A/HRC/37/60
the monitoring and evaluation of surrogacy systems, services and outcomes in order to
develop appropriate human rights-compliant measures.
2.
At the international level
78.
The Special Rapporteur invites the international community to:
(a)
Support the work of the Hague Conference on Private International Law,
in particular in relation to its study of private international law issues related to the
legal parentage of children, including in the context of international surrogacy
arrangements;
(b)
Ensure that any international regulation developed in regard to
surrogacy, or in regard to legal recognition of parentage in international surrogacy
arrangements, focuses on both private international law and public international law,
providing in particular for the protection of the rights of the child, of surrogate mothers
and of intending parents, and recognizing that there is no “right to a child” in
international law;
(c)
Ensure that any international regulation addressing recognition of
parentage in international surrogacy arrangements, or addressing recognition of
foreign judicial decisions on parentage, or other foreign determinations on parentage,
also includes appropriate public policy exceptions barring recognition where the
foreign legal system does not adequately protect the rights of the child or the surrogate
mother, and provide appropriate post-birth review in cross-border commercial
surrogacies in order to prevent the sale of children;
(d)
Support the work of the International Social Service in developing
international principles and standards governing surrogacy arrangements that are in
accordance with human rights norms and standards and particularly with the rights of
the child;
(e)
Work cooperatively to ensure the protection of the rights of surrogateborn children, regardless of the legal status of the surrogacy arrangement under
national or international law, which should include protection of the best interests of
the child and prevention of statelessness;
(f)
Encourage other human rights mechanisms, such as the Committee on the
Rights of the Child and the Committee on the Elimination of Discrimination against
Women, 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.
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