Overseas children: challenges in international surrogacy arrangements

Rakhi Ghoshal

DOI: 10.20529/IJME.2017.015


A couple from the UK travelled to Ukraine in search of a surrogate mother. According to the Human Fertilisation and Embryology Authority (HFEA)(UK), a birth mother is the legal parent of the child, irrespective of citizenship, and so in this case, it considered the Ukrainian surrogate the legal mother. However, Ukraine law ruled that the surrogate could not be the legal parent, leading to an impasse that left the child without a country and a parent. The UK courts eventually ruled in favour of the commissioning couple, but the absence of international guidelines on surrogacy contracts continues to throw up challenges that violate the human rights of one or all parties involved.

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