Regulating International Surrogacy Arrangements - State of Play

30-08-2016

Surrogacy is a very sensitive topic, which raises a number of ethical concerns and is regulated in various ways in different EU Member States. Some jurisdictions ban both altruistic and commercial surrogacy, while others allow the practice as long as it is not commercial, and still others have adopted either very limited legislation or none at all on the topic. This briefing builds on discussions held on 16 June 2016 during a Policy hub requested by the JURI committee. It takes stock of, firstly, current cross-border legal issues in the field, and, secondly, possible avenues to tackle these, both from an academic point of view and, more practically, by looking at current regulatory work carried out at international level.

Surrogacy is a very sensitive topic, which raises a number of ethical concerns and is regulated in various ways in different EU Member States. Some jurisdictions ban both altruistic and commercial surrogacy, while others allow the practice as long as it is not commercial, and still others have adopted either very limited legislation or none at all on the topic. This briefing builds on discussions held on 16 June 2016 during a Policy hub requested by the JURI committee. It takes stock of, firstly, current cross-border legal issues in the field, and, secondly, possible avenues to tackle these, both from an academic point of view and, more practically, by looking at current regulatory work carried out at international level.