Commercial Surrogacy and the Human Right to Autonomy
23 (2015) Journal of Law and Medicine 365
13 Pages Posted: 4 Mar 2016
Date Written: 2015
Arguments against commercial surrogacy frequently focus on the rights of the surrogate. For example, those opposed to commercial surrogacy often argue that surrogacy arrangements amount to the exploitation of women and the commodification of their wombs. Phrased in the language of rights, such arguments draw on the right to be free from degrading treatment and the right to be free from discrimination. In contrast, those who support commercial surrogacy refute the arguments relating to exploitation and commodification and cite the right to work and more commonly the right to privacy/autonomy as the key rights in question. This article focuses on the human right to autonomy and interrogates whether prohibitions on commercial surrogacy violate the right of a woman to choose to be a surrogate.
Keywords: surrogacy, autonomy
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