"Baby-Steps for Baby Business": Diverse Market, Challenges, and Workable International Regulation for Cross-Border Commercial Surrogacy

Authors

Ellene Ko, Benjamin N. Cardozo School of Law

Abstract

The note examines the rapid growth of transnational commercial surrogacy as a multibillion-dollar industry, driven by assisted reproductive technologies and fertility tourism. It highlights the legal conflicts and challenges arising from the patchwork of international surrogacy regulations, including issues of citizenship, exploitation, and enforcement of cross-border contracts. The analysis advocates for an international convention to establish a clear legal framework for transnational surrogacy, emphasizing the need for shared responsibility between global and national oversight bodies to prevent exploitation and ensure ethical practices.

Disciplines

Comparative and Foreign Law | Conflict of Laws | Estates and Trusts | International Law | Law

Recommended Citation

Ellene Ko, "Baby-Steps for Baby Business": Diverse Market, Challenges, and Workable International Regulation for Cross-Border Commercial Surrogacy, 8 Cardozo Int’l & Compar. L. Rev. 459 (2025).
Available at: https://larc.cardozo.yu.edu/ciclr/vol8/iss2/6