The practice of surrogacy as a phenomenon of ‘bare life’: An analysis of the Japanese case applying Agamben’s theory

Abstract

This article elaborates the cultural and political structures that inform the belief among Japanese that surrogacy is legitimate. It argues that this belief reflects a transition from previously negative attitudes toward surrogacy practices developed in the United States. The article first elaborates the history of the Japanese recognition of surrogacy by introducing early forms of East Asian surrogacy that lasted until the first half of the 20th century. Second, it explores the recent shift in Japanese discussions about surrogacy through an analysis of cultural representations on the topic, mainly referring to a dataset of magazine articles published from 1981 to the present. The author then calls upon Giorgio Agamben’s theoretical framework to discuss the juridico-political perspective of ‘bare life’ as it relates to surrogacy, and argues that considering surrogate mothers and children conceived through surrogacy as bare life makes surrogate practice seem reasonable in modern Japanese society. To conclude, the article stresses the importance of incorporating women’s reproductive functions into law to prevent women and their conceived children from becoming bare life, and being exposed to violence, in the form of a surrogacy contract.