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

U of Melbourne Legal Studies Research Paper No. 689

36 Pages Posted: 7 Aug 2014

See all articles by John William Tobin

John William Tobin

University of Melbourne - Law School

Date Written: August 5, 2014

Abstract

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

Tobin, John William, To Prohibit or Permit: What Is the (Human) Rights Response to the Practice of International Commercial Surrogacy? (August 5, 2014). International & Comparative Law Quarterly, Vol. 63, No. 2, 2014, U of Melbourne Legal Studies Research Paper No. 689, Available at SSRN: https://ssrn.com/abstract=2476751

John William Tobin (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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