Bioethical issues and legal frameworks of surrogacy: A global perspective about the right to health and dignity

Eur J Obstet Gynecol Reprod Biol. 2021 Mar:258:1-8. doi: 10.1016/j.ejogrb.2020.12.020. Epub 2020 Dec 15.

Abstract

Modern advances in assisted reproduction technology (ART) have disrupted the traditional concept of parenthood. Every year, thousands of people travel abroad from their home countries in order to circumvent restrictive legislation or to benefit from lower fees. In a similar context, surrogacy raises many bioethical and legal issues. The present paper will address the main questions arising from the debate prompted by surrogacy, focusing on international legislation, and looking critically at the different legislative models. As a result of worldwide heterogeneity in policies, legal approaches, and access to ART throughout the world, a growing number of would-be parents are seeking treatment abroad. The lack of regulation on cross-border surrogacy in low income countries can undermine the dignity and rights of women as even modest economic compensation determines a significant purchasing power. The international effort should be aimed at creating an international regulatory framework from which guidelines useful to national governments derive. An international agreement would provide a solid legal basis for the protection of surrogate women. In order to limit the economic interests linked to procreative tourism, so as to truly protect global health and women's rights, legislative uniformity is therefore necessary between the various states.

Keywords: Assisted reproduction technology; Bioethics; Cross-border reproductive care; Global health policy; Human rights; International surrogacy.

Publication types

  • Review

MeSH terms

  • Bioethical Issues
  • Female
  • Humans
  • Medical Tourism*
  • Pregnancy
  • Reproductive Techniques, Assisted
  • Respect
  • Right to Health*
  • Surrogate Mothers