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Health Law and Policy

Surrogacy

Kimberly D. Krawiec

Institution
Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

A Woman's Worth, Kimberly D. Krawiec Dec 2009

A Woman's Worth, Kimberly D. Krawiec

Kimberly D. Krawiec

This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency, earning power, or status. Moreover, anticommodification and coercion rhetoric is sometimes invoked in these settings by interest groups who, at best, have little interest in female empowerment and, at worst, …


Price And Pretense In The Baby Market, Kimberly D. Krawiec Jan 2009

Price And Pretense In The Baby Market, Kimberly D. Krawiec

Kimberly D. Krawiec

Throughout the world, baby selling is formally prohibited. And throughout the world babies are bought and sold each day. As demonstrated in this Essay, the legal baby trade is a global market in which prospective parents pay, scores of intermediaries profit, and the demand for children is clearly differentiated by age, race, special needs, and other consumer preferences, with prices ranging from zero to over one hundred thousand dollars. Yet legal regimes and policymakers around the world pretend that the baby market does not exist, most notably through prohibitions against “baby selling” – typically defined as a prohibition against the …