Birth Power: The Case for Surrogacy

by Carmel Shalev

In this book a feminist lawyer argues in favor of surrogate motherhood, contending that the law must treat women who choose to become surrogates as autonomous parties to a binding contract. To do otherwise, says Carmel Shalev, is both to reinforce a paternalistic system that governs reproductive law and to deny women legal equality and autonomy. Reviewing family and reproductive issues from ancient times to Baby M., Shalev argues persuasively that to overcome the psychological constraints of a patriarchal society, it is necessary for women to regard themselves as responsible for their reproductive decisions. "A liberal feminist lawyer argues forcibly that women should have the legal right to sell their reproduction services (and the obligation to fulfill their contracts)."— New York Times Book Review  "A fascinating historical account of attitudes to reproductive medicine as seen from both a feminist and a legal perspective."—Peter Bromwich, Social History of Medicine  "Carmel Shalev presents her argument for ’a free market in reproduction,’ for recognition of ’the reproducing woman as an autonomous moral and economic agent,’ with intelligence, force, and erudition. This is a book that will provoke passionate response from lawyers and feminists—indeed, from anyone concerned with the social, economic, and legal aspects of reproduction in our age—and should be read for that very reason."—Nancy F. Cott  One of the 1990 New York Times Book Review Notable Books of the Year

216 pages, Paperback

First published September 10, 1989

Reviews

[Annie · Rating 4 out of 5]

Dated but still relevant. I like the idea of reproductive power as economic power/liberation.

[Jill · Rating 4 out of 5]

Not easy to get through - definitely written for the scholar rather than the lay reader in mind. However, there is some fascinating stuff about marriage written from a feminist perspective, as well as what makes someone a mother, and whether you can separate social, biological, and gestational motherhood by way of contract law. She includes a history of adoption, artificial insemination, and surrogacy to frame her argument. Maybe you have to be a geek to read this for "fun", but I enjoyed it.