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, 2019 through December 31, 2019 and is accurate as of July 30, 2020. Cases of trafficking may be ongoing or new information may revealed to the National Hotline over time. Consequen...Read More
From the late 1970’s, China's economy has enjoyed 30 years of explosive growth. With its 1.4 billion inhabitants, it is now the world's largest economy. This economic miracle, now on everyone's lips, has lifted hundreds of millions of Chinese out ...Read More
This toolkit aims to help businesses in corporate supply chains quickly identify areas of their business which carry the highest risk of modern slavery and develop a simple plan to prevent and address any identified risks. Businesses operating in...Read More
This report presents a summary of findings from two case studies conducted in Burma on the intersection of labor, environmental, and social risk in the cultivation of bananas and informal logging in northern Burma. These case studies were conducted ...Read More
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