Prof. (Dr.) Sanoj Rajan:
Statelessness induced by international surrogacy is a comparatively new phenomenon that has emerged because of advances in Artificial Reproductive Technology (ART). Most births of children conceived through medically assisted reproductive techniques do not cause especial problems in the field of nationality laws.
However, in cases of international surrogacy arrangements, there is a real risk of statelessness for children if there is a conflict in the surrogacy regime and the nationality laws of the surrogate mother’s country of nationality and that of the commissioning parents. This can mean that nationality cannot be attributed to the child in certain circumstances. Surrogacy, especially international surrogacy is prohibited, highly regulated, or actively discouraged by legal and regulatory bodies in most countries. The objectives of such restrictive laws are to avoid the exploitation of vulnerable women and children, prevent trafficking of women and newborns, and the circumvention of international adoption protocols. However, in some circumstances, these laws and regulations are creating statelessness amongst children born through international surrogacy arrangements.
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Research work originally published in World Stateless Report by Institute on Statelessness and Inclusion, The Netherlands, February 2017, Chapter 11 Page No. 374-384)
Complete Report is Available HERE