Transnational Commercial Surrogacy： The Legal Barriers Facing Intended Parents and Children Born through Surrogacy

• Main Authors: Chao,Yun, 趙勻
• Other Authors: Lin, Yun-Hsien
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/74282251373760747900

碩士 === 國立清華大學 === 科技法律研究所 === 104 === According to laws of Taiwan, surrogacy is not allowed, and The Artificial Reproduction Act states that, only married couples can use assisted reproduction technologies (ART) in Taiwan. The only feasible way for same-sex couples and single people in Taiwan to have children is through adoption. However, the fact remains that parenting through adoption is more difficult to achieve for same-sex couples and single people than for heterosexual couples in Taiwan. Therefore, people consider the use of ART abroad. The willingness to travel for ART and the practices are known as fertility / reproductive tourism. One of the fastest-growing categories is transnational surrogacy, the act of intended parents traveling internationally to engage the paid services of foreign surrogates to carry their babies to term. People who seek parenthood have benefited from transnational surrogacy, however, it also created legal risks arising from conflict of laws and, in some cases, created potentials to leave the legal status and nationality of children in doubt. Children born to surrogates abroad might not be considered as citizens of Taiwan, and Taiwan’s complex family registry system makes it difficult to complete birth registration and registration of parentage. Moreover, intended parents who seek the transnational surrogacy have to face the potential cost arising from the unfamiliar legal systems and accountability for surrogacy agencies. Based on the study findings, the author suggests that Taiwan should establish a framework to legalize and regulate surrogacy in order to protect intended parents and children born through surrogacy. Counseling systems should also be developed, by which medical information, psychological supports and legal advices are provided. Furthermore, administrative agencies should also reach a consensus on issues of dealing with birth certificates of children born through transnational surrogacy arrangements, regarding the best interests of the child as the most important consideration when dealing with cases of transnational surrogacy.