Commission on the Status
of Women

Background Guide Topic:

Protecting Children’s Rights after Surrogacy
Arrangements_____________________________________________​

Director’s Note
Dear Delegates,
Thank you all for joining the Advanced Committee of Japan Metropolitan Model United Nations
2020. Hello, my name is Yuriko Watanabe from Senzoku Gakuen High School, and I will serve as the
director of this committee. I am in my junior year of high school, and this is my second year charing
in JMMUN.
This year, the Advanced Committee will explore the topic: “Protecting Children’s Rights After
Surrogacy Arrangements.” In recent years, surrogacy has developed several complex issues such as
financial issues. Last year, the United Nations addressed the issue from disparate stances and passed a
resolution regarding the safety of surrogacy and different state laws, reaffirming the necessity to solvecase by case. This topic interpretation differs depending on the country’s stance since the state laws
are outlawed separately. Further research is absolutely vital, understanding all of the statements aboutsurrogacy and how the country interprets it.
My Model United Nations experience began five years ago. Attending the New York Junior Model
United Nations conference, gaining an insight into the procedural matters and the basic fundamentalsof Model United Nations was certainly the beginning of my interest. With the participation in
JMMUN 2019 in the Advanced Committee as a chair, serving next to the director, this experience led
me to further discover the heavy responsibilities that chairs must possess. Carrying this to teach the
inexperienced chairs this year, developing the skills needed for serving as facilitators was definitely
challenging. Nevertheless, as of procedural matters, we will pursue our best collaborative efforts to
run the committee as smoothly as possible.
This is the Advanced Committee; therefore, the topic itself establishes a complex web of subtopics
and the procedure will go in depth in terms of completing all the essential procedures. Although theresearch is an immense amount to cover all the problems listed below, the chairs expect well-spokendelegates with enthusiastic and respective manners. The chairs are looking forward to some high level
debate and comprehensive resolutions to eventually pass. I hope all of you enjoy this conference andlearn many skills from others.

Sincerely,

Yuriko Watanabe, Director
Commission on the Status of Women
Senzoku Gakuen Model United Nations ClubJapan Metropolitan Model United Nations 2020

Terms and Concept
Gestational Surrogacy
Gestational surrogacy is a type of surrogacy in which the child is not biologically related to thesurrogate mother, gestational carrier. In most cases, at least one intended parent is genetically related
to the child, and the surrogate mother is not. This makes gestational surrogacy less legallycomplicated than other forms of surrogacy because stepparent or second-parent
adoption is not required. The embryos are made through IVF process, using the eggs and sperm of theintended parents or donors. *¹

Traditional Surrogacy
Traditional surrogacy is another type of surrogacy in which the gestational carrier uses her own egg
and is artificially inseminated using sperm from the intended father or a donor. The gestational carrier
carries and delivers the baby, and because she is the child’s biological mother, she must relinquish herparental rights so that the child can be raised by the intended parents. Traditional surrogacy is lesscommon than gestational surrogacy due to traditional surrogacy’s legal and emotional complexities. *²

In Vitro Fertilization Process (IVF Process)In vitro fertilization process, IVF process, is a series of procedures where mature eggs are retrieved
from ovaries fertilized by sperm in a lab, and fertilized egg(s), or embryo, are transferred to the uterus.
In surrogacy case, the gestational carrier who has an embryo implanted in her uterus can possibly use
this process. IVF process is a treatment for infertility or genetic problems, working as fertility
preservation for cancer or other health conditions in spite of establishing several risks including
multiple births if more than one embryo is transferred to the uterus and premature birth as well as low
birth weight. *³

Stepparent Adoption
Stepparent adoption illustrate any situation in which someone becomes a legal parent for his or her
spouse’s child. The legal process for stepparent adoption is similar to any other forms of adoption inthat it requires background checks, birth parent consent, and legal finalization. This procedure differs
depending on the country and the state. *⁴

