Surrogate Motherhood: Between Reproductive Rights and the Best Interests of the Child

From a reproductive rights perspective, surrogacy represents a way for individuals and couples who face infertility, same-sex couples, or single people to have biological children. Advocates argue that denying surrogacy infringes upon the right to create a family, a right protected by international human rights norms. Surrogacy can empower individuals who otherwise could not bear children to exercise their reproductive autonomy. Proponents of surrogacy emphasise consent, contractual freedom, and the potential for ethical frameworks that protect all parties involved. On the other hand, the best interests of the child principle raise important concerns about the ethical implications of surrogacy. Children born through surrogacy have a right to identity, family life, and protection from exploitation. Complex questions arise regarding the child’s emotional well-being, especially when considering issues of parental abandonment, the separation from the gestational carrier, and the potential for the child to experience identity confusion. Critics argue that surrogacy may commodify children by reducing them to the subject of a contract. The United Nations Convention on the Rights of the Child establishes that children have a right to know their biological and gestational origins, which can be compromised in certain surrogacy arrangements. Keywords: Surrogate motherhood; Human rights; The best interests of the child principle; Child welfare