Ní Ghráinne, Bríd and McMahon, Aisling
(2017)
A Public International Law approach to
safeguard nationality for surrogate-born
children.
Legal Studies, 37 (2).
pp. 324-342.
ISSN 0261-3875
Abstract
International surrogacy agreements involve a child born to a surrogate mother who is of a
different nationality to the commissioning parent(s) in a state other than that of which the
commissioning parent(s) are nationals or reside. Many of these arrangements lead to
children being born stateless, which deprives that child of many rights that are directly
linked to one’s nationality as well as causing significant practical problems, such as
difficulty in obtaining a passport. In undertaking the first Public International Law analysis
of nationality and international surrogacy agreements, we map out how various provisions
can be used to guarantee protections against statelessness. Accordingly, we argue that the
drafting of a proposed new convention is not the ideal solution in this respect, and should
not be to the detriment of the ratification and implementation of the relevant conventions
that we identify; in particular, the 1989 Convention on the Rights of the Child.We argue that
these protections offer the most meaningful protection in the short term and should be used
to inform any future protections under the proposed Convention. We conclude by
encouraging the advancement of Public International Law arguments when petitioning in
a domestic context on behalf of stateless international surrogate children.
| Item Type: |
Article
|
| Keywords: |
Public International Law; safeguard nationality; surrogate-born children; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
11649 |
| Identification Number: |
https://doi.org/10.1111/lest.12146 |
| Depositing User: |
Aisling McMahon
|
| Date Deposited: |
07 Nov 2019 16:23 |
| Journal or Publication Title: |
Legal Studies |
| Publisher: |
Cambridge University Press |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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