A/HRC/37/60
children and child rights as per international standards and protection issues that arise under
contemporary surrogacy practice. The implications of surrogacy for women’s rights is
beyond the scope of the present study, except as regards issues that affect both children’s
rights and women’s rights, or certain clear rights violations that illuminate regulatory or
enforcement issues. The Special Rapporteur echoes the position of other human rights experts
who have stated that discrimination against women, through the instrumentalization of their
bodies for cultural, political, economic and other purposes, including when rooted in
patriarchal conservatism, cannot be accepted. 13 The Special Rapporteur encourages other
human rights mechanisms and United Nations entities to contribute with further research to
discussions on surrogacy and its impact on the human rights of women and other stakeholders
concerned, in order to develop human rights-based norms and standards and prevent abuses
and violations. Nothing in the present report should be interpreted as a restriction of women’s
autonomy in decision-making or of their rights to sexual and reproductive health.
12.
The study benefited from contributions by international experts and relevant
international organizations. The Special Rapporteur organized an expert meeting on
surrogacy in Geneva on 1 November 2017. The Special Rapporteur also participated in an
expert meeting on surrogacy convened by the International Social Service in May 2017 at
the Department of Law of the University of Verona, Italy. The Special Rapporteur
particularly wants to thank members of the core expert group of the International Social
Service surrogacy project for contributions in developing the study. The Special Rapporteur
has benefited from reviewing the work of the Committee on the Rights of the Child, the
Council of Europe and the Hague Conference on Private International Law. The Special
Rapporteur has also gained insight from her missions to various countries.
B.
Urgent concerns
13.
Surrogacy as a reproductive practice is on the rise. Indeed, as intercountry adoptions
have fallen in number and increasingly become subject to international standards, the
numbers of international surrogacy arrangements have rapidly increased in the absence of
international standards.14 Therefore, surrogacy, like intercountry adoption in the 1980s and
1990s, has emerged as an area of concern where a demand-driven system may endanger the
rights of children. 15 There is also “unease” and concern that “the practice of engaging
surrogates in States with emerging economies to bear children for more wealthy intending
parents from other States has dimensions similar to those discussed in the preparatory reports
on intercountry adoption”.16
14.
The cross-border patterns of international surrogacy arrangements are diverse.
Commonly, intending parents from developed countries, including Australia, Canada,
France, Germany, Israel, Italy, Norway, Spain, the United Kingdom of Great Britain and
Northern Ireland and the United States of America, have engaged in commercial international
surrogacy arrangements with surrogate mothers in developing countries, such as Cambodia,
India, the Lao People’s Democratic Republic, Nepal and Thailand.17 However, California and
other jurisdictions in the United States are centres for commercial international surrogacy
arrangements, as are Georgia, the Russian Federation and Ukraine, creating a different set of
13
14
15
16
17
4
See A/HRC/32/44, para. 106 (a).
See Katarina Trimmings and Paul Beaumont, eds., International Surrogacy Arrangements (2013), pp.
439, 441 and 442.
See J.H.A. van Loon, “Report on intercountry adoption”, preliminary document No. 1, sect. E,
pp. 51–55, available at https://assets.hcch.net/upload/adoption_rpt1990vloon.pdf; cf. HCCH, “A
preliminary report on the issues arising from international surrogacy arrangements”; and see Chief
Federal Magistrate Pascoe (Australia), “Intercountry surrogacy – a new form of trafficking?”,
available at www.austlii.edu.au/au/journals/FedJSchol/2012/15.pdf; and Chantal Saclier (International
Social Service), “Children and adoption: which rights and whose?”, UNICEF, Innocenti Digest 4:
Intercountry Adoption, pp. 12–13.
See HCCH, “A preliminary report on the issues arising from international surrogacy arrangements”,
para. 5 as well as footnote 28.
See Trimmings and Beaumont, p. 472.
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