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August 6, 2026Netherlands Quarterly of Human RightsOpen Access

Europe's Dilemma with International Surrogacy Arrangements: A New Means to Parenthood or Transnational Crime?

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Authors

MTMeiraf G Tesfaye

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Overview

Legal evaluation reveals that criminalizing international surrogacy may violate family rights while addressing exploitation.

Key Points

  • This article aims to assess the implications of EU Directive 2024/1712 on international surrogacy and human trafficking laws.
  • Analysis of Italian legislation and Dutch Draft regarding international surrogacy.
  • Evaluation of justifications for criminalisation based on compensation.
  • Comparison with international law regarding unfree consent.
  • Criminalisation based on compensation is found to be over-inclusive.
  • Universal bans on surrogacy restrict surrogate autonomy and violate family rights.
  • Legislation could be aligned more closely with the Palermo definition of human trafficking.

Cite This Study

Meiraf G Tesfaye (2026) studied this question.

synapsesocial.com/papers/6a743783764cddc9499d4ee6https://doi.org/10.1177/09240519261475071
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