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Rights and challenges of surrogate women in the surrogacy process:
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This study aims to analyse the legal and ethical challenges posed by surrogacy
processes, taking into consideration the different human rights at stake in surrogacy — of the
intended parents, the future newborn, and, specially, the surrogate’s rights. As such, a critical
analysis of the international and regional legal frameworks and an examination of the European
Court of Human Rights’ case-law was carried out. The purpose of this dissertation is to shed
light on the legal challenges triggered by surrogacy regarding the recognition of legal rights to
surrogates, as well as the irregularities and lack of protection of the carrier throughout the
process. In order to do so, this study will start by conducting an historical overview of surrogacy
and examining the different systems in place in European countries. Subsequently, it will
present the framework of human rights recognised to the intended parents and the child born
as a result of the procedure. Lastly, the main goal of the thesis is to provide an overview of the
surrogate’s role in the process and the different legal and ethical challenges she might get
across which could endanger her fundamental rights In particular, the dissertation tackles the
issues of exploitation and commodification of women’s bodies in surrogacy contracts; the role
of intermediary agencies; the contractual clauses restricting the conduct of the pregnant
women; the right to decide on abortion; and the surrogate’s right to repent.
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Palavras-chave
Surrogate Carrier Surrogacy Exploitation Commodification Privacy Autonomy Bodily autonomy Reproductive choices