Criminalising Surrogacy
21-22 October 2024
11/F, Cheng Yu Tung Tower, The University of Hong Kong & Zoom
Programme: HERE
This conference is part of a wider project that examines the existing rules criminalising actions relating to surrogacy in more than 25 jurisdictions from five continents. Ethical concerns about surrogacy have given rise to increasing calls to ban the practice and criminalise actors involved in it, including surrogates, intended parents and agencies, as well as medical and legal practitioners. This is in stark contrast, however, to the jurisprudence of many higher courts, including the European Court of Human Rights, which prioritises the best interests of the existing child.
This project examines in particular the efficacy of criminalising surrogacy in light of its express aim of preventing its practice. Preliminary findings suggest that, not only are there very few prosecutions (if any), citizens of countries with prohibitions on surrogacy merely go elsewhere to become parents in that way. Any ethical concerns, therefore, simply materialise in other jurisdictions.
Organisers:
Aalborg University
Centre for Medical Ethics and Law (CMEL), The University of Hong Kong
