The Human Rights of the Stateless Surrogate-born Child under the United Nations Conventions on the Rights of the Child (CRC)

Abstract

Surrogacy arrangements have remained a newly occurring issue, especially within the past decades and statelessness arises largely because state parties found grounds not to interfere with it.

 In this paper, the writer examines the following: the bases of the international surrogacy arrangement, how such arrangements have incurred statelessness, and ultimately how it has affected the human rights enjoyment of the child; the writer further explores ways in which specific human right instrument such as the Convention on the Rights of the Child(CRC) could address these issues in enhancing their rights and optimize the protection. The writer concludes by proposing that domestic legislation should be reformed, that state parties should observe the best interest of the child and that it is important to ascertain how the human rights instruments, specifically within the CRC, can be better coordinated to address the stateless surrogate child.