Volume 48
Issue 4
Summer '17

Proposing an International Instrument to Address Issues Arising out of International Surrogacy Arrangements

Written By: Rutuja Pol

Abstract

This Note introduces the two kinds of surrogacy arrangements prevalent internationally, with a focus on commercial international surrogacy arrangements (ISAs). The Note discusses issues of stateless and parentless children arising from ISAs due to a web of conflicting national laws that creates loopholes and the absence of effective international regulations governing ISAs. The Note then analyzes domestic and international laws of various countries in four categories viz. nations that prohibit surrogacy arrangements, nations where surrogacy is largely unregulated, nations where surrogacy is expressly permitted, and nations with a permissive approach toward surrogacy including commercial surrogacy arrangements. The Note also explains the different ways by which countries determine parentage and nationality of their citizens. Finally, to resolve issues arising out of ISAs and to control the confusion and ambiguity created by various domestic laws, this Note proposes an international instrument and includes draft provisions of the same to streamline the various stands countries have on ISAs and to address both the ethical and legal issues arising out of them.

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