Tweet
Share
Share
Pin
0 Shares

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