Commercial Surrogacy and the Sale of Children: A Call to Action for the Committee on the Rights of the Child (2019)
AuthorsBaird Nshow all
EditorsMasselot APowell R
One of the many unsettled issues in relation to commercial surrogacy is whether a commercial surrogacy arrangement amounts to an unlawful sale of children in breach of article 35 of the United Nations Convention on the Rights of the Child (CRC) and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (CRC-OPSC).2 For the purposes of this chapter, commercial surrogacy is understood as an arrangement where the surrogate is not only compensated for her expenses, but also receives a sum of money in addition to her reimbursable expenses. Some commentators assert that commercial surrogacy per se amounts to unlawful sale of children, while others argue that commercial surrogacy simply involves remuneration to the surrogate for her reproductive services rather than payment for a child. Many commentators agree that there is a need for regulation, whether it be at the national or international level. For some of those commentators who are of the view that commercial surrogacy per se amounts to the unlawful sale of children, then international regulation of the same is seen as largely redundant as it is already fully regulated by the prohibition in the CRC and CRC-OPSC.3 This chapter examines the tentative engagement of the United Nations Committee on the Rights of the Child on this issue.
CitationBaird N (2019). Commercial Surrogacy and the Sale of Children: A Call to Action for the Committee on the Rights of the Child. In Masselot A, Powell R (Ed.), Perspectives on Commercial Surrogacy in New Zealand: Ethics, Law, Policy and Rights.: 115-136. Christchurch: Centre for Commercial & Corporate Law Inc, University of Canterbury.
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