1. THE MARKET FOR BABIES Sonam Pelden

2. Couples who are unable to conceive their own children have sought the help of… 1. Fertility Treatments 2. Surrogate Facilities 3. Adoption Centers In 2003… 1. 41,000 children in the United States were born through assisted reproduction 2. 6,000 were carried by surrogates 3. 21,616 children were adopted

3. Ban on Baby Selling  Baby Selling: Relinquishment of parental rights for monetary compensation  “Babies are too priceless to ever be bought and sold”  Throughout the world Baby selling is formally prohibited  …But throughout the world Babies are bought and sold everyday

4. Baby Market Transaction Claim non-commercial highlighting instead their willingness and ability to help infertile couples realize their dreams of starting a family …But large sums of money change hands and transaction takes place between consumers (prospective parents), middlemen (Baby market intermediaries) and suppliers (Baby suppliers)

5. Distinct Market Attributes  Enormous controversies and raises public policy issues  Demand in the baby market is price insensitive  no suitable substitute products  Baby Market consumers behave like desperate parents, rather than rational consumers

6. Defining the Baby Market Industry Segmentation 1. Artificial Reproductive Technologies (ART) 2. Surrogacy 3. Adoption Services and stages of production provided by these sectors can differ from one another, but they all share the common goal of providing a child to an infertile couple.

7. ART: The Business of Assisted Reproduction  Fertility Treatment constitute $3 billion industry, serving 1 million customers every year, in 428 clinics  Services include medical advice, fertility testing, In- Vitro Fertilization (IVF) and Preimplantation Genetic Diagnosis (PGD)  $12,400 per IVF cycle, total fees of as much as $100,000 before couples conceive or give up

8. Surrogacy: Gift of Life or Ultimate Outsourcing?  Gestational surrogacy  Prohibited in Canada, UK and Japan  Uncertainty over legal enforceability in the US  Legalized in India  Surrogacy cost in the US: $150,000  Surrogacy cost in India: $10,000  Indian surrogate industry has grown to an estimated $500 million

9. Adoption: Useful Labor, Priceless Treasure i. State Run Public Adoption Characterized by minority, older and special needs children Adoption fees below $2,500 i. Private Adoption Agencies (Domestic and International) Characterized by healthy, white infants Adoption fees from $10,000 to $40,000

10. Price & Product Differentiation Demand for particular genetic preferences has led to highly differentiated pricing 1. ART: donors with rare or desired traits demand higher prices 2. Surrogacy: Gestational surrogacy compensation vary within a narrow range 3. Adoption: Price differentiated based on race, age, special needs and other consumer preferences

11. Economic or Altruistic motive?  Baby Market sectors are usually  1. Affiliated with non-profit institutions 2. Highlight that profit seeking and market forces are secondary considerations But Engage in elaborate marketing efforts  1. Hire marketing consultants 2. Advertisements on billboards, TV, newspapers… 3. Shared risk and Money-back guarantee programs

12. Defining the ‘Ban’ on Baby Selling Prohibition of direct transaction of babies and baby making components between prospective parents and baby market suppliers Legal restriction on market access by suppliers Enhancing the role of baby market intermediaries Fees, donations and reimbursements take the place of purchase price

13. The Role of Baby Market Intermediaries Baby market participants are not repeat players, when buyers and sellers seek each other out: severe information disparities High search cost  Intermediaries capture gains from trade by; 1. Centralizing the search function 2. Reducing risk and information asymmetries 3. Certifying the quality of the goods 4. Monitoring warranties and contract terms

14. The Institutional Framework  Large Profit flows for Baby Market Intermediaries 1. One-sided legal restriction that limit compensation to Baby Market Suppliers 2. Price fixing agreements in the baby input market 3. Legal uncertainty regarding enforceability of surrogacy contracts and restraints on surrogate compensation 4. Adoption regulation and licensing

15. Baby Selling Bans as Rent Seeking  Baby Market Intermediaries attempt to harness the state’s power to extract private benefits under the guise of public-interest regulation  Asymmetric Pricing Restriction  limits amounts paid to baby suppliers, while allowing baby market intermediaries a free hand in setting the price charged to prospective parents

16. Traditional Oligopsony Model  Baby Market Characterized by small number of buyers (Intermediaries) and large number of sellers (Suppliers of baby and baby making components)  Capping input prices reduces the available supply for both Baby market intermediaries and consumers.  Baby Market Intermediaries accept reduced access to inputs in exchange for lower purchase price  Oligopsony power produces inefficient supply levels

17. Cartel Power  Legal rules in the Baby Market decrease the private costs of cartel formation and enforcement and of policing market entry  Anti-competitive nature of this institutional framework rarely elicits comment or controversy, because of the persistent dialogue of supplier altruism and donation

18. Baby Market Intermediary: Consequences 1. Independent entry into the baby market becomes less attractive for many baby market suppliers 2. Inefficiently low supply and high consumer prices 3. Distributional concerns stemming from the distorted division of profit between baby market intermediary and supplier What about a free and open market for Babies?

19. Free and Open Market for Babies? 1. Higher supply of Babies 2. Newborns of higher quality 3. Lower cost of acquiring children 4. Low barriers to entry, and enormous difficulties in cartelization 5. Reduced number of Foster care children 6. Weaker roles of baby market intermediaries

20. Free Market Objections 1. ‘Good’ babies may drive out the ‘bad’ 2. Supplier incentive to withhold accurate information 3. Higher total population 4. Encourage genetic breeding 5. Cost of costing 6. Commodification

21. The Cost of Regulatory Pretense Policy makers worried over commercialization that took place long ago 1. Forgone opportunity to develop legal policies designed to improve the functioning of the market 2. Forgone opportunity to improve existing public policies 3. Prevents full compensation to certain suppliers but not the baby market intermediaries

22. Romanticizing of the Baby market  Open Market undermines primary human values  But banning the baby market is politically infeasible in the United States  Uplift societal pretense regarding the existence of legal baby markets  And design public policies to protect the best interest of children.

23. Baby Market: Distribution of unwanted babies Shortage of healthy, white infants will force parents into the state foster case system that, sadly, does not suffer from a shortage of supply Any system increasing the supply of children requiring adoption would be counter-productive Design a system that not only meets the desires of childless couples, but also take care of a limited number of unwanted newborns, with the incidental side effect of bringing joy to childless couples

24. Thank you