New reproductive technologies and kinship
Reproductive Technologies are designed to intervene in the process of human reproduction. They fall into four groups:\
a) The first and the most familiar group includes those concerned with fertility control: with preventing conception, frustrating implantation of an embryo or terminating pregnancy,, i.e. contraceptive technologies
b) The second group of RTs is concerned with the 'management of labour and childbirth'.
c) The third group includes those concerned with improving the health and genetic characteristics of foetuses and of newborn babies.
d) The fourth group includes conceptive technologies, directed to the promotion of pregnancy through techniques for overcoming or bypassing fertility (Stanworth: 1987:10-11 )
Various stances on the new reproductive technologies
There are various positions that have been taken vis-a-vis NRTs. They are as follows:
a) NRTs are valuable and should be applied as extensively as possible.
b) It is not appropriate to interfere with the natural and divine order by using these advanced technological procedures.
c) These technologies have to do with power relations and can be misused if they fall into the wrong hands.
d) NR Ts are a new form of male control where the · masculinist' nature of science becomes obvious
Some NRTs in India
Artificial Insemination: The woman's partner's or a donor's sperm is inserted into the woman's uterus. If the woman conceives, the rest of the process is natural.
In-vitro Fertilization (IVF): This involves fertilization outside the female body. The eggs and sperm (the couples' or donors) are placed in a dish where fertilization occurs. The resulting embryo is then transferred to a woman's uterus.
Gamete Intra-fallopian Transfer (GIFT): Conception is facilitated by adding the man's sperm to a fluid containing his partner's eggs and transferring them together and directly to the fallopian tubes at the most favourable time of the menstrual cycle.
Zygote Intra-fallopian Transfer (ZIFT): The procedure is the same as IVF except that the fertilized egg is transferred a few hours earlier into the fallopian tube rather then in th~: uterus,, thereby mimicking a natural pregnancy more closely.
Intra Cytoplasmic Sperm Injection (ICSI): Through micromanipulation of sperm, it is immobilised,, and a single sperm is injected into the egg in a petri dish.
In the contemporary
globalised world, a range of reproductive possibilities are now available, many
of which raise important socio-anthropological questions related to the balance
of power inherent in such interactions, the different practices and regulations
involved in the delivery of ARTs and the individual and cultural significance
of these practices. One of the most controversial issues amongst feminist
groups has certainly been the impact of ARTs in reinforcing patriarchal medical
control and heteronormative expectations. While the prospect of ARTs initially
seemed to offer women the opportunity to be free from the biological
constraints associated with reproduction, such hopes rapidly gave way to major
criticisms and the denunciation of several aspects of ARTs which ran counter
to women’s empowerment and well-being.In
particular, many feminists opposed the strengthening of male surveillance over
the female body and women’s reproductive capacity through the use of reproductive
technologies. This criticism was part of a wider movement that denounced the
overmedicalization of pregnancy and childbirth in a male-dominated medical
system (Oakley, 1987). For some, ARTs were in fact the “very instrument of
patriarchal oppression” which allowed men to intervene and exercise
greater control over the female body . According to some authors,
such as Catherine Waldby (2008), due to its reproductive capacity, a
woman’s body also becomes a commodity with added value, a “biovalue”, which has
the potential to be made available, transferable and open to commercialization,
in what has become a very lucrative market . More specifically, ova
donation and surrogacy, even when altruistic (Konrad, 2005), place these
women in the “reproductive bioeconomy”, which is based on reproductive “labor”
and “tissues” . This notion of “labor” is precisely the perspective
adopted in a number of papers published in a recent issue of the feminist
journal Cahiers du genre to gain an insight into the involvement of
both ART users and suppliers. This issue focuses on and develops further the
concept of “reproductive labor” (“travail reproductif”), which essentially involves women and has remained
invisible for a long time. This concept of reproductive labor was developed out
of the notion of “productive labor” (“travail productif”) which originally emerged from the celebrated 1982
interdisciplinary symposium Femmes, féminisme et recherche, which took place in Toulouse and led to the recognition
of feminist studies as an autonomous field of research in France.
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Access to ARTs indeed
continue to be a privilege enjoyed by those possessing sufficient means,
especially within countries where reproductive assistance is not subsidized or
even available. This is why many feminists have drawn attention to the social
disparities that ARTs contribute to replicate, and even reinforce with respect
to gender, social class, ethnic origins, age, nationality, or sexual orientation.
