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Ally Tow
Ally Tow
Senior Associate
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The Regulation of Surrogacy: A Children's Rights Perspective
Date:21 MAR 2017
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Katherine Wade, Post-Doctoral Research Associate, Dickson Poon School of Law, King’s College London

Keywords: surrogacy, children’s rights, UN Convention on the Rights of the Child 1989

This article examines the current regulation of surrogacy in England from a children’s rights perspective. It draws on the UN Convention on the Rights of the Child 1989 and its Optional Protocols, as well as General Comments and Concluding Observations from the Committee on the Rights of the Child, in order to analyse the extent to which the current regulatory framework on surrogacy is in line with a children’s rights approach. A children’s rights approach draws attention to the need for a holistic framework that protects the various rights of children at all stages of their childhood. It stresses the importance of ensuring the framework is participatory, in that it incorporates the views and experiences of children. It also recognises the central role of parents in protecting children’s rights and the need for State support in this regard. The article makes suggestions for reform, focusing primarily on children’s right to know and be cared for by their parents, commercial surrogacy, the involvement of children in counselling and the protection of children’s rights in inter-country surrogacy arrangements.

This article has been accepted for publication in Child and Family Law Quarterly in Issue 2, Vol 29, Year 2017. The final published version of this article will be published and made publicly available here 24 months after its publication date, under a CC-BY-NC licence. 

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