Transnational Surrogacy: When the Domestic Law is Not Enough

Transnational reproductive practices produce an increasing number of cases where legal controversies occur in the domestic recognition of family ties. This paper elaborates on these controversies and argues for the need to formulate international norms. The author will examine particularly the key ethical and legal issues that shape the contours of the future normative instrument on transnational surrogacy. Judicial cases from different jurisdictions will illustrate the problems of unregulated transnational surrogacy. In the lack of comprehensive norms these cases offer the best tools for highlighting the ethical and legal issues. Second, the author will explore what would be the adequate international legal framework that would better respond to the challenges of transnational surrogacy agreements. In addition, she will argue that national and transnational surrogacy agreements raise different kinds of legal questions.