History of the Committee
The Commission on the Status of Women (CSW) is the principal global intergovernmental bodyexclusively dedicated to the promotion of gender inequality and the empowerment of women. A
functional commission of the Economic and Social Council (ECOSOC), it was established in
February 1947. From 1947 to 1962, the committee focused on setting standards and formulatinginternational conventions to change discriminatory legislation and foster global awareness of women's
issues. The committee contributed in drafting the Universal Declaration of Human Rights, arguing thegender equality and introductions of inclusive language. In 1975, the First World Conference on
Women was held in Mexico City, after 1975 being designated as the International Women’s Year,followed by 1976-1985 UN Decade for Women: Equality, Development and Peace. Additional
conferences were held in various places across many years with the development of UN Development
Fund for Women (UNIFEM), the International Research and Training Institute for the Advancementof Women (INSTRAW), and the Office of the Special Advisor on Gender Issues and Advancement of

Women (OSAGI). In 2011, DAW, INSTRAW, OSAGI, and UNIFEM merged to become UN
Women, current Commission on the Status of Women. *⁵

Past UN Actions
1. UN Convention on the Rights of the Child (CRC)
According to United Nation International Children’s Emergency Fund declares children to have theirown rights and “are not just objects who belong to their parents and for whom decisions are made, or
adults in training.” This convention defines children until 18 as a “special and protected time, inwhich children must be allowed to grow, learn, play, develop and flourish with dignity.” *⁶

2. United Nations Human Rights Council
The United Nations Human Rights Council announced a research on children's rights which included
the topic of surrogacy. The research focuses on a wide range of policies about surrogacy, includinginternational norms that are currently lacking. Moreover, the document also includes existing
problems of “abusive practices in both unregulated and regulated contexts.” In order to prohibit thesale of children, strengthening the “legitimacy and viability of the fundamental norm” is crucial. This
implementation is consequential as it relates to the topic of surrogacy. *⁷

Current Situation
1. Financial Issue
A large amount of money goes through the progress of surrogacy. "A surrogate in Ukraine can earn up
to $20,000 - more than eight times the average yearly income" (Fenton-Glynn, 2019). Women indeveloping countries are frequently targeted for commercial surrogacy industry. *⁸
There are problems that connect to human rights. Women from poor backgrounds are often forced tobe surrogate mothers in order to earn money. According to the Office of the High Commissioner for
Human Rights, the fact that the surrogate mother receives compensation in exchange for a child isamounting the sale of the child, therefore valuing the child as a service. *⁹
There are several cases of surrogate mothers not receiving payment. “‘Commercial surrogacy in
Ukraine is unregulated and two-thirds of the industry operates illegally’” (Roache, 2018). Somesurrogate mothers are exploited by surrogate agencies, most of the profit taken away or not paid if
miscarried. *¹⁰

2. Health Impact
Being a surrogate mother carrying someone else’s child is an emotionally demanding process
followed by all the trials and risks. Health impacts are often times overlooked, especially in cases ofsurrogate mothers. According to the ​Surrogate Mothers: A Violation of Human Rights​, “First, it
separates sex from reproduction; second, it separates motherhood from pregnancy; and third, it
separates the unity of one couple in the involvement of a third person within the potential family
relationship.” *¹¹
Although surrogate mother needs to give up her baby to the intended mother, the detachment causes
severe emotional pain. While giving birth for the intended parents may be overwhelming andexhilarating, it is the parents who eventually take home the child resulting in the surrogate mother tofeel grief and loss. *¹²
Not only do these surrogate mothers undergo high-risk emotional experience, they also suffer physicalagony. Since giving birth to multiple infants that are ensured to be successful is required, surrogate
mothers normally endure ​gestational diabetes, fetal growth restriction, pre-eclampsia, and prematurebirth. The drug, Lupron, which is used to transfer embryos, has also been documented to put surrogate
women at risk for increased intracranial pressure. *¹³​*¹⁴

