Acquiring a child abroad and paths to parenthood in Finland: The difference between private adoptions and international surrogacy arrangements
The article delves into issues of legal tourism and global justice. By referencing the Hague Adoption Convention as well as Finnish legal approaches and case law with respect to the confirmation of a child-parent relationship following private intercountry adoptions and international surrogacy arrangements (ISAs), the article elaborates on the problematics of recognition. Doubts with respect to ethical and commercial aspects of arrangements and the deprivation of rights of vulnerable individuals have been presented with respect to both cases. The article shows the paradox between the legal approaches in these two cases that both entail an independent endeavour to get a child abroad. In doing so, the article underlines how the regulatory framework built up by the Hague Adoption Convention for the area of intercountry adoptions creates more space for global justice and collective interests than non-regulation, but may, in some cases, be detrimental to individual rights and interests. Non-regulation of ISAs underlines individual rights and interests and at the same time erodes domestic legal norms.
Authors
- Katja Karjalainen (ORCID: https://orcid.org/0000-0001-7794-5000)
Publication Details
- Journal
- Journal of Private International Law
- Published
- 2025-05-04
- DOI
- https://doi.org/10.1080/17441048.2025.2524929
- Primary Topic
- Reproductive Health and Technologies
- Type
- article
- Field-Weighted Citation Impact
- 0.00