The United Nations Special Rapporteur on violence against women and girls, Reem Alsalem, has called for all member states to ban the practice of surrogacy. The UN expert made the recommendation in a new report examining the different “manifestations of violence against women and girls in the context of surrogacy,” with the document also raising concerns about the practice of egg donation.
Surrogacy is legal and regulated in Ireland under the Health (Assisted Human Reproduction, AHR) Act 2024, and whilst commercial surrogacy remains illegal, Irish citizens can enter into legal surrogacy arrangements in countries where it is legal. However, provisions of the AHR Act, passed last July, have yet to come into force after human trafficking concerns were raised earlier this year.
Campaigners in favour of surrogacy laws have said there are over 1,000 children in Ireland born through surrogacy where both parents do not have legal rights to their children until new laws come into effect.
The report from the UN expert will be formally presented to the UN General Assembly in mid-October, but has been made available in advance.
The report states: “The practice of surrogacy is characterised by exploitation and violence against women and children, including girls. It reinforces patriarchal norms by commodifying and objectifying women’s bodies and exposing surrogate mothers and children to serious human rights violations.”
It highlighted how the worldwide surrogacy market was worth an estimated $14.95 billion in 2023, and its value is projected to grow to $99.75 billion by 2033. The report also highlights how surrogate mothers often only receive a small fraction of the overall payment made by commissioning parents, with the majority of the fee going to surrogacy agencies or intermediaries.
The document makes a number of findings and recommendations related to surrogacy and egg donation. A consultation prior to the report received some 120 global submissions, including from women’s rights groups in the UK, and included online consultation sessions with 78 stakeholders, including with surrogate mothers.
Key recommendations include calling for a total end to all forms of surrogacy at the international level, as well as the adoption of a binding international treaty banning surrogacy.
The report also calls for the implementation of a legal framework inspired by the Nordic model of prostitution law: penalising buyers, agencies and clinics, while decriminalising women. Ms Alsalem further calls for a prohibition on advertising and surrogacy agencies. In the report, she also advises strengthening international cooperation to combat the trafficking of women and children linked to surrogacy.
The Casablanca Declaration, an international coalition of more than 150 experts and associations from across political and cultural backgrounds, said the report reinforced its commitment to the universal abolition of surrogacy.
“This is an unprecedented recognition at the highest international level: surrogacy is not an act of love but a form of violence and exploitation. This historic report paves the way towards its global prohibition,” Olivia Maurel, spokesperson of the Casablanca Declaration, said.
Ms Maurel recently spoke to Gript about her experience as a child born from surrogacy.