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26 Can. J. Fam. L. 13 (2010)
Revisiting the Handmaid's Tale: Feminist Theory Meets Empirical Research on Surrogate Mothers

handle is hein.journals/cajfl26 and id is 13 raw text is: REVISITING THE HANDMAID'S TALE: FEMINIST THEORY MEETS EMPIRICAL RESEARCH ON SURROGATE MOTHERS Karen Busby and Delaney Vun* Abstract: After briefly reviewing laws on surrogate motherhood in Canada, the United States, and Britain, the authors consider nearly 40 empirical research studies on the characteristics and experiences of women who have been surrogate mothers. Empiricism meets feminist theory as we revisit arguments against surrogacy arrangements, including the inability to give informed consent, the inherently exploitative nature of the arrangements, and the dangers of commodification. In light of our observations based on the empirical research, we argue that it may be time to review Canadian surrogacy laws. Karen Busby is a professor in the Faculty of Law, University of Manitoba. Delaney Vun was a student at the same faculty and is now a lawyer at Filmore, Riley in Winnipeg. The authors would like to thank Marie MacLellan, a law student at the University of Manitoba, who provided research assistance for this paper and the support of the University of Manitoba Legal Research Institute in funding her work. The authors also benefited from the work of Regena Rumancik, a library assistant at the University of Manitoba, Kimberly Siu-Chong, a then law student at the University of Ottawa, and comments by Jan Lederman, Mary Shariff, Debra Parkes, Anthony Infanti, Kim Brooks, Louise Langevin, DeLloyd Guth, and the members of the Assisted Human Reproduction Subcommittee of the Women's Legal Education and Action Fund (LEAF), especially Liana Nakonechny. LEAF was not asked to endorse this paper and its views are only those of the authors. This article was completed in September 2009 and reflects the law and the research as of that date.