Transnational Commercial Surrogacy: Contracts, Conflicts, and the Prospects of International Legal Regulation

29 Pages Posted: 25 Mar 2016 Last revised: 10 Aug 2016

Cyra Akila Choudhury

Florida International University College of Law

Date Written: August 2016

Abstract

This Article explores the current legal regulation of transnational commercial surrogacy. It analyzes some of the key cases that have arisen in transnational surrogacy arguing that an absence of legal rules promulgated by surrogacy providers and an over reliance on private contract gives rise to conflicts between parties particularly when rights and laws that cannot be contracted out of are at the heart of the case. For instance, contract law is unable to deal with problems arising from citizenship and parentage status which are decided by the state and cannot be derogated from. When two states disagree about the parentage or citizenship of a child born from surrogacy, in the absence of an international agreement, each case has to be resolved instantially through diplomatic channels often creating the problem of limping status. The article explores the most recent developments at the transnational and international level, particularly by the Hague Conference on Private International Law's Experts' Group dealing with parentage, citizenship and international surrogacy agreements.

Keywords: international family law, surrogacy, transnational surrogacy, Hague Conference

Suggested Citation

Choudhury, Cyra Akila, Transnational Commercial Surrogacy: Contracts, Conflicts, and the Prospects of International Legal Regulation (August 2016). Oxford Handbook Online in Law, 2016; Florida International University Legal Studies Research Paper No. 16-18. Available at SSRN: https://ssrn.com/abstract=2753783

Cyra Akila Choudhury (Contact Author)

Florida International University College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

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