Babies FOR SALE? Transnational surrogacy, human rights and the politics of reproduction

Discussions on the Content of the Right to Private and Family Life from the Perspective of Reproductive Rights

“…By arbitrary interferences we mean those that do not have a justification, and the accepted justification is represented by the protected values: the good or the general interest, the public order and so on. Or, with regard to the medically assisted human reproduction, it was argued (Davies, 2017) that the prohibition of the surrogate motherhood or even its formal recognition, but without the assumption by countries of any positive obligation to ensure the easiest exercise of this reproductive right, represents arbitrary state interference in the family life. Other authors (Ergas, 2013) pointed out the contradiction in terms of this argument: as long as the state is required to assume a positive obligation to grant access to the resources collected by the state from all the members of the society to people who wish to use the innovative techniques of assisted reproduction, this is not an interference of the state, but a call to action from the beneficiaries, addressed to the state.…”