From Intercountry Adoption to Global Surrogacy ─ A Human Rights History and New Fertility Frontiers

Intercountry adoption has undergone a radical decline since 2004 when it reached a peak of approximately 45,000 children adopted globally. Its practice had been linked to conflict, poverty, gender inequality, and claims of human trafficking, ultimately leading to establishment of The Hague Convention on Intercountry Adoption (HCIA). This international private law along with the Convention on the Rights of the Child (CRC) both affirm the best interests of the child as paramount in making decisions on behalf of children and families with obligations specifically oriented to safeguards in the adoption practices. In 2004, as intercountry adoption peaked, the first baby in India was born as the result of a commercial global surrogacy contract. Since then, commercial global surrogacy practice has rapidly increased and gained in popularity owing to improved assisted reproductive technology methods, the ease with which people can make global surrogacy arrangements, and same-sex couples seeking the option to have their own genetically-related children. Yet regulation remains an issue, so much so that it is predicted that the Hague Conference on Private International Law will draft a new law, with some similarities to the HCIA with a strong emphasis on parentage. This ground-breaking book presents a detailed history and applies policy and human rights issues with an emphasis on the best interests of the child within intercountry adoption and the new conceptions of protections necessary in global surrogacy. Voices of surrogate mothers in the U.S. and India ground discourse as authors consider the human rights concerns and policy implications.

Karen Smith Rotabi is Associate Professor of Social Work at the United Arab Emirates University. Her work combines historical, sociological, and ethical considerations in a policy analysis framework, especially considering human rights of vulnerable populations. She has published extensively on intercountry adoption and relevant laws, particularly focused on the USA and its powerful interface with impoverished countries such as Guatemala. Her research agenda is focused on global social work practice. child protection and family support, to include families impacted by war. She has consulted on child protection initiatives in a number of countries including Belize, Afghanistan, India, and Malawi. She has co-edited the 2012 book: Intercountry Adoption: Policies, Practices, and Outcomes. It was awarded a Choice ’Outstanding Academic Title’ in 2013. More recently, she has turned her attention to commercial global surrogacy as a replacement for intercountry adoption. Her service work in this area includes joining an expert group on child rights and global surrogacy, convening under the leadership of International Social Services in Geneva, Switzerland.

Nicole F. Bromfield is Associate Professor and Associate Dean for Academic Affairs in the Graduate College of Social Work at the University of Houston. Her research interests are on women and children’s health and social wellbeing, with most projects being driven by community needs with the desired outcome being social policy change. She has a PhD in public policy with a specialization in social and health policy and holds an MSW with a community organization concentration. Nicole’s dissertation research was on the development of federal human trafficking legislation in the U.S., where she interviewed over twenty key policy players involved in its making. She has published on issues relating to human trafficking and has more recently taken an interest in global surrogacy arrangements, as well as social issues occurring in the Arabian Gulf nations.