Commercial gestational surrogacy: unravelling the threads between reproductive tourism and child trafficking

Hyder-Rahman, Nishat (2021) Commercial gestational surrogacy: unravelling the threads between reproductive tourism and child trafficking. Anti-Trafficking Review, 2021 (16). 123 - 143. ISSN 2286-7511

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Abstract

Narratives of commercial gestational surrogacy (CGS) as ‘baby-selling’ often conflate or interchange the transfer of children born via surrogacy with trafficking in children or the sale of children, two sometimes overlapping but nonetheless distinct offenses. Moreover, anti-trafficking laws have been used to police cross-border CGS. But when do CGS arrangements fall within the category of legitimate ‘reproductive tourism’ and when do they amount to child trafficking? In this paper I critically explore intersections between human trafficking laws and CGS, vis-à-vis the child, charting the relevant trafficking laws in the context of international surrogacy, and analysing whether trafficking laws are an appropriate mechanism through which to regulate CGS. I conclude that while child trafficking might occur via surrogacy, CGS in itself is not child trafficking under international law.

Item Type:	Article
Official URL:	https://www.antitraffickingreview.org/index.php/at...
Additional Information:	© 2021 The Author
Divisions:	Law
Subjects:	K Law > K Law (General) H Social Sciences > HV Social pathology. Social and public welfare. Criminology
Date Deposited:	11 Apr 2022 14:03
Last Modified:	12 Dec 2024 02:57
URI:	http://eprints.lse.ac.uk/id/eprint/114856

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