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.
Research conducted by Labour Rights Promotion Network (LPN) and Johns Hopkins Bloomberg School (JHSPH) of Public Health Center for Refugee and Disaster Response, and supported by the United Nations Inter-Agency Project on Human Trafficking (UNIAP). ...Read More
A growing number of global brands and retailers are adopting ethical recruitment policies stipulating, among other things, that all costs and fees related to labour recruitment are paid by the employer and not by the workers being recruited. Employe...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 OECD Guidelines for Multinational Enterprises are recommendations addressed by governments to multinational enterprises operating in or from adhering countries. They provide non-binding principles and standards for responsible business conduct in...Read More
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