VI. Violence against women and girls in the context of surrogacy
A. Economic violence
25. Surrogate mothers are particularly vulnerable to exploitation and violence throughout surrogacy if they are unable to make ends meet79 or are in debt.80 While there are some altruistic surrogates who are well educated and financially stable 81 and may have had positive experiences, those from more impoverished backgrounds, who constitute the majority, lack the same capacity to voice dissent or reveal the harms that they face.82
26. Numerous women were reportedly denied compensation and left without assistance when they miscarried or did not comply with all the requirements of their contract.83 In some instances, women who did not become pregnant were required to pay for fertility medications themselves. 84 In jurisdictions where surrogacy is permitted, it is often treated as a private arrangement between individuals, with little or no obligation on the State to collect or maintain the data necessary for monitoring and oversight.85
27. In many contracts, surrogate mothers are required to waive, in advance, their right to make their own medical decisions, or to waive the confidentiality of information obtained by doctors during treatments. 86 Other examples of harmful practices reportedly justified using a contract include the implantation of the maximum number of embryos to increase the chances of successful birth, recourse to selective abortion, constant monitoring by the intended parents, including through uninterrupted camera surveillance, 87 and restrictions on freedom of movement, 88 thereby contravening the definition of “decent and productive work” 89 and the “reasonable limitation of working hours”.90 Surrogacy arrangements, therefore, situate this practice outside the realm of freedom of contract. 91
28. There is a risk of falling into a cycle of dependency on payments from surrogacy, especially if women lose or leave their jobs during the process. 92 This problem is particularly relevant in developing countries. 93 Women also sell their eggs between pregnancies or after they are no longer suitable to be a surrogate. 94
B. Psychological violence
29. Women experience psychological pressure amounting to violence in order to serve as surrogates. They are often pressured into surrogacy by its presentation as an exercise in demonstrating the values of “love” and “solidarity” – particularly in relation to homosexual couples. 95 Such pressures discourage women from seeking help or voicing dissent, as they may already feel bound by the commitment to transfer a child to commissioning parents with whom they may have emotional ties. 96
30. A study of 50 women from India demonstrated that surrogate mothers have higher levels of depression during pregnancy and post-birth. In another research study, surrogate mothers reported difficulties in relinquishing their newborns in 35 per cent of cases and having negative emotions over their decision to go into surrogacy in 39 per cent of cases. Some 33 per cent were at risk of post-traumatic stress disorder or anxiety. Substantial stress was observed in 65 per cent of cases in negative in vitro fertilization outcomes. 97 They experience post-birth trauma linked to the release of high quantities of oxytocin after birth for the production of milk and the establishment of the bond, 98 a process abruptly interrupted by removing the newborn. 99 Surrogate mothers also report concern about their sexual lives during pregnancy, marital disturbance and their own childbirth planning. 100 There was only one study of surrogate mothers indicating no change in their well-being 10 years after surrogacy; however, it elicited methodological concerns. 101
31. No regulatory framework can fully prevent the serious psychological harm that may result from the separation process. 102 Some surrogacy agencies offer detachment therapies to compel expectant mothers to emotionally separate from children, but the result might be cognitive dissociation between their body and their feelings, 103 rising to the levels of post-traumatic stress disorder.10
32. Surrogates are often denied time with the newborn after birth, including not being allowed to hold the baby, 105 and may be cut off from contact with the intended parents and the child after giving birth. 106 Some surrogate mothers report feeling like “an object of a scientific experiment”. 107
C. Physical violence
33. Although recruitment material portrays surrogacy as a medically safe process for eligible women, evidence suggests that surrogate mothers have their health jeopardized to a greater extent than other mothers. 108 Drugs such as Lupron, which surrogate mothers usually self-administer109 to synchronize their cycle with that of the egg donor before embryo implantation, are classified as hazardous and recommended to be administered only by healthcare workers wearing protective gowns and gloves. Such practice results in a higher rate of maternal health complications for surrogate mothers compared with others. 110 Surrogate pregnancies are more likely to be ectopic111 and to lead to caesarean section, maternal gestational diabetes, hypertension, pre-eclampsia and placenta previa.112
34. Surrogacy contracts also change the dynamic in healthcare settings, particularly in countries where litigation is prolific. 113 Reports from India, 114 Mexico 115 and Nepal 116 indicate that delivery by caesarean section is arranged for surrogates regardless of medical indications or preferences, with risks for post-partum complications, particularly for impoverished women who live in rural areas.
