The rights of children must come first in international surrogacy

So how can the rights of children born through surrogacy be upheld?

I believe that Victorian practice provides a useful model. It incorporates requirements for extensive counselling and psychosocial assessment of both intending parents and surrogates, police and child protection background checks for all parties, and registration of information relating to donor-conception for later access by people seeking to learn about their origins.

In 2013, the International Social Service network produced a 'Call to Action' on the needs of children born through surrogacy and other forms of assisted reproductive technology.

This recommended that policymakers, legislators and other professionals focus on:

• The feasibility of international regulation of cross-border surrogacy through a Hague Convention or a Special Comment of the UN Committee on the Rights of the Child
• Investigation of the long-term impact on and psychological adjustment of children to separation from their surrogate mothers
• The development of policies and practices to ensure the wellbeing and protection of all children born through surrogacy, but especially those with specific needs due to disability or those deprived of parental care
• Arrangements to ensure citizenship of surrogate-born children to avoid statelessness
• Policies and practices to preserve the access of surrogate-born individuals to birth/donor records

Parenthood is not a right, but a responsibility of families and of society. The creation of a child through surrogacy is a decision made by adults, but with a direct bearing on children. Cross-border surrogacy debates and practices need to be re-oriented from the needs and wishes of adults to the preservation and protection of children's rights and best interests.