Study on illegal adoptions 2017, para. 52

Paragraph
Paragraph text
International commercial surrogacy is a growing phenomenon quickly overtaking the number of intercountry adoptions. The international regulatory vacuum that persists in relation to international commercial surrogacy arrangements leaves children born through this method vulnerable to breaches of their rights, and the practice often amounts to the sale of children and may lead to illegal adoption. Indeed, several countries do not recognize such arrangements and, in order to establish a parent-child relationship, national laws often require parents to legally adopt the child born through international commercial surrogacy. However, if the international commercial surrogacy arrangement is found to amount to the sale of a child, the adoption too will consequently be illegal under international standards. Such a situation underscores the need for States to ensure that they are not inadvertently legitimizing the sale of children born through international commercial surrogacy by granting adoption orders.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Governance & Rule of Law
  • Harmful Practices
  • Movement
  • Social & Cultural Rights
Person(s) affected
  • Children
  • Families
Year
2017
Paragraph type
Other
Paragraph number
52