A very strong critique of all forms of surrogacy from the UN

 

A new United Nations report is calling for the eradication of surrogacy in all its forms, arguing that the practice inherently harms both women and children. It also recommends punishing buyers, clinics and agencies. Ireland should pay attention. We have one of the most permissive surrogacy laws in Europe although it is awaiting commencement for reasons discussed below.

The report, authored by Reem Alsalem, UN Special Rapporteur on Violence against Women and Girls, will be formally presented at the General Assembly in October. Titled “The different manifestations of violence against women and girls in the context of surrogacy”, it constitutes the strongest condemnation of surrogacy ever made at the international institutional level and comes from a feminist perspective.

“The practice of surrogacy is characterised by exploitation and violence against women and children, including girls. It reinforces patriarchal norms by commodifying and objectifying women’s bodies and exposing surrogate mothers and children to serious human rights violations,” says the report.

The report recommends that commissioning parents, clinics, and agencies should be penalised, shifting responsibility away from the poor women who become surrogates and towards those profiting from or purchasing children through the practice.

Alsalem dismantles the distinction between commercial and altruistic surrogacy, arguing that, in reality, the line is blurred and illusory: “Particularly in jurisdictions where commercial surrogacy is formally prohibited but where reimbursement is so high that it effectively constitutes commercial payment”.

The report documents multiple forms of violence linked to surrogacy:

• Economic violence, such as women being denied compensation or left in debt.
• Psychological violence, including trauma from forced separation and so called “detachment therapies”, i.e. conditioning women to emotionally separate from the child during pregnancy so that handing the baby over will be “easier” afterwards.
• Physical and reproductive violence, such as coerced abortions, unnecessary caesareans, and health risks from IVF drugs.
• Trafficking and slavery-like conditions, where women are confined, transported across borders, or subjected to egg harvesting.

It also stresses the risks for children, who may be rendered stateless, abandoned, or even commissioned by sexual offenders, as background checks on intended parents are rarely carried out.

Compared with countries such as Italy, which in 2024 criminalised surrogacy even when carried out abroad, Ireland has placed itself at the opposite end of the spectrum, with what is possibly the most liberal surrogacy legislation in the world. The Assisted Human Reproduction Bill, passed in 2024, permits domestic “altruistic” surrogacy but also recognises foreign commercial surrogacy arrangements.

The law’s allowance for “reasonable expenses” effectively enables large payments to surrogate mother, which is commercial surrogacy in disguise. Ireland’s approach runs directly counter to the UN Special Rapporteur’s recommendations. By giving legal recognition to foreign commercial surrogacy, the Government risks entrenching exploitation abroad while normalising it at home.

Although the Assisted Human Reproduction Act 2024 has been signed into law, its surrogacy provisions have not yet been implemented, with the Government delaying commencement amid concerns about compliance with EU anti-trafficking rules.

This new UN report provides yet another reason to reconsider the law. If the international community is to take the protection of women and children seriously, countries such as Ireland must listen to Alsalem’s warning.