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U.S. News
03 February 2025

Financial Exploitation Permeates Surrogacy And Baby Formula Industries

Surging costs and ethical dilemmas confront families seeking parenthood and infant nutrition.

The business of surrogacy has ignited debates about ethics and rights, as financial exploitation becomes increasingly visible. The surge has led to growing concerns about how women and children are treated within this industry. Similarly, parents across the UK face another form of exploitation through skyrocketing baby formula prices, brought on by manipulative marketing tactics from corporate manufacturers.

One high-profile case is Baden Colt, who recently gave birth via surrogate Ashley. Colt required surrogacy due to health conditions related to her epilepsy and has spent considerable resources on reproductive technology. For her, surrogacy is more than just medical assistance; it’s about creating family. She reflects on her gratitude toward Ashley, demonstrating how personal experiences intertwine with broader societal issues.

Nonetheless, the rise of surrogacy has stirred controversy. An international coalition recently drafted the Casablanca Declaration of 2023, denouncing surrogacy as exploitative and calling for its abolition. Critics argue surrogacy commodifies women and undermines the well-being of children who enter the world under such arrangements. Kallie Fell, the Director of the Center for Bioethics and Culture, firmly believes surrogacy prioritizes the desires of adults over the inherent rights of the children involved.

According to the World Health Organization (WHO), around 17.5% of adults worldwide grapple with infertility, underscoring the demand for surrogacy services. While infertility can strike individuals from all socioeconomic backgrounds, the pathways to parenthood are riddled with economic pressures—often exceeding hundreds of thousands of dollars when factoring medical fees, legal fees, and the costs associated with surrogacy.

Countries such as Italy, Germany, and France have banned domestic surrogacy, citing moral concerns, whereas jurisdictions like California and Mexico allow commercial surrogacy. Critics like Ghislaine Gendron of Women’s Declaration International argue against any regulation, claiming such measures do not protect women’s rights and can often impose financial burdens on them.

Surrogacy agencies sometimes overlook the financial strain placed on potential parents. Sally Rhoads-Heinrich, who once served as a surrogate, argues for compensatory measures to encourage women to participate, citing the current altruistic model as one where surrogates take on considerable risk without adequate compensation.

This sentiment intersects health and economic inequalities. The tragic reality is this: those with financial means can explore options using surrogates, leaving behind many who yearn for parenthood but face insurmountable costs.

Switching gears to the baby formula crisis, the UK market reveals disturbing trends. The Competition and Markets Authority (CMA) is currently investigating soaring prices, which have risen substantially—some formulas increasing by over 30%—while reportedly offering no notable nutritional benefits over their cheaper counterparts. Parents are left grappling with misinformation and high costs, often persuaded by clever marketing to make unnecessary purchases.

Dayna Brackley, a partner at Bremner & Co, emphasizes how the infant formula industry prioritizes profit over health. Many parents have had experiences similar to Brackley’s, where premium branding misleads families about the quality and necessity of advanced formulas. These marketing practices perpetuate the notion of necessity for products deemed not only unessential but potentially harmful—fuelling discussions of regulatory change.

Recent publications by health authorities reveal no nutritional advantage of follow-on and toddler formulas for children aged one to five, yet these products continue to flood the market under misleading pretenses. The WHO has called for heightened regulations within the industry, demanding reforms reflect the recommendations of global health authorities.

The CMA's report is expected to bring forth significant changes. Extensive discussions circulate around implementing price regulations and stricter marketing laws, drawing comparisons with practices established under the International Code of Marketing of Breastmilk Substitutes. Families can no longer bear the weight of exploitative pricing and miscommunication surrounding infant nutrition.

These two issues—the exploitation prevalent within the surrogacy business and the crisis surrounding baby formula—represent more than just consumer complaints; they highlight systemic failures within regulations intended to protect both parents and children. Stronger guidelines are necessary to assure the well-being of the most vulnerable.

While individuals like Colt express hope for responsible surrogacy practices, the struggle remains palpable as families navigate their rights and choices amid rising costs. Brackley aptly points out the stark reality: when families can’t afford what they need for their children, it becomes less about personal choice and more about ethical responsibility.

Each story carries weight, reflecting broader societal concerns about rights, economic pressures, and the responsibilities of industries to prioritize health over profit. Unquestionably, this moment calls for urgent developments to safeguard society’s most vulnerable members.

It is imperative to not only instigate discussions around surrogacy and infant formula but also drive policy changes aimed at protecting parents’ and children's rights, establishing frameworks where ethical practices thrive. The time for change is now, challenging the norms and advocating for genuine care and responsibility within these significant life-changing decisions.