Preventing and Addressing Statelessness: In the Context of International Surrogacy Arrangements

Abstract

Everyone has the right to acquire a nationality. However, situations of statelessness persist. International commercial surrogacy presents a very specific contemporary challenge because in such cases it may be difficult for the child’s legal parentage to be established or recognised. This may result in serious consequences for the child including statelessness. Recognising this lack of harmonisation and potential child rights violations, a variety of actors are currently mapping State approaches to surrogacy. Furthermore, the Secretariat of the Hague Conference on International Law has also been analysing legislation in order to identify existing gaps and to consider possible reforms. There is a need to continue research in this field and to propose practical and feasible solutions. As with individual cases, any measures adopted and implemented to address the challenges presented by international surrogacy should make the best interests of the child a primary consideration and leave no child stateless.

Keywords

• surrogacy
• statelessness
• best interests of the child