Surrogacy, privacy, and the American Convention on Human Rights. Issue 2 (10th July 2018)

• Record Type: Journal Article
• Authors: Hevia, Martín
• Is Part Of: Journal of law and the biosciences. Volume 5:Issue 2(2018)
• Page Start: 375
• Page End: 397
• Publication Date: 2018-07-10
• Subjects: Best interests -- Exploitation -- Human rights -- Motherhood -- Privacy -- Surrogacy; Life sciences -- Law and legislation -- Periodicals; Science and law -- Periodicals; Law and biology -- Periodicals; Biotechnology -- Law and legislation -- Periodicals; Bioethics -- Periodicals; 344.0957
• DOI: 10.1093/jlb/lsy013
• Languages: English
• ISSNs: 2053-9711

Abstract

Abstract: Under the Inter-American Human Rights System, individuals have a right to access reproductive technologies. However, the legal status of surrogacy agreements in State Parties to the American Convention on Human Rights (ACHR) is mostly uncertain. The article discusses whether a complete ban on surrogacy is compatible with the ACHR. It considers potential objections to surrogacy agreements: 'corruption objections'—surrogacy denigrates the nature of what is being exchanged-, the potential exploitation of surrogates and welfare concerns of children born from surrogacy. The article concludes that States Parties to the ACHR should allow both altruistic and commercial surrogacy, but that regulatory schemes for appropriate protection of the rights of surrogates, intending parents, and children resulting from surrogacy ought to be secured.