3. Gender Selection
Gender selection is a medical technique used by prospective parents who wish to choose the sex of
their offspring, called Pre-implantation Genetic Diagnosis (PDG). This is a screening which allows
IVF embryos to be tested for gender-related genetic conditions before being transferred to the uterus.
The main aim of this test is to confirm the only healthiest embryos are implanted into the uterus. *¹⁵
Gender selection raises many ethical concerns regarding surrogacy; however, through medical
perspectives, those pursuing IVF process can choose the gender of their baby. The IVF process itself
does not automatically allow for the creation of an embryo of a certain gender, yet rather lends itself
to gender selection before the embryo is transferred. Gender selection is more of a personal matterthan discrimination against a certain sex. For example, intended parents who select a certain gendermost often do so to bring a sense of balance to an existing family as if they already have a boy and agirl or vice versa. Additionally, many argue that “slippery slope” of choosing sex will occur, leading
to genetic modification and other unnatural changes to reproduction process. Many ethicalconsiderations are brought down under discussion through a complicated process of gender selection
and a complex relationship with the doctor; therefore, gender selection in surrogacy is one of the vital
issues in this topic. *¹⁶Subtopic A: Surrogate Mother
Introduction
Bear in mind, the situations in legal and illegal countries hold very distinctive perspectives on thisissue. This section will be divided into countries where surrogacy is legal and illegal to justify the
stances.
Overall
Although the definition varies depending on the nation, concerns regarding the surrogate mother staythe same. The definitions and further explanation will be discussed later in this Introduction section.
Thus, this section will focus on ethical problems about the surrogate mother.
Many concerns are taken into consideration especially the full implications of undergoing treatment
by IVF and surrogacy, the possibility of multiple pregnancies, and medical risks associated withpregnancy. These risks involve ​preeclampsia​ ​and eclampsia, urinary tract infections, a​ ​nd ​stressincontinence, yet these risks are not specifically associated with surrogacy, but pregnancy in general.
Moreover, as a form of psychological risk, surrogate mothers may experience emotional trauma after
having to relinquish the child. *¹⁷

Surrogacy has raised several ethical debates. For instance, womb commodification, which is a term
used due to the economic agents engaged in the practice. The commodification arrangement promotes
the argument whether women are given control over their body or being exploited for their individual
body parts. On the other hand, womb commodification allows the rich to take advantage of thewillingness of poor women to perform any job as long as they are able to earn a wage. *¹⁷
Illegal Countries
The surrogate mother is the legal mother of any child they carry, even if they are not geneticallyrelated, until they sign a parental or adoption order following the birth, which transfers their rights tothe intended parents. Pregnant employees have the right to fifty-two weeks maternity leave, and toreturn to their job after maternity leave. Whatever the birth mother does with the child in a surrogacy
arrangement following the birth it has no impact on her right to maternity leave. *¹⁸
The intended parents of the child can change who is regarded as the legal parents by obtaining aparental order. This will ensure that the parental rights are transferred from the surrogate mother to theintended parents. Parental orders to become legal parents of the child can be sought six weeks after
the child is born, and before they are six months old. To be able to apply for a parental order, at least
one intended parent must be genetically related to the child. If they are not genetically related to thechild, intended parents will need to use a registered adoption agency and get an adoption order. *¹⁹

