
Beyond Borders, Beyond Rights: Cross-Border Surrogacy and the Conflict of Nationality Laws
The legality and ethical implications of cross-border surrogacy continues to be an issue of debate across different states and international forums. Surrogacy is a mechanism in which it establishes a contractual agreement between intended parents and a surrogate, where the surrogate carries the child on behalf of the intended parents. Legal complications often arise when the intended parents and surrogate originate from different jurisdictions, especially concerning the child’s nationality and the intended parent(s) legal parental status. This complexity is further intensified by the fact that personal law, which governs family matters based on nationality or domicile, exhibits considerable variation between jurisdictions. While some states recognise and enforce cross-border surrogacy practices, others prohibit or restrict such arrangements altogether, thereby creating a fragmented legal landscape. This article will examine the current jurisdictional challenges in cross-border surrogacy and propose specific legal mechanisms for implementing such a harmonised regulatory approach.





