Women Deliver’s briefing, Surrogacy: A Human Rights-Based Approach, presents a rigorous human rights analysis, grounded in consultations from across regions, with recommendations for decriminalization and rights-based regulation as its outcome.
Our position affirms that surrogacy is a vital pathway to family formation, linked to the rights to found a family, bodily autonomy, equality, and non-discrimination. When ethically and robustly regulated, surrogacy expands reproductive autonomy and protects the dignity and safety of all involved.
By contrast, criminalization and restrictive laws push the practice underground, increase risks of exploitation, and leave parents and children in legal limbo. Rights-based regulation is therefore essential — not only to meet international legal obligations, but also to ensure justice for everyone.
