Individual responsibility or trust in the state: A comparison of surrogates’ legal consciousness

Abstract

Drawing on ethnographic research in the United States and Israel, two countries that have long-term experience with surrogacy, we compare surrogates’ understanding of, approaches to, and expectations about regulation. Women who become surrogates in these two countries hold opposite views about regulation. US surrogates formulate their rejection of standardized regulation—including standardized screening and contracts—by emphasizing their own responsibility for the legal, relational, and medical aspects of surrogate pregnancy. They want more oversight of fertility clinics and surrogacy agencies but ultimately argue for individual accountability. Israeli surrogates, conversely, support centralized government regulation of the practice and even defend Israel’s centralized regulation of surrogacy; many advocate for the extension of the law and the state to assume more responsibility for these arrangements. We discuss these differing formations of legal consciousness in terms of Engel’s conceptualization of “individualism emphasizing personal responsibility” versus “rights-oriented individualism.”