The Legal Framework of Surrogacy: Ethical and Rights-Based Perspectives

Abstract

This paper examines the legal framework surrounding surrogacy, exploring ethical and rights-based perspectives. Surrogacy has evolved significantly, becoming an essential reproductive option for various individuals and couples, including heterosexual, single, and same-sex partners. The essay discusses the historical development of surrogacy laws, highlighting the complex interplay between societal beliefs about family, motherhood, and reproductive rights. It also delves into ethical considerations, particularly concerns regarding the exploitation of economically disadvantaged women in commercial surrogacy arrangements. The discussion emphasizes the importance of human rights in surrogacy practices, including reproductive freedom and the rights of all parties involved. Current legal landscapes reveal a diverse array of regulations across jurisdictions, with some countries prohibiting surrogacy and others implementing permissive frameworks. The paper identifies gaps in legal protections for surrogates and intended parents, particularly regarding parental recognition and citizenship issues for children born through surrogacy. Ultimately, it calls for a comprehensive legal approach that balances ethical considerations with the rights of individuals seeking to build families through surrogacy, advocating for reforms that protect all stakeholders involved in these arrangements.

Keywords

Surrogacy, legal framework, ethical perspectives, human rights, reproductive rights, exploitation, parental recognition, international regulations