Surrogacy, Ethics and International Law: Guaranteeing the Rights of the Child

Surrogacy has created opportunities for individuals and couples facing infertility problems, but it has also raised important ethical and legal dilemmas, particularly regarding the rights of children born through this process. This paper aims to examine the impact of surrogacy on the legal rights of children and the ethical issues arising from this practice. This paper uses comparative and legal analysis methods to examine the various international legislations that regulate surrogacy practices and the protection of the rights of children born through this process. The results show that although some countries have developed a legal framework to protect the rights of children born through surrogacy, some other countries still do not have adequate legal protection for these children, creating space for abuses and legal ambiguity. The results show that there is considerable inconsistency between different state approaches, while some countries have developed a clear legal framework that ensures full protection of the rights of children born through surrogacy, including the right to know their biological origin, to have a legal identity and protection from any form of abuse. Other countries either do not allow this practice or regulate it with restrictions, creating legal loopholes. In conclusion, this study argues that it is essential to take concrete steps towards unifying and improving the legal framework governing surrogacy. A special focus should be devoted to guaranteeing the child's right to know his or her identity and to have a clear legal status. Such an approach requires international cooperation and the establishment of common ethical standards, ensuring that the best interests of the child remain at the center of any policy or practice.