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.

Commercial Gestational Surrogacy: Unravelling the threads between reproductive tourism and child trafficking DOWNLOAD














Counter-Trafficking Directory for Embassies and Consulates Staff

The CT directory gathers key facts and figures about human trafficking in more than 50 countries. It also contains useful contacts to refer the victim or potential victim according to his/her profile: s/he can be in need of immediate protection, nee...Read More

TAGS: Global
Migrants and Their Vulnerability to Human Trafficking, Modern Slavery and Forced Labour

Research suggests connections exist between migration and criminal forms of exploitation such as human trafficking, forced labour and modern slavery. Certainly, constellations of risk are seen in certain migrant communities and migration corridors. ...Read More

TAGS: Global
‘It Has Destroyed Me’- A Legal Advice System on the Brink
News & AnalysisPublications

Access to legal advice is crucial for survivors of trafficking and modern slavery but the legal aid funding system is failing them. Survivors are not able to access timely and quality, legally aided advice and representation when they need it, with ...Read More

TAGS: Europe
Human Trafficking for Labour Exploitation/Forced and Bonded Labour: Identification – Prevention – Prosecution; and Prosecution of Offenders, Justice for Victims
GuidanceGood Practices

This paper focuses on the specifics of labour exploitation, particularly the identification, prevention and prosecution of offenders with the final goal of preventing trafficking and bringing justice for victims. The text is based on the 3rd and 5th...Read More