Rights and challenges of surrogate women in the surrogacy process:

Abstract

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.