Commercial Gestational Surrogacy: Unravelling the threads between reproductive tourism and child trafficking

Narratives of commercial gestational surrogacy (CGS) as ‘baby-selling’ often conflate or interchange the transfer children born via with trafficking in sale children, two sometimes overlapping but nonetheless distinct offenses. Moreover, anti-trafficking laws have been used to police cross-border CGS. But when do CGS arrangements fall within category legitimate ‘reproductive tourism’ and they amount child trafficking? In this paper I critically explore intersections between human CGS, vis-à-vis child, charting relevant context international surrogacy, analysing whether are an appropriate mechanism through which regulate conclude that while might occur itself is not under law.