The argument here is not that ISAs do not risk human trafficking, but that the level of non-recognition goes beyond what is necessary to protect the rights of children acquired through them. Strict international standards would identify victims of illegal surrogacy without compromising statelessness or loss of identity of all children in this group. Although the anonymity and identity of biological parents of surrogate mothers have been the subject of much debate, knowledge of one`s own identity and genetic background is now more accessible than ever thanks to the development of direct-to-consumer (DTP) DNA and ancestry testing.92 With these tools now publicly available, the issue of donor privacy becomes more of a myth than a thing. This can be guaranteed. In fact, legal protection of donor anonymity is becoming increasingly impossible, as clinics can no longer guarantee the privacy rights of gamete donors. This can revolutionize the legal landscape in terms of identity issues and anonymity, giving surrogate children a way to gain exceptional insight into their genetic identity. The combination of the HCCH`s international mutual recognition regime, an international ban on donor anonymity and the use of DTC genetic and ancestry testing may render non-recognition obsolete on identity grounds. Given these legal solutions, which have the potential to reconcile very important private and public interests, the refusal to recognise legal parent-child relationships is both disproportionate and inappropriate in the best interests of the child. When a woman agrees to carry a full-term child for another person, who then becomes the child`s legal parent at birth, this is called surrogacy. Surrogates are often used by women who are unable to conceive or carry a child.

This is usually done by implanting an embryo that is fertilized by the male partner`s sperm (this process is called “artificial insemination”). Same-sex male couples also sometimes employ surrogate mothers, often by fertilizing one of their eggs, as an alternative to adoptive or foster parents. Surrogacy is permitted by law, but surrogacy contracts are not enforceable unless the intended parents are married and all parties are 18 years of age or older, according to Florida Ch. 742.15 FL Stat. It is suggested, but not mandatory, that parentage orders be filed before birth once pregnancy reaches the second trimester. However, they are generally only available to married couples (same-sex or heterosexual) where at least one intended parent has a genetic relationship with the child. If neither of the intended parents shares a genetic relationship with the child, or in traditional surrogacy arrangements where the surrogate shares a biological relationship with the child, the postpartum adoption must be completed to terminate the surrogate`s parental rights and establish those of the intended parents in accordance with the State of Florida § 63.213. Florida allows adoptions by stepparents as well as adoptions from single-parent intended parents (i.e., similar to second-parent adoptions, where unmarried individuals can adopt a resulting child). See the report of the Special Rapporteur on the sale and sexual exploitation of children, A/HRC/37/60, (15.1.2018) for a more in-depth discussion on surrogacy and its overlap with the sale of children.

However, this report was widely criticized by states for mixing commercial surrogacy with the sale of children. A year later, the Special Rapporteur wrote another report debunking the allegations made in that report. See the report of the Special Rapporteur on the sale and sexual exploitation of children, A/74/162, (15.07.2019) on the Special Rapporteur`s changing position. Iowa codes 710.11 and 641-99.15 implicitly allow surrogacy, and Iowa courts generally favor surrogacy arrangements. However, only partial prenatal parentage orders are issued, which are only available to intended fathers (not mothers!) who are genetically related to the child. A non-genetic intended parent (father or mother) must complete a postpartum adoption process to obtain parental rights, while a genetically related intended mother may apply for a postpartum parentage order. The intended parents must also terminate the parental rights of the surrogate mother and the surrogate`s husband (if applicable). Illinois has some of the most comprehensive and detailed surrogacy legal provisions in the country, codified as the Illinois Gestational Surrogacy Act, 750 ILCS 47/1 to 47/75. The law explicitly allows gestational surrogacy, sets out specific contractual requirements for a binding agreement, establishes the legal parental rights of intended parents over each resulting child, and provides “most importantly” that all intended parents who meet and comply with legal requirements must be named on the child`s birth certificate.

This avoids resorting to legal action to obtain parental rights.