The Journal of Human Rights

The Journal of Human Rights

Statelessness in the Context of International Surrogacy

Document Type : Review Article

Author
Assistant Professor Al-Zahra University
Abstract
Surrogacy has emerged as a novel and complex challenge within the domains of private international law and human rights. This challenge becomes especially acute in the absence of harmonized domestic legal systems and aligned international obligations, potentially resulting in statelessness for a significant number of children born through such processes. This study, employing a descriptive-analytical methodology. explores one of the most intricate manifestations of legal conflict in the realm of nationality law: In situations where the surrogacy agreement or the parentage stipulated therein is not legally recognized by the child’s country of birth or the intended parents’ country of nationality, the child remains without a legal or civil identity. An analysis of different legal systems' approaches to surrogacy, along with an examination of relevant judicial practices and international legal instruments reveals that legislative gaps and the absence of global consensus regarding the legitimacy and legal consequences of surrogacy have placed children born through cross-border arrangements at risk of being deprived of the most fundamental human rights. In response to this pressing issue, the article underscores the necessity of revising national laws through a child-centered lens rooted in the principle of the best interests of the child, and calls for the establishment of preventive legal mechanisms to guarantee the attribution of nationality to these children.
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Articles in Press, Accepted Manuscript
Available Online from 08 February 2026