Tuana Özkan
MEF University, Istanbul, TUR
Surrogacy has become an increasingly common practice worldwide in recent years as a result of advancements in assisted reproductive technologies. However, the legal, bioethical, and international dimensions of the practice vary significantly from country to country and give rise to various debates. This report aims to evaluate surrogacy practices from a comparative perspective.
From a legal perspective, it is evident that countries have adopted different regulations regarding surrogacy. While some countries completely ban surrogacy, others permit only altruistic surrogacy. For example, commercial surrogacy is prohibited in the United Kingdom and Canada, but altruistic practices are permitted under certain conditions. In contrast, in some countries, commercial surrogacy is more widely accepted or regulations are insufficient. This situation leads to the emergence of cross-border reproductive tourism and brings with it issues such as citizenship, parental rights, and the legal status of children.
From a bioethical perspective, surrogacy raises the issue of balancing individuals’ reproductive freedom with the protection of human dignity. Supporters argue that surrogacy offers an important opportunity for individuals and couples who are unable to have children. They also contend that the right to reproduction should be considered a fundamental human right. In contrast, critics point out that commercial surrogacy practices, in particular, carry the risk of commodifying women’s bodies and may lead to the exploitation of economically disadvantaged women. The principle of the child’s best interest is also at the center of ethical debates, and the effects of surrogacy agreements on the child are being carefully evaluated.
At the international level, the absence of a common and binding regulatory framework stands out as a significant issue. Legal differences between countries lead to complex disputes in cross-border surrogacy cases. Serious legal gaps can arise, particularly regarding the recognition of parental status, the child’s citizenship, and the validity of birth certificates. For this reason, international organizations and legal experts recommend the development of more harmonized international standards grounded in children’s rights and human dignity.
In conclusion, surrogacy is not merely a reproductive method; it is a multifaceted phenomenon with legal, ethical, and international dimensions. Comparative analyses can help identify the strengths and weaknesses of practices in different countries, thereby contributing to the development of more equitable and human rights-based regulations.