This report by the International Social Service (ISS) reviews legal, policy and jurisprudential developments in surrogacy from 2019 to early 2025 at global, regional and national levels, focusing on how these developments affect the rights of children born through such arrangements.
Surrogacy remains a deeply complex and contested practice. While it keeps growing globally, it continues to be unevenly regulated. This creates serious legal and human rights challenges—particularly for children—when laws fail to keep pace with the practice. Surrogacy often crosses borders, but protections for children do not. The result: many children are born into legal limbo, with unclear parentage, nationality, or access to their origins.
Across different countries and regions, several cross-cutting trends have emerged:
Increased visibility, limited oversight: Surrogacy is more widely debated, yet accurate data and reliable oversight remain lacking. Without proper data, it is difficult to assess impacts, enforce safeguards, or shape evidence-based policies.
A shift toward altruistic surrogacy: Some States are moving away from commercial forms of surrogacy, but clear safeguards and definitions are often missing.
Persistent gaps in children’s rights: Access to identity, legal recognition, and protection from exploitation is still far from guaranteed in many contexts.
Legal and policy fragmentation: While some international and regional initiatives show promise, the lack of coherent and coordinated legal frameworks creates confusion and inconsistency.
Soft law and expert guidance: In the absence of binding international rules and clear definitions, initiatives like the Verona Principles have emerged to provide child-focused guidance. These efforts are crucial but rely on voluntary adoption and political will.
Courts stepping in: In the absence of legislation, courts are increasingly tasked with resolving complex parentage and rights issues—on a case-by-case basis.
Gaps in international coordination: Despite some progress, international bodies—including human rights mechanisms—have yet to develop a coherent and unified approach to surrogacy that prioritises children’s rights. Coordination among actors remains limited.
This report underscores the urgent need for joined-up international responses that centre children’s rights, regardless of a country’s position on surrogacy. Efforts must go beyond regulating parentage alone and instead take a holistic approach—addressing the lived realities and long-term needs of children and other parties involved.
In this report, ISS calls for continued and collective action. It encourages stronger legal safeguards for children, improved international cooperation, greater attention to lived experiences, and the integration of child rights into all surrogacy-related discussions. Surrogacy should never leave a child in legal limbo or without protection—regardless of where or how they are born.