Narratives of commercial gestational surrogacy (CGS) as ‘baby-selling’ often conflate or interchange the transfer of children born via surrogacy with trafficking in children or the sale of children, two sometimes overlapping but nonetheless distinct offenses. Moreover, anti-trafficking laws have been used to police cross border CGS. But when do CGS arrangements fall within the category of legitimate ‘reproductive tourism’ and when do they amount to child trafficking? In this paper I critically explore intersections between human trafficking laws and CGS, vis-à-vis the child, charting the relevant trafficking laws in the context of international surrogacy, and analysing whether trafficking laws are an appropriate mechanism through which to regulate CGS. I conclude that while child trafficking might occur via surrogacy, CGS in itself is not child trafficking under international law.
Edited by Prabha Kotiswaran and Sam Okyere. This is the third volume of the series Beyond Trafficking and Slavery Short Course. The articles in this volume outline and critically interrogate the role of the state, national legislation and in...Read More
Authors: Livia Wagner, Thi Hoang The policy brief was originally posted here on GI-TOC website, as part of its #CovidCrimeWatch initiative. The coronavirus is not only claiming hundreds of thousands of lives, but is also causing a global econo...Read More
Multi-agency partnership working is often highlighted as an essential aspect of the UK public policy response to modern slavery. The Home Office’s (2014) Modern Slavery Strategy emphasises that effective partnership work is ‘crucial’ and must ...Read More
This handbook was specifically created for staff who work in the homelessness sector, particularly frontline workers, managers and volunteers. People who are engaged in support services for homeless people can be vital eyes and ears in detecting thi...Read More
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