Such disparities are not caused and reinforced only by ARTs, but they are also
strongly linked to existing social structures. Furthermore, although ARTs have over time
contributed to querying the biocentric and bilateral family model, by
facilitating the emergence of new family structures (we shall come back to this
later), they may nevertheless participate in reinforcing a profoundly
heteronormative logic. Marylin Strathern’s work has been influential in
this area and demonstrates how ARTs blur the boundaries between what is
considered as “natural” and what is deemed to be “cultural” . Indeed, when in vitro
fertilization is substituted for sexual intercourse, not only does it replicate
“natural conception” and make one lose sight of the “natural” character
of conception by “artificialize[ing] the very facts of life”, but it creates
biology itself, making these techniques capable of producing “the effect of
naturalized origins”. Nature henceforth appears both manipulated and manipulatable
) through “these new assisted conception techniques ‘born’ of the union of
reproductive substance and technological innovation” .
More
generally, ARTs highlight the dissociation between several aspects of procreation:
the desire for a child, conception, pregnancy, childbirth, and child-raising.
They thus permit a diffraction of the paternal and maternal roles. This distribution
of parental functions amongst several people is not always new or even limited
to ARTs. It has been observed by ethnologists in many societies where a
distinction is made, for example, between the mother who bore and breastfed the
child and the one who nurtures them. However, it was ARTs that introduced
a groundbreaking change into the concept of “parent” by involving third parties
who are active in the conception of the child. In particular, now, the maternal
role may be shared between two or even three women: she who desires motherhood
and intends to parent the child, she who donates the egg required for conception
of the embryo, and, where a surrogate mother is required, she who carries the
child. The arrival of the surrogate mother—a situation that, unlike gamete
donation, is difficult to conceal—thus constitutes “an intrusion in the
childbirth scene” (.
Prior to the development
of ARTs, the paternal function could already be shared by two men in situations
where procreation was not possible by the couple alone. Such a situation has
been the classic theme of many stories in which, subsequent to years marked by
unsuccessful attempts with her husband, the wife very discreetly takes on
another man and allows him to become the procreational substitute for her
husband. The major change brought by medical sperm donation is not so much
related to the technical aspects of it, but rather the status of such
donation. Indeed, this donation is generally anonymous, since in many countries
the identity of the gamete donor is not revealed and the intending father is
automatically declared to be the legal parent, and thus seen by all as the
child’s genetic father. Additionally, such intervention within a medical
framework that avoids a sexual encounter between the sperm donor and the future
mother means that using a procreational substitute for the husband is no longer
considered as adultery.
However, it is sometimes
not acceptable for a couple to use another man’s sperm to fertilise the female
partner’s egg (Fortier 2005). Such an arrangement may also lead the intending
father to be unsure of his identity as man or parent. It is not insignificant
that many parents who have used sperm donation hide the details of their
conception from their children, even in countries where such anonymity has been
eliminated. One should point out that in some communities and societies, such
as amongst Sunni Muslims, gamete donation remains taboo and subject to
marginalization .
Where
the solicitation of third parties is authorized for reproductive purposes —a solution
which is increasingly common— non-biological parenthood becomes relatively
acceptable and visible, and as a result challenges the dominant biocentric
model of parenthood. The affirmation of this non-biological parenthood is part
of a wider movement of recognition and promotion of elective parenthood,
reflecting the commitment and daily involvement in raising and caring for a
child. However, ARTs generate a paradoxical situation in this respect. Indeed,
these technologies are often sought out and used with a view to having a child
that is biologically, either through the genes or blood, related to at least
one of the intending parents, thus reinforcing some kind of biologism.
Empirical studies examining the uses of ARTs have highlighted the fact that in
some societies, especially those where there has been broad dissemination of
biomedical knowledge regarding the body and its functions, biogenetic
knowledge appears to have become more important than ever before with respect
to the way in which people today perceive the world around them. At the same
time, the proliferation of reproductive techniques involving the intervention
of third parties is helping to normalise non-biological parental practices.
Parenthood through non-traditional routes such as adoption or with the use of
third party genetic material has become a highly valued and respectable route
to parenthood, even though, as found by Martha Ramirez Gálvez, and discussed in
her paper in this issue, such a route to parenthood can also be regarded as a
second best substitute to conceiving naturally.
The
ultimate question therefore seems to be about whether one prioritizes blood or
elective ties. In other words, is it blood—a metaphorical synonym of genes—or
is it parental commitment that ultimately decides the child’s lineage? Though
such questions may appear relevant, they do nonetheless tend to reduce this
issue to a dichotomy between the blood ties on the one side and the social
ties on the other, whilst this distinction is not supported by current
empirical research on this topic. Janet Carsten therefore suggests using
the term ‘relatedness’ rather than ‘kinship’ (Carsten, 2000), a term that
could be translated in French by apparentement, in order to cover
both the biological and social aspects of parenthood, while underlying the
relationship between them.
