Article
Surrogacy as the Sale of Children: Applying Lessons Learned from Adoption to the Regulation of the Surrogacy Industry's Global Marketing of Children
Pepperdine Law Review (forthcoming)
(2015)
Abstract
This article will argue that most surrogacy arrangements as currently practiced do constitute the “sale of children” under international law, and hence should not be legally legitimated. Hence, maintaining the core legal norm against the sale of children requires rejecting currently constituted claims of a right to procreate through surrogacy. Given the underlying purpose of all human rights law in maintaining the inherent human dignity of all human beings, a claimed legal right built upon the sale of human beings must be rejected.
Keywords
- Surrogacy,
- Sale of Children,
- Children's Rights,
- Human Rights,
- Assisted Reproductive Technologies,
- Bioethics,
- Adoption
Disciplines
Publication Date
2015
Publisher Statement
Published in Vol. 43, No. 2, Pepperdine Law Review. Copyright 2015, 2016 by David M. Smolin
Citation Information
David M. Smolin. "Surrogacy as the Sale of Children: Applying Lessons Learned from Adoption to the Regulation of the Surrogacy Industry's Global Marketing of Children" Pepperdine Law Review (forthcoming) Vol. 43 Iss. 2 (2015) p. 265 - 341 Available at: http://works.bepress.com/david_smolin/19/