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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.
None:
Within cross-border surrogacy, particularly in consumer countries, the protection of children's human rights presents complex and significant challenges. This study examines how Australian surrogacy facilitators perceive and navigate the rights of children born through such arrangements. Despite striving to adopt child-centred practices, facilitators face structural barriers, including conflicting interests between intended parents and children, the commodification of children in surrogacy contracts, and legal ambiguities around parental relationships. These challenges create a persistent tension between the universal recognition of children as independent rights holders and the practical demands of facilitating surrogacy arrangements. The findings highlight the need for robust regulatory frameworks and clearer accountability mechanisms to ensure children's rights are upheld. This study advances the scholarship on surrogacy and human rights and informs the ongoing review of Australian surrogacy laws, emphasizing the need for stronger protections for children in international surrogacy arrangements.
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