Surrogacy reform and its impact on the child’s right to birth registration

Abstract

The regulation and reform of surrogacy law will inevitably have an impact on the system of birth registration and the content of birth certificates. This Commentary considers deliberations around reform in Ireland, the UK and Australia, where different approaches have been adopted. In Ireland, for example, a surrogacy certificate has been proposed that will not reference the fact that the child was born as a result of surrogacy. Meanwhile, in the UK, it is proposed that the full birth certificate will record that it was a surrogate birth but will not record the identity of the surrogate. In Australia, a review of the role of states and territories regulating surrogacy has emphasized that not enough information is being recorded on birth certificates to safeguard children’s rights. I conclude that it is time to assess the purpose of a birth certificate and consider its role in realizing the child’s rights to birth registration and to identity under international human rights law.