Compensation in the context of surrogacy: a feminist perspective on the insistence on altruism

This chapter will interrogate the question of payment and the Australian insistence on ‘altruism’ in the context of surrogacy. It will suggest amendments to section 44 of the Assisted Reproductive Treatment Act 2008 (Vic), which prohibits payment to a surrogate beyond ‘prescribed costs actually incurred’. Most of the chapter takes the form of the Second Reading Speech, which begins by setting out the problems with prohibiting compensation. It then turns to focus on the question of exploitation, debunking the myth that exploitation is inherent in compensation. Finally, the chapter sets out proposed amendments to the legislation.