‘Do no harm’ and cross-border surrogacy facilitation

RMIT Researchers

  • Yingyi Luo (PhD candidate (Law))
  • Associate Professor Shelley Marshall
  • Professor Denise Cuthbert

Project Description

This project proposes ways that Australian law and policies can be reformed to ensure that human rights are recognised and respected in cross-border surrogacy. Parties involved in cross-border surrogacy arrangements are at risk not only in Australia but globally due to the current lack of a principled framework that holds surrogacy facilitators accountable. Although international human rights law has related provisions bearing upon the rights of women and children, these principles of international law are broad and have not been interpreted to apply to facilitators or their companies. This study aims to use the ‘do no harm principle’ driven from the United Nations Guiding Principles on Business and Human Rights as a touchstone for evaluating problems of current practice of facilitation surrogacy in their particulars, assessing whether facilitators in the course of their facilitation activates have effectively avoided exposing vulnerable parities to additional risks.



Key Words

cross-border surrogacy, human rights, do no harm

Funding Sources

RMIT Research Stipend Scholarship

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Acknowledgement of country

RMIT University acknowledges the people of the Woi wurrung and Boon wurrung language groups of the eastern Kulin Nation on whose unceded lands we conduct the business of the University. RMIT University respectfully acknowledges their Ancestors and Elders, past and present. RMIT also acknowledges the Traditional Custodians and their Ancestors of the lands and waters across Australia where we conduct our business. - Artwork created by Louisa Bloomer