Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, November 11, 2013

Engel: "Cross-Border Surrogacy: Time for a Convention?"

Martin Engel has published Cross-Border Surrogacy: Time for a Convention?  at Dethloff et al. (eds.): Family Law and Culture in Europe: Developments, Challenges and Opportunities; Proceedings of the Fifth Conference of the Commission on European Family Law ( Intersentia 2014, Forthcoming).

Here is the abstract:

As the law of parentage is striving to meet the challenges of new reproductive technologies, dealing with cross-border surrogacies emerges as one of the most pressing topics in international family law. The current legal situation as regards surrogacy is quite diverse – throughout the world but also within Europe. Legal diversity has recently made a lot of people engage in so-called “procreative tourism”: Coming from a country with a rather strict approach, they commission women in one of the more liberal countries to carry a child for them, and once the baby is born, they try to take it to their home country, thereby obviating the surrogacy ban that prevents them from entrusting a surrogate mother at home. European courts struggle with a coherent approach on how to treat those citizens who went abroad to have a baby. Meanwhile, legal research and the Hague Conference on Private International Law think about a convention in order to ease cross-border recognition of surrogacy.


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