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.
This project sought to set out the determinants of anti-trafficking efforts, understood as factors shaping governments’ anti-trafficking efforts and influencing compliance with – and implementation of – international standards. It sought to do...Read More
The past decade has seen a dramatic increase in the sites for anti-trafficking education and the range of educators who shape how the public and institutions understand and respond to human trafficking. The aim of this Special Issue of Anti-Traff...Read More
The Belt Road Initiative (BRI), China’s ambitious transnational development program, is set to redefine globalization with “Chinese characteristics.” Since its inception, thousands of transportation, energy, information technology, and mining ...Read More
This guide provides an introduction of human trafficking for educators. The guide discusses risk factors, indicators of human trafficking, the impact on the learning environment, school protocols, and resources for school staff. ...Read More
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