Towards a universal legal framework: The necessity of international legal regulation for surrogacy

Abstract

The global rise of surrogacy, both as a medical practice and a commercial arrangement, has outpaced the development of international legal frameworks, leading to significant ethical, legal, and human rights concerns. Currently, surrogacy laws vary drastically across jurisdictions, ranging from outright prohibition to permissive commercial practices, often leaving surrogate mothers, intended parents, and children in vulnerable and uncertain legal positions. This paper argues that the absence of a cohesive international legal regime to regulate surrogacy exacerbates these disparities, fostering exploitation, forum shopping, and legal fragmentation, especially in cross-border surrogacy arrangements. Drawing upon comparative legal analysis and international human rights law, the paper advocates for the establishment of a universal legal framework that would harmonise surrogacy regulations across borders. Such a framework would address fundamental issues, including the protection of surrogate mothers from exploitation, the recognition and enforcement of parental rights across jurisdictions, and the safeguarding of the rights and welfare of children born through surrogacy. Through an analysis of existing frameworks and the evolving discourse, this paper argues that comprehensive international regulation is essential to address the global nature of surrogacy, while also balancing national autonomy
with universal human rights protections.