Additionally,
above and beyond the assumed tensions between blood ties and social ties, what
contemporary family structures really call into question is the exclusiveness
of kinship (Schneider, 1968, Fine, 2001). A growing number of Western societies
have now opened up, socially and legally, to forms of parenthood that are not
based on biology. Furthermore, they sometimes even recognise same-sex parenthood,
thus moving beyond the heterosexual . However, it is still difficult to
envisage and accept the integration of additional parental figures as part of
the life and identity of a child, particularly from a legal point of view.
Marilyn Strathern(1992),
in particular has used discourses about recent technological developments to
question the place of nature not just in kinship, but in wider knowledge
practices in Euro American culture. Nature, she argues, can no longer be
considered as the grounding for culture or as simply there to be revealed or
discovered. It is partly produced through technological intervention. Kinship,
Strathern argues is of particular significance precisely because, in Euro
American ideas, it has been thought of as a realm where nature and culture
interconnect. Nature is of course the necessary ground from which culture
emerges, and kinship like culture is thought of as being based in nature. Strathern argues
that in the late 20th century English culture, nature which had previously had
the status of a prior fact, a condition for existence has lost its grounding
function as a condition for knowledge. This does not mean that nature has
disappeared; to the contrary, it has become more evident. What is taken to be
natural has itself become a matter of choice. Whereas kin relationships
previously would have been seen to have their basis in nature, and could be
socially recognized or not, the effects of assisted reproduction are that
relations can be perceived either as socially constructed or as natural
relations assisted by technology. Apart from the distinction between nature
and culture, ARTs have challenged the Western kinship model, based on
biological reproduction, i.e. “characterized both by its
bilateralism (transmission by the two family branches, paternal and maternal)
and by blood ideology, this being seen as responsible for transmitting physical
and moral characteristics of the same lineage”
Helena Ragone’s(1994),
study of surrogate motherhood and American kinship shows how surrogacy
contradicts a number of cultural norms. Surrogacy deemphasises the blood tie
between the surrogate and the child and second, it deemphasises the surrogate’s
tie to the father vis a vis the child. Thus the traditional symbol of unity
between the surrogate and the father created by the child is circumvented,
along with any lingering notions of adultery. Fathers and adoptive mothers each
develop different strategies to resolve the problem posed by surrogate
motherhood. Ragone shows how surrogate mothers are anxious to negate an image
of themselves as motivated primarily by commercial concerns. By invoking an
idiom of the gift, surrogate mothers substitute altruism and generosity for the
financial gain that is deemed inimical to the realm of kinship. This
substitution bypasses the relation between genetic father and surrogate mother,
which carries connotations of adultery and illegitimacy, and focuses instead on
sharing, reciprocity and even sisterhood between the two women. Jennifer
Harington, Gay Becker and Robert Nachtigall(2008), examine the absence of
biological relatedness in couples where the use of third party gamete donor
casts doubt on the notions of conventional kinship. The authors observe that
individuals who use technology to create a family remediate relatedness through
a dehistoricized idea of kinship in which the traditional concept is replaced
with the concept of chance. The use of donor gametes precludes the possibility
for a conventional biological reproduction.
Jeanette Edwards (2004),
carried out residential fieldwork in “Alltown” in the Northwest of England,
between 1987 to 1988, then in 1990 and again in 2000. In 2000 his aim was to
reinvestigate the ways in the residents think about the developments of NRT’s.
Incest emerged frequently and unexpectedly in the conversations of NRT’s to the
residents of Alltown. Many Alltown people describe a scenario in which children
born of gametes donated from the same person will meet up as adults, and not
knowing that they are related, fall in love, marry and have children together.
Another danger identified is that children born of the same surrogate mother,
again not knowing that they are related, will 3 meet up, fall in love, marry
and have children together. It was reported that children born out of such
unions will be disabled or deformed. Incest then can inadvertently and
accidently stem from surrogacy arrangements. Incest is thus not confined to the
inappropriate mingling of certain biogenetic materials but is a function of
closeness. In the English kinship children gestated in the same womb are too
close regardless of their genetic connection. In this kinship thinking a man
donating sperm to his daughter, or a woman donating ova to her son, is self
evidently incestuous. Sexual intercourse is not a prerequisite for incest. The
point to underline here is that the concept of incest connotes a boundary that
ought not to be crossed and requires neither sexual intercourse nor genetic
connection to arouse a real sense of concern or distaste. Moreover there will
be disruption of family norms if a father will provide sperm to his son or
mother will provide ova to her daughter. It was also pointed out that later
gamete donors who are also the relatives of the child born will interfere in
the upbringing of the child. So most of the residents preferred anonymous
donors or non relatives.
