- Collection:
- Georgia Law Review
- Title:
- On Parentage, Genetics, and Surrogacy
- Creator:
- Tueller, Jessica
- Date of Original:
- 2025-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
Georgia Law Review Association - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- articles
- Type:
- Text
- Format:
- application/pdf
- Description:
- Bans in some jurisdictions, combined with relative affordability in others, have turned surrogacy into an increasingly cross-border phenomenon. Meanwhile, the complex and varied approaches to legal parentage and surrogacy that exist in domestic jurisdictions, along with a lack of international oversight, have at times left children of surrogacy parentless or stateless. The decision of the Hague Conference on Private International Law to begin regulating legal parentage in international surrogacy arrangements is thus an important and welcome development. However, the Hague Conference is considering imposing new genetic requirements that could result in violations of the rights to equality and non-discrimination of intended parents, surrogates, and children of surrogacy. This article argues that genetic relatedness should not be dispositive when determining legal parentage in international surrogacy arrangements. Intended parents—not surrogates—should be recognized as the legal parents of their children, even when the intended parents have not contributed gametes and the surrogates have. Although genetic relatedness may be a key factor for determining parentage in other circumstances, treating the contribution of gametes as essential to legal parentage in the context of surrogacy is unnecessary and can produce unjust results. Families formed through surrogacy should not be torn apart or reconfigured solely on the basis of genes.
surrogacy -- parentage -- international law -- Law - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/glr/vol59/iss3/2
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
