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.
On December 15, 2017, USDOL/ILAB awarded Pact U.S. $2,000,000 over a three-year period to support the project entitled “Building the Capacity of Civil Society to Combat Child Labor and Forced Labor and Improve Working Conditions,” or “Pilares...Read More
Quality education and training lays the foundation for the economic and social development not only of individuals but of society as a whole. Yet, many lack opportunities to acquire relevant knowledge and skills that would allow them to earn a decen...Read More
Financial institutions analyse typologies to pursue investigations, compare scenarios and follow patterns that lead to identifying suspicious activities linked to trafficking and slavery. The typology repository offers guidance for banks on a number ...Read More
In July 2021, The Avery Center and the National Survivor Law Collective (NSL Collective) co-authored the first Legal Deserts Report to depict the landscape of legal services for survivors of trafficking. Specifically, The Avery Center's research tea...Read More
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