By: Rachael Curtin
Legal issues often exist in ethical gray areas. Advancements in reproductive technologies have increased family-building options for those that were previously unable to procreate. Similarly, globalization has increased family-placement options for children in the adoption context. However, when assisted reproductive technologies advance in a globalized world without regulation or international cooperation, international commercial surrogacy arrangements are governed by contractual systems that often protect the commissioning parties, rather than those who are most vulnerable and in need of protections.
This Note examines how the current lack of international regulation and cooperation in the international commercial surrogacy context can leave children stateless and without the protection of citizenship. By suggesting recommendations for international cooperation that prioritize the ethical concerns regarding the best interests of the child, this Note proposes a starting point for balancing the importance of state sovereignty against the dangers of an unregulated surrogacy system.