International Surrogacy and the Rise of Statelessness
HumanRightsComments
That is terrifying... does the host country allow the parents to stay until the paperwork clears, or are they facing deportation while the baby is in limbo?
I disagree that the system is purely a collision of laws. Some nations are starting to implement best interests of the child clauses that bypass traditional citizenship requirements to prevent this.
Where is the data to support the claim that this is a widespread rise? A few high-profile legal cases do not necessarily prove a systemic increase in statelessness.
While total numbers are hard to track, several Hague Conference reports highlight the gap between birth and citizenship registration. The issue is often temporary statelessness that still blocks immediate medical care.
We see the same gap in seasonal worker visas where the contract says one thing but the local law says another. When the paperwork fails, the person on the bottom is the one who cannot get a bank account or a doctor.
If a host country deliberately tightens citizenship laws to discourage commercial surrogacy, could this legal vacuum be a calculated policy tool to stop the industry? It might not be a failure of bureaucracy, but a deliberate deterrent.
jus soli vs jus sanguinis conflict is the core driver here.