Surrogacy sits at one of the most complex intersections of modern law, where reproductive rights, children’s welfare, and women’s autonomy converge in ways that challenge traditional legal frameworks. As assisted reproductive technology continues to advance and societal attitudes towards family formation evolve, the human rights implications of surrogacy arrangements have become increasingly significant—not just for the parties directly involved, but for legal systems worldwide grappling with how to balance competing rights and interests.
The legal landscape surrounding surrogacy has undergone a dramatic transformation since the early days of prohibition. Queensland’s pioneering journey from the blanket criminalisation under the Surrogate Parenthood Act 1988 to the more nuanced recognition of bodily autonomy in the Surrogacy Act 2010, and South Australia’s explicit commitment to human rights protection in their 2019 legislation, reflects a broader global shift towards understanding surrogacy through a human rights lens rather than simply as a commercial or moral issue.
What makes this area particularly challenging is the web of human rights that surrogacy arrangements implicate for all parties involved. From the fundamental principle that the best interests of the child must be paramount, to the surrogate’s right to bodily autonomy, to intended parents’ reproductive rights—each participant in a surrogacy arrangement brings their own set of internationally recognised human rights that must be carefully balanced. This comprehensive analysis examines how these competing rights intersect, the international legal frameworks that guide their protection, and the practical challenges courts and legislatures face in creating laws that honour the dignity and rights of all involved.
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For a comprehensive examination of the intersection between human rights and surrogacy, including detailed analysis of international case law, Australian legislation, and practical considerations for all parties involved, download our complete document below.
Download: How Do Human Rights and Surrogacy Intersect?
This document explores the complex legal and ethical considerations surrounding surrogacy arrangements, examining rights of children, surrogates, and intended parents under international and domestic law.