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 9-10 February 2022, Delta 8.7 convened a policy research workshop in partnership with the Refugee Law Project, Makerere University School of Law and the Irish Centre for Human Rights at the School of Law, National University of Ireland - Galway. ...Read More
Each year, hundreds of thousands of workers from Uttar Pradesh travel to jobs in Qatar, the United Arab Emirates (UAE), and Saudi Arabia, as well as to other neighboring countries in the Middle East and North Africa region such as Jordan. These work...Read More
The international community clearly faces an immense challenge in honouring the global commitment made in Target 8.7 of the Sustainable Development Goals to end all forms of forced labour by 2030 and to end the forced labour of children, along with ...Read More
As the world has continued to transform digitally, so have traffickers who have kept pace by developing sophisticated systems and using technology to commit criminal activities, at every stage of the process, from recruiting, exploiting and controll...Read More
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