To Prohibit or Permit: What Is the (Human) Rights Response to the Practice of International Commercial Surrogacy?
International & Comparative Law Quarterly, Vol. 63, No. 2, 2014
36 Pages Posted: 7 Aug 2014
Date Written: August 5, 2014
The last 10 years have witnessed rapid growth in the practice of international commercial surrogacy. This has created serious legal and ethical dilemmas with respect to the nationality and parentage of children conceived under these agreements and the potential exploitation of not only surrogate mothers, but also the intending (or commissioning) parents. These dilemmas have been examined by the Hague Conference on Private International Law, whose Permanent Bureau has prepared two preliminary reports, which seek to address ‘the practical needs in the area’ and examine whether a multilateral convention might address the private international law issues arising under international surrogacy arrangements.
Keywords: international law, children's rights, commercial surrogacy, human rights law, private international law, women's rights
JEL Classification: K00, K33, K39
Suggested Citation: Suggested Citation