Cross-Border Surrogacy In Globalised World- Impact On The Rights Of Women And Children
- IJLLR Journal
- Jan 26
- 2 min read
Shankar Dayal, LL.M., Central University of South Bihar
ABSTRACT
Cross-border surrogacy has become a multibillion-dollar business, which has resulted in much tension between the right of individuals to choose what to do with their own bodies and the necessity to protect human rights. Although it may prove to be a saviour to a couple that is unable to have children naturally, the world-wide market of reproductive services usually exploits legal loopholes between nations and exposes surrogate mothers and the children born of such an arrangement to a particularly high level of vulnerability. This paper will discuss the relationship between globalisation, poor laws and breach of fundamental rights in cross-border surrogacy.
The paper claims that surrogate mothers, in particular, the low-income ones, are deprived of control over their bodies, their medical decisions and their consent. The children born of cross-border surrogacy are also under the threat of being stateless, deprived of rights to identity and being regarded as an object of the contract instead of a person with rights. The campaign of a global ban by the UN Special Rapporteur demonstrates that there are a significant number in the international community who realise the sheer exploitation present in commercial surrogacy.
It is concluded that we should collaborate on a global level to establish robust legal frameworks where the dignity, autonomy and welfare of vulnerable individuals particularly surrogate moms and children are prioritized. Any solution must be a balance involving reproductive rights, protection of human rights and address the global economic disparity which has placed surrogacy as a good but dangerous choice to desperate women and affluent intended parents.
Keywords: Cross-border surrogacy, reproductive tourism, women’s rights, children’s rights, medical exploitation, global regulatory frameworks, human rights violations.