Regional Situation
Legal Countries“The cross-border patterns of international surrogacy arrangements are diverse. Commonly, intending
parents from developed countries, including Australia, Canada, France, Germany, Israel, Italy,
Norway, Spain, the United Kingdom of Great Britain and Northern Ireland and the United States ofAmerica, have engaged in commercial international surrogacy arrangements with surrogate mothers indeveloping countries, such as Cambodia, India, Lao People’s Democratic Republic, Nepal and
Thailand. However, California and other jurisdictions in the United States are centres for commercial
international surrogacy arrangements, as are Georgia, the Russian Federation and Ukraine, creating a
different set of cross-border relationships. In addition, intending parents from China frequently engage
in commercial surrogacy in South-East Asia and the United States. All of these patterns pose humanrights concerns.” *²⁰
India
Although India allows surrogacy, they maintain a strict law on the conditions of those who arepermitted to do so. “In 2015, the Indian government passed new regulations on the surrogacy process.
Today, Indian surrogacy laws make it illegal for ​foreign​ intended parents to complete a surrogacy inIndia. The only people who can complete a commercial surrogacy in India today are Indian intended
parents who have been married for at least five years,” states the article, ​Surrogate​. In December
2018, the Indian surrogacy law narrowed the condition of parents who are allowed to do surrogacy.
This law banned commercial surrogacy and only authorized altruistic surrogacy for infertile Indian
couples. Furthermore, “It also requires intended parents to be married for five years and have adoctor’s certificate of their infertility. India restricts women to being surrogates only once, and only ifthey are a close relative of the intended parents, are married and have a biological child.” *²¹Illegal Countries“National laws governing surrogacy vary across a spectrum from prohibitionist to permissive. Thisvariation occurs across national boundaries and sometimes within national boundaries, as surrogacy issometimes regulated primarily by local law (i.e. in Australia, Mexico and the United States). The mostprohibitionist jurisdictions, such as France and Germany, ban all forms of surrogacy, includingcommercial and altruistic, and traditional and gestational. Most jurisdictions with laws governing
surrogacy, including Australia, Greece, New Zealand, South Africa and the United Kingdom, prohibit“commercial”, “forprofit” or “compensated” surrogacy, while explicitly or implicitly permitting“altruistic” surrogacy. Only a small minority of States explicitly permit commercial surrogacy forboth national and foreign intending parents, thereby choosing to become centres for both national andinternational commercial surrogacy. Cambodia, India, Nepal and Thailand, and the Mexican State ofTabasco, are examples of States or jurisdictions which have served as centres for commercial
international surrogacy arrangements but have recently taken steps to prohibit or limit sucharrangements, generally in response to abusive practices. However, Georgia, the Russian Federationand Ukraine, and some states in the United States, have for a sustained period of time chosen toremain centres for international surrogacy arrangements.” *²²
United States of America
The United States have different surrogacy laws depending on the states. States located in the very
West and the East allow surrogacy for all parents including married same-sex couples. Many of thestates permit surrogacy, but require long procedures and some policies are still unclear. Louisiana,
Michigan, and New York are the only three states that prohibit surrogacy. Often times, the intended
parents cannot be declared as legal parents and arrangements such as surrogacy contracts or birthcertificates cannot be obtained. *²²

Subtopic B: Intended Parents
Introduction
Along with the subtopic A: surrogate mother section, the definition of intended parents differs
according to the country’s stance. Taking an overall perspective on intended parents will be theessential key point of this section.
In many cases, intended parents are people who have tried for years to have a biological child, either
naturally or through the in vitro process. Intended parents can include all kinds of couples and single
people. For example, single men who want a child, single women who cannot carry a child to termthemselves, due to infertility or health risks, same-sex male couples Same-sex female couples who
cannot carry a child themselves, and heterosexual couples struggling with infertility and the inability
to carry a child. *²³

Regional Situation
United States of America
Countries such as the United States (US) has different legality towards surrogacy in each state.
Because the private sector is in charge of healthcare in the US, the cost is expensive compared to othercountries. The cost for surrogacy differs in each country and many intended parents make surrogacy
arrangements abroad. *²⁴

Illegal Countries
When intended parents live in a country considering surrogacy illegal, they will need to find surrogate
mothers abroad. There are some countries that ban international surrogacy arrangements from othercountries such as India and is necessary for intended parents to check regional surrogacy laws.
International surrogacy arrangements can cause complication of legal parentage and other legal issues.
*²⁵

Questions to Consider
What is your country’s definition of surrogacy?
What is your country’s definition of surrogate mother?
What is your country’s definition of intended parents?
Is your country defined as illegal or legal country?
Are there any other controversial issues that resulted in affecting one’s country’s stance on surrogacy?
Has your country been taking action in the past to support your stance?

Works Cited
Terms and Concept*​¹ ​“About Surrogacy: What Is Gestational Surrogacy?” Surrogacy.com, Surrogacy.com.
*​² ​“About Surrogacy: What Is Traditional Surrogacy?” Surrogacy.com, Surrogacy.com.
*​³ ​“In Vitro Fertilization (IVF).” Mayo Clinic, Mayo Foundation for Medical Education andResearch.
*​⁴ ​“Why Adopt a Stepchild?” Considering Adoption, Considering Adoption.

