A Rights-Based Claim to Surrogacy: Article 23 of the Convention on the Rights of Persons with Disabilities
- Author: Lindsey Coffey
- Published: 01 Jul 2012
- Languages: English
This paper seeks to establish the role and responsibility of the state in ensuring that the right to reproduce is a meaningful right for all. Drawing upon the theoretical constructs developed in disability law, this article articulates a rights-based claim to access surrogacy.
Part I provides a brief history of the reproductive rights of persons with disabilities. Part II introduces the CRPD. The article argues that Article 23 of the CRPD augments the right to reproduce and should be interpreted as creating a positive duty on behalf of the state to enact effective and appropriate legislation that permits and regulates surrogacy. It then demonstrates that this interpretation of Article 23 is consistent with current laws and policies pertaining to persons with disabilities. This section concludes by arguing that, in the least, governments should refrain from prohibiting surrogacy because this violates the CRPD by unreasonably interfering with the right to reproduce. Part III provides an international comparative analysis and concludes that two conditions are necessary in order for the state to ensure effective and appropriate access to surrogacy— enforceable surrogacy contracts and compensation of surrogates.