Criminalising commercial surrogacy in Canada and Australia: the political construction of 'national consensus'

This article examines the language used to justify a criminal prohibition on commercial surrogacy in Canada and Australia. I demonstrate that legislators in each country framed commercial surrogacy as an area over which there was national 'consensus' because of uniquely Canadian and Australian values. This was an effective political strategy, but for different reasons in each country: in Canada, because it fit with frames surrounding healthcare and anti-commercialisation, and in Australia, because the distinction between 'altruistic' and 'commercial' surrogacy mapped onto broader themes of altruism in Australian society. This suggests that the political use of national frames is especially successful when it taps into pre-existing narratives of what constitutes unacceptable behaviour in a given polity, and when it is attached to criminal prohibitions.