Cross-Border Fertility Tourism: Fragmented Sovereignty, Private International Law, And The Quest For Child-Centred Transnational Reproductive Justice
- IJLLR Journal
- 2 days ago
- 2 min read
Aarthi Amaravanan, BBA LLB (Hons), Tamil Nadu Dr. Ambedkar Law University
ABSTRACT
Cross-border fertility tourism, or cross-border reproductive care (CBRC), has emerged as a significant legal and regulatory challenge in the era of globalised healthcare. It refers to the movement of individuals or couples across national borders to access assisted reproductive technologies (ART), including in vitro fertilisation, gamete donation, and surrogacy, in jurisdictions where such services are legally available, affordable, or less restrictive. While this mobility reflects the exercise of reproductive autonomy, it simultaneously exposes deep fragmentation in domestic legal systems concerning parentage, citizenship, contractual enforceability, and the protection of vulnerable parties.
This article critically examines cross-border fertility tourism through the lens of private international law, constitutional principles, feminist jurisprudence, and international human rights norms. It analyses the divergent regulatory approaches adopted by states ranging from prohibition to regulated altruistic models and commercial frameworks and evaluates the resulting conflicts of law, particularly in the recognition of legal parentage and nationality of children born through transnational arrangements. The jurisprudence of the European Court of Human Rights, constitutional developments in India and the United States, and harmonisation efforts under the Hague Conference on Private International Law are examined to assess evolving global standards.
The article argues that the absence of coordinated international regulation generates legal uncertainty that disproportionately burdens children and economically vulnerable surrogates. Although states retain sovereign authority to regulate reproduction within their territories, the transnational character of assisted reproduction necessitates child-centred recognition mechanisms, enforceable procedural safeguards, and structured international cooperation. A balanced regulatory framework grounded in dignity, autonomy, equality, and the best interests of the child is essential to reconcile reproductive freedom with ethical accountability in the global reproductive marketplace.
