Although international human rights law does not explicitly address the issue of surrogacy, a broad array of human rights norms and principles bear direct relevance to the issue. Foremost among these, the Convention on the Elimination of All Forms of Discrimination against Women; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; and the Convention on the Rights of the Child mandate the elimination of trafficking in women and/or children; and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography proscribes the sale of children, defined as “any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration”.
Experts and advocates hold divergent views on the issue of surrogacy. Some argue that it is a legitimate form of assisted reproduction and a viable pathway to parenthood, provided it is appropriately regulated. Others contend that only commercial surrogacy raises human rights concerns, distinguishing it from so-called “altruistic” surrogacy, which they view as acceptable. A third perspective sees all forms of surrogacy as inherently exploitative, framing it as a human rights violation and a form of violence of commodification of both women and children.
The Special Rapporteur would like to receive input to better understand the forms and manifestations of violence experienced by women and girls, including newborns, in the context of surrogacy; the challenges and best practices to prevent and respond to such violence; and the legal, policy and institutional measures required at the national, regional, and international levels to effectively address human rights violations associated with the practice.