs practices normalizes the reproduction market and condemns women in situations of extreme need and deepens in their oppression.
"We are talking about a market that encourages the savage exploitation of working women and trafficking in children, so we must be clear that it is not an individual issue, but a social issue that affects all workers"
How can you stop surrogate pregnancy?
In this economic context we are experiencing structural unemployment and access to this market is being a solution for a large number of working women. It is therefore necessary to fight in the direction that we all have the same quality living and working conditions, so that working women do not have to sell their bodies.
Today, society is structured by capitalist economic interests, within this logic we understand that working women are secondary subjects, which implies that the reproductive capacity of working women is used to obtain more money. Therefore, the way to put an end to all this is to overcome the capitalist base and build a socialist society, which will suppose the real freedom of working women. To this end, it is essential that more and more women join the political organization.