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Reproductive Cloning

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Healthcare Professionals and Unregulated Commercial Surrogacy in China: Ethical and Legal Challenges.

Journal of bioethical inquiry·2025

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Navigating Structural Tensions: Australian Surrogacy Facilitators' Understanding on Children's Rights in Cross-Border

¹Melbourne Law School, University of Melbourne, Melbourne, Australia.

Asian Bioethics Review

|January 26, 2026

Summary

Australian surrogacy facilitators face challenges protecting children's human rights in cross-border arrangements. Structural barriers and legal ambiguities impede child-centred practices, necessitating stronger regulations for international surrogacy.

Keywords:

Australia Children’s rights Cross-border surrogacy Law Surrogacy facilitators

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Area of Science:

Bioethics
Human Rights Law
Family Law

Background:

Cross-border surrogacy presents significant challenges to children's human rights, especially in consumer nations.
Australian surrogacy facilitators navigate complex ethical and legal landscapes.
Existing frameworks often struggle to balance the rights of intended parents with those of the child.

Purpose of the Study:

To examine how Australian surrogacy facilitators perceive and manage the human rights of children born via surrogacy.
To identify structural barriers encountered by facilitators in implementing child-centred practices.
To inform policy and legal reforms concerning international surrogacy.

Main Methods:

Qualitative study exploring the perspectives of Australian surrogacy facilitators.
Analysis of facilitators' experiences with child rights in cross-border surrogacy.
Examination of perceived conflicts and legal ambiguities.

Main Results:

Facilitators encounter structural barriers, including conflicting interests and the commodification of children.
A tension exists between children's rights as independent holders and surrogacy arrangement demands.
Legal ambiguities complicate the recognition of parental relationships and children's rights.

Conclusions:

Robust regulatory frameworks and accountability mechanisms are crucial for upholding children's rights in surrogacy.
There is a need for enhanced legal protections for children in international surrogacy arrangements.
The study contributes to scholarship on surrogacy, human rights, and informs Australian law review.