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.
The data in this report represents signals and cases from January 1, 2017 through December 31, 2017 and is accurate as of July 11, 2018. Cases of trafficking may be ongoing or new information may be revealed to the National Hotline over time. Conseq...Read More
This report is the second of two reports developed by IHRB in cooperation with Equidem Research & Consulting. Building on "Responsible Recruitment: Remediating Worker-Paid Recruitment Fees", this publication offers practical guidance to businesse...Read More
The data in this report represents signals and cases from January 1, 2018 through December 31, 2018 and is accurate as of July 25, 2019. Cases of trafficking may be ongoing or new information may revealed to the National Hotline over time. Consequen...Read More
The Free and Fair Labor Principles (“Principles”) and corresponding Implementation Guidance (“Guidance”) is intended to support and advance the ongoing dialogue on responsible palm oil by providing a common point of reference on what consti...Read More
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