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Indian Journal of International Law

, Volume 58, Issue 1–2, pp 111–137 | Cite as

Ending international surrogacy-induced statelessness: an international human rights law perspective

  • Sanoj RajanEmail author
Article
  • 129 Downloads

Abstract

Statelessness among children born out of international surrogacy arrangements is a sad reality. Despite the availability of various international human rights law provisions guaranteeing nationality for newly born children, some states are reluctant to give nationality to the children of their citizens, who are born abroad through surrogacy arrangements. The article analyzes the root causes of statelessness among surrogate born children in the light of laws and regulations available in this realm, and concludes that countries have responsibility under international human rights regime to give nationality to children born out of international surrogacy arrangements. This obligation continues even when the state’s general public policy opposes surrogacy, and even when their jus sanguinis or jus soli norms would otherwise lead to a denial of nationality. The Article then introduces the possibility of discerning the content of these obligations not only from the major international agreements and conventions, but also from regional conventions. This method of analysis recognizes the non-negotiable nature of the human rights duties that states owe to children born out of international surrogacy arrangements while allowing some flexibility to individual states to realize these rights within their own individual and cultural understandings of nationality, parenthood, and the morality of surrogacy.

Keywords

Statelessness Human Rights Surrogacy Childhood Statelessness Technology and Human Rights Nationality 

Copyright information

© The Indian Society of International Law 2018

Authors and Affiliations

  1. 1.Chinese University of Hong KongShatinHong Kong

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