Transnational Surrogacy and International Human Rights Law

Transnational surrogacy is a rapidly evolving and increasingly commercial practice used to create new families.  This article grounds itself in preventing the exploitation of vulnerable peoples, violations of human rights and other issues. Part I of the Article introduces and explains why domestic/state family law is inadequate to address these issues. Part II uses the framework of international human rights laws to provide a guideline to address the rights issues implicated in transnational surrogacy.  The articles thesis is that where surrogacy is permitted, human rights protections should be assured. However, if these assurances are not given, then surrogacy should be barred as a violation of human rights.