Thematic report of the Special Rapporteur on violence against women and girls on surrogacy

Child Identity Protection welcomes the opportunity to provide input to the upcoming thematic report on surrogacy and violence against women and girls. There is no international consensus from a legal, normative, policy, or ethical perspective on surrogacy. States parties to the UN Convention on the Rights of the Child (CRC) and/or its Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) have obligations towards all children within their jurisdiction, including those born through surrogacy, without discrimination.

Regardless of a State’s stance on surrogacy, it should ensure that its framework is fully compliant with all obligations under the CRC, ensuring that children are able to fully enjoy all their rights. Countries may have regulatory frameworks in place, but if these are not aligned with international standards, this can create false assumption that the surrogacy should proceed.

Guidance on applying these standards to surrogacy has been provided by the CRC Committee, the UN Special Rapporteur on Sale and Sexual Exploitation, Verona Principles, the 2022 CHIP and UNICEF’s briefing note: Key Considerations – Children’s Rights and Surrogacy and 2023 CHIP’s note on Priority Issues Relating to Surrogacy.

This brief submission builds on the work of the UN SR SEE as requested by the UN SR VAWG by highlighting issues that should receive further attention in line with protecting all children’s rights.

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