D. Reproductive violence
35. Power imbalances between surrogate mothers and commissioning parents have severe consequences when the latter impose an abortion in cases of multiple pregnancies or fetal disability.117 Surrogate mothers have reportedly been pressured to terminate healthy pregnancies, including beyond the 12 weeks, through coercive tactics such as financial incentives, threats of legal action or the withdrawal of support to both the mother and the baby.118 Demands are often justified by claims that the child belongs to the commissioning parents. 119
36. Multiple pregnancies, which are a common outcome of in vitro fertilization procedures, pose heightened health risks for the surrogate mother. 120 In some cases where a multiple pregnancy progresses, commissioning parents also enforce a selective reduction.121
37. In societies with a strong cultural preference for male children, surrogacy may amplify existing sexist and gender biases through the incorporation of sex selection into in vitro fertilization service packages. 122
38. Egregious abuses have been documented against egg donors, with hundreds reportedly exploited for months through the harvesting of their eggs. 123 Girls are also reportedly exploited for their eggs and their wombs. 124 Some reports, including from China, describe scenarios of egg retrieval and embryo transfers being conducted in unregulated, underground laboratories operated by biotechnology companies, where the women undergoing the procedures were identified by codes and categorized as “high-end” or “low-end” products, on the basis of their appearance and health status, with each egg priced accordingly.125 Women with disabilities are not being spared such exploitation and abuse.126
E. Slavery and trafficking
39. The profit-oriented behaviour underpinning surrogacy service provision increases the risk of human trafficking at every stage of the process, including to other countries for forced reproductive labour. 127 In Georgia, for example, at least 100 female victims were reportedly kept in confinement and forced to give up their eggs after being artificially stimulated to ovulate. 128 Even in countries where surrogacy is regulated, such as Greece, risks persist. Foreign women have reportedly been trafficked into the country to serve as surrogate mothers. 129
40. Surrogacy arrangements can amount to or resemble slavery, as they place surrogate mothers in a position in which any or all of the attributes of the right of ownership are exercised over them. The commissioning parties exercise this right of usus over the woman’s body by requiring her to follow a specific diet, refusing her medical treatment or obliging her to undergo “embryo reduction” or abortion. 130 In Argentina, poorer women were reportedly recruited on social media to become surrogates in conditions that prosecutors described as the “reduction to servitude”. 131 In Ukraine, women were reportedly forced to live in small, overcrowded apartments, without access to hot water and with severe limitations on their freedom of movement.132
41. While it has been argued that regulations and oversight can decrease the risk of the trafficking of women and girls in surrogacy arrangements 133 and reduce harm,134 existing evidence does not support such conclusions. 135
42. Commercial surrogacy, which accounts for the overwhelming majority of surrogacy cases globally, constitutes the sale of children, which is a crime. 136 Without the transfer of the child, there would be no incentive for the surrogacy agreement. 137 Notably, in jurisdictions where commercial surrogacy is allowed, the main difference between the illegal sale of children and legal surrogacy is the point at which parental rights are transferred.138
43. It becomes very complex to determine what exploitation and abuse have been committed against the surrogate mother and child after the latter has been transferred to the intended parents. Challenges also arise in determining who should be treated as a perpetrator, a victim or a witness.139 In some cases, impoverished families traffic daughters into surrogacy networks, including under the guise of employment or marriage.140 Issues of double criminality arise when surrogacy does not qualify as a criminal offence in all relevant jurisdictions, and transnational law enforcement remains challenging
79 The https://english.elpais.com/elpais/2017/01/02/inenglish/1483355190_156732.html.
80 Submission by Japan Coalition against Surrogacy Practices.
81 José Ángel Martínez-López and Pilar Munuera-Gómez, “Surrogacy in the United States: analysis of sociodemographic profiles and motivations of surrogates”, Reproductive BioMedicine Online, vol. 49, No. 4 (October 2024).
82 Submission by Luba Fein, Voices of Israeli Sex Trade Survivors.
83 Submission by Women’s Liberation Front.
84 See https://www.scielo.org.mx/pdf/conver/v31/2448-5799-conver-31-e20648-en.pdf.
85 Rosana Triviño-Caballero, “Caring for delivery: healthcare professionals’ ethical conflicts in
surrogate pregnancy”, Hypatia, vol. 38, No. 3 (Summer 2023).
86 Carlos Martínez de Aguirre, “International surrogacy arrangements: a global ‘Handmaid’s Tale’?”, in Fundamental Problems of Surrogate Motherhood: Global Perspective, Piotr Mostowik, ed. (Warsaw, Instytut Wymiaru Sprawiedliwości, 2019).
87 Berk, “The legalization of emotion”.
88 Joint submission by E. Bilotti, V. Calderai, S. Niccolai, I. Pretelli, N. Rueda.
89 International Labour Office, Report of the Director-General: Decent Work, 87th session (Geneva, 1999).
90 International Covenant on Economic, Social and Cultural Rights, art. 7 (d).
91 Adeline A. Allen, “Surrogacy and limitations to freedom of contract: toward being more fully
human”, Harvard Journal of Law and Public Policy, vol. 41, No. 3 (2018).
92 Expert consultations.
93 Olga B.A. van den Akker, Surrogate Motherhood Families (Routledge, 2017).
94 Fronek, “Current perspectives”.
95 Submission by CQFD Lesbian Feminists.
96 Submission by Not All Gays.
97 Ansha Patel, Pratap Kumar and P.S.V.N. Sharma, ‘“The Miracle Mothers and Marvelous Babies’: psychosocial aspects of surrogacy – a narrative review”, Journal of Human Reproductive Science, vol. 13, No. 2 (April–June 2020).