Charis
Thompson’s (2001), study examines gestational surrogacy and in vitro
fertilisation by ovum donation that leads to different kinds of kinship
configurations. Thompson sites the examples of six cases where donor egg or
surrogate mother is a close friend or a family member. In one of the cases a
women gestate embryos made from a close friend who is also from the ethnic
background as hers and sperm from her husband. In another case a women will
gestate embryos made from either her sister or a close friend and sperm from
her husband. In yet another case a sister will be the gestational surrogate for
her brother’s child. Although it could have been a case of incest if nature
would not had been denaturalized. In another interesting case a women will
gestate embryos made from her daughter’s eggs and sperm from the women’s second
husband. This is also a case of incest. In all the above cases new reproductive
technologies are implicating kinship relations. It is at this stage that law
and state comes to play a very important role.
Kahn’s (2000), work on
assisted conception in Israel vividly illuminates the extraordinary lengths to
which the state and the religious authorities in Israel go in order to
reproduce citizens. In Israel unmarried woman are allowed to assess sperm
donation free until the birth of two live children. But according to Rabbinic
law a Jewish woman is allowed to inseminate through the sperm of non Jewish men
only. Since Jewish status is transferred matrilineal, a child conceived by
artificial insemination using non Jewish sperm is fully Jewish. The use of non
Jewish sperm also resolves the issue of the prohibition of masturbation for
Jews, which is not binding for non Jews. As far as legal issues are concerned
jurisdiction in various countries have held different views regarding new
reproductive technologies. The Warnock report or the Report of the Committee of
Inquiry into Human Fertilization and Embryology appeared in July 1984. It is
the law only which resolves the ethical issues regarding new reproductive
technologies. In the case of surrogacy the surrogate is not considered the
legal mother as she does not have any genetic connection with the child. A contract
is signed between the surrogate and the couple that after the child is born she
will have no rights on the child. While in the case of artificial insemination
or in vitro fertilization by using a third party donor gamete the husband and
wife are considered to be the legal parents and not the donors. The semen or
ovum donor will have no relation to the child. In India, according to the
National Guidelines for Accreditation Supervision and Regulation of ART
clinics, evolved in 2005 by the Indian Council of Medical Research and the
National Academy of Medical Sciences, the surrogate mother is not considered
the legal mother. The Assisted Reproductive Technology Regulation Bill was
passed in 2008 which provides some rights and regulations in relation to surrogacy.
The case of India is quite different.
Aditya
Bharadwaj(2003), tries to examine why adoption is not an option in India in
case of infertility. In Hindu normative order the birth of a child, a son in 4
particular helps an individual to achieve moksha. In India fertility like
infertility is socially visible. The Hindu cosmology conceptualises an intimate
connection between the body and the progeny. This corporeal connection between
the married body and its offspring is at once biological and social. It
inextricably binds mother(womb), father(semen) and child(foetus) in an
immutable triad. Infertility becomes a stigmatized condition when these
superimposed triads are destabilised. So couples resort to treatment but prefer
to keep it a secret. The need to keep it secret becomes more pronounced in case
of an alien biological input because if it is known publicly then it would be
disastrous for the couple. Couples who turn to assisted conception do so in the
hope of restoring the visible social triad and to create an illusion of
culturally unproblematic visuality of fertility. The resort to assisted
conception and its presentations are attempts to manage infertility and the
stigma attached to it in a manner that causes minimum injury to the
relationship between the accepting donated sperm than choose the option of
adoption, an option that evokes widespread fears of making infertility
permanently visible.
Amrita Pandey (2010),
conducts ethnography of transnational surrogacy in Gujarat, India and argues
that existing Euro centric and ethics oriented frames for studying surrogacy
makes invisible the labour and resistances of women within this process.
Surrogacy often equated with sex work is usually stigmatised in India. As a
consequence all surrogates in this study decided to keep their surrogacy as
secret from their community, society and parents. They usually hide in
surrogacy hostels in the last months of pregnancy. Most of the surrogates are
very poor and so they decide to become a surrogate for the purpose of earning
money either to build their own house or for the education of their own
children. Also India becomes a destination for foreign couples because either
surrogacy is banned in their countries or the cost of surrogacy in India is
very low compared to the other developed countries.
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