History of the Committee*⁵ ​“A Brief History of the Commission on the Status of Women.” UN Women, UN Women.

Past UN Actions*⁶ ​“Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural
Rights, Including the Right to Development .” General Assembly, 15 Jan. 2018.
*⁷ ​“What Is the Convention on the Rights of the Child?” UNICEF, UNICEF.

Current Situation*⁸ ​Fenton-Glynn, Claire. “Surrogacy: Why the World Needs Rules for 'Selling' Babies.” BBC News,
BBC, 26 Apr. 2019, www.bbc.com/news/health-47826356.
*⁹ ​“Children Risk Being ‘Commodities’ as Surrogacy Spreads, UN Rights Expert Warns.” OHCHR,
6 Mar. 2018, www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22763&LangID=E.
*​¹⁰ ​Roache, Madeline. “Ukraine's 'Baby Factories': The Human Cost of Surrogacy.” Maternal
Health | Al Jazeera, Al Jazeera, 13 Sept. 2018,www.aljazeera.com/indepth/features/ukraine-baby-factories-human-cost-surrogacy-18091220125115
3.html.
*​¹¹ ​Saxena, Pikee, et al. “Surrogacy: Ethical and Legal Issues.” Indian Journal of Community
Medicine : Official Publication of Indian Association of Preventive & Social Medicine, Medknow
Publications & Media Pvt Ltd, Oct. 2012, www.ncbi.nlm.nih.gov/pmc/articles/PMC3531011/.
*​¹² ​“Surrogate.com.” Information About Surrogacy, Surrogate.com,
surrogate.com/surrogates/pregnancy-and-health/emotional-and-medical-risks-of-surrogacy/.
*​¹³ ​“Surrogate Motherhood: A Violation of Human Rights.” European Centre for Law and Justice, 26
Apr. 2012.
*​¹⁴ ​“The Overlooked Risks of Surrogacy for Women.” Institute for Family Studies, Mary Rose
Somarriba, 22 Nov. 2017, ifstudies.org/blog/the-overlooked-risks-of-surrogacy-for-women.
*​¹⁵ ​Griffiths, Josie. “How Does Gender Selection Work Is It Legal in the UK and Is It the Same as
Early Foetus Gender Identification?” The Sun, The Sun, 17 Sept. 2018.
*​¹⁶ ​“CAN YOU CHOOSE THE GENDER OF YOUR BABY WITH SURROGACY?” American
Surrogacy Blog, American Surrogacy Blog, 8 Jan. 2018.

Subtopic A*​¹⁷ ​“Insight into Different Aspects of Surrogacy Practices.” NCBI, NCBI, 2018.
*​¹⁸ ​“Surrogacy - Rights for Surrogate Mothers and Intended Parents.” ACAS, ACAS.
*​¹⁹ ​“Surrogacy.” Children Law Advice, Children Law Advice.
*​²⁰ ​“Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural
Rights, Including the Right to Development .” General Assembly, 15 Jan. 2018.
*​²¹ ​“Surrogate.com.” ALL YOU NEED TO KNOW ABOUT COMPLETING SURROGACY IN INDIA,
Surrogate.com, surrogate.com/intended-parents/international-surrogacy/surrogacy-in-india/.

*​²² ​“U.S. Surrogacy Map.” Creative Family Connections,www.creativefamilyconnections.com/us-surrogacy-law-map/. 2016.

Subtopic B*​²³ ​“Surrogates Who Are Intended Parents and Why Do They Choose Surrogacy?” Surrogate.com,
Surrogate.com.
*​²⁴ ​F., S., Trolice, M. P., & Álvarez , N. (2019, October 18). Surrogacy in the USA - Is It Legal in All
50 States? Retrieved from https://babygest.com/en/united-states/.
*​²⁵ ​F., S., & Tusseau, M. (2019, October 29). International Surrogacy - Laws & Options for
Surrogacy Abroad. Retrieved fromhttps://babygest.com/en/surrogacy-abroad/#what-are-the-pros-and-cons-of-international-surrogacy.