98 See e.g. Eliah Abasi and others, “Evaluating the effect of prenatal interventions on maternal– foetal attachment: a systematic review and meta-analysis”, Nursing Open, vol. 8, No. 1 (January 2021).
99 Bandelli, Sociological Debates.
100 Marjan Goli and others, “A reproductive health-care programme for surrogate mothers: a mixed methods study”, Journal of Education and Health Promotion, vol. 11, No. 1 (2022). 101 V. Jadva, S. Imrie and S. Golombok, “Surrogate mothers
10 years on: a longitudinal study of psychological well-being and relationships with the parents and child”, Human Reproduction, vol. 30, No. 2 (February 2025).
102 Submission by Olivia Maurel.
103 Submission by Soroptimist International.
104 Clara Watson, “Womb rentals and baby-selling: does surrogacy undermine the human dignity and rights of the surrogate mother and child?”, The New Bioethics, vol. 22, No. 3 (2016).
105 Ilya Gridneff, Emily Schultheis and Dmytro Drabyk, “Inside a Ukrainian baby factory”, Politico, 23 July 2023.
106 Submission by The Jamaican Network of Seropositives.
107 Consultations with surrogate mothers.
108 Submission by Collectif pour le Respect de la Medecine.
109 See https://cbc-network.org/2020/04/lets-talk-about-lupron.
110 Maria P. Velez and others, “Severe maternal and neonatal morbidity among gestational carriers: a cohort study”, Annals of Internal Medicine, vol. 177, No. 11 (2024).
111 Expert consultations.
112 See e.g. Jennifer Lahl and others, “A comparison of American women’s experiences with both gestational surrogate pregnancies and spontaneous pregnancies”, Dignity: A Journal of Analysis of Exploitation and Violence, vol. 7, No. 3 (2022).
113 Van den Akker, Surrogate Motherhood Families.
114 Amrita Pande, Wombs in Labour: Transnational Commercial Surrogacy in India (2014).
115 April Hovav, “Cutting out the surrogate: caesarean sections in the Mexican surrogacy industry”, Social Science and Medicine, vol. 256 (July 2020).
116 Carmen Shalev, Hedva Eyal and Etti Samama, “Transnational surrogacy and the earthquake in Nepal: a case study from Israel”, in Babies for Sale: Transnational Surrogacy, Human Rights and the Politics of Reproduction, Miranda Davies, ed. (London, Zed Books, 2017).
117 Submission by Vita Alliance.
118 See e.g. https://edition.cnn.com/2013/03/04/health/surrogacy-kelley-legal-battle; https://www.dailymail.co.uk/news/article-12254637/Surrogate-claims-gay-dads-told-terminatepregnancy-24-weeks-cancer-diagnosis.html; and https://www.liveaction.org/news/surrogatemother-saved-abortion.
119 See https://www.legalizesurrogacywhynot.com/melissa-cook-story.
120 Raywat Deonandan, Samantha Green and Amanda van Beinum, “Ethical concerns for maternal surrogacy and reproductive tourism”, Journal of Medical Ethics, vol. 38, No. 12 (2012). 121 Arianna Vettorel, “Surrogacy contracts and international human rights law”, Deportate, Esuli, Profughe, No. 47 (2021).
122 Submission by The Jamaican Network of Seropositives.
123 See https://civil.ge/archives/659924.
124 See https://www.scmp.com/news/people-culture/trending-china/article/3303939/shock-teensurrogate-gives-birth-twins-chinese-man-50-receives-us124000.
125 See https://www.thinkchina.sg/society/chinas-underground-surrogacy-industry-operatingshadows.
126 See https://www.scmp.com/news/people-culture/trending-china/article/3310495/china-villagecentre-illegal-surrogacy-probe-some-proxy-mums-being-deaf-mute-disabled.
127 Ibid.
128 See https://www.reuters.com/world/georgia-thailand-probing-human-egg-trafficking-ring-2025- 02-07/.
129 See Communication No. AL GRC 2/2024, available at https://spcommreports.ohchr.org/ TMResultsBase/DownLoadPublicCommunicationFile?gId=29143.
130 Submission by Casablanca Declaration.
131 See https://www.theguardian.com/world/2024/oct/22/surrogacy-ring-argentina.
132 Madeline Roache, “Ukraine’s ‘Baby Factories’: the human cost of surrogacy”, Al Jazeera, 13 September 2018.
133 Submission of La Strada International.
134 Submission by Amnesty International et al.
135 Submission by Voices of Israeli Sex Trade Survivors.
136 Allen, “Surrogacy and limitations”.
137 Submission by ADF International.
138 Submission by the Heritage Foundation.
139 See https://www.eurojust.europa.eu/sites/default/files/assets/files/surrogacy-leaflet-27-08-2024- v6.pdf.
140 Submission by Centre for Criminology, Criminal Justice and Victimology.






