UN Experts Link Surrogacy to Slavery Definitions

A group of international legal experts and human rights advocates has formally requested that the United Nations recognize commercial surrogacy as a new form of slavery. The petition, submitted to the UN special rapporteur on contemporary forms of slavery and human trafficking, argues that the practice aligns with the definitions established in the 1926 Slavery Convention. According to the submitors, the arrangement entails the exercise of ownership rights over both the woman carrying the child and the child in utero.

The request was made by the Casablanca group of experts and the French nongovernmental organization Juristes Pour l’Enfance. They submitted the document to Katarina Schwarz, the special rapporteur, in connection with the centennial of the 1926 Slavery Convention and an upcoming Human Rights Council session. The group contends that surrogacy reduces the unborn child to an object of disposal and subjects the gestating woman to the control of third parties, including dictates regarding diet, medical care, and potential embryo reduction.

Legal Frameworks for the Claim

The argument rests on the interpretation that surrogacy involves the attributes of the right of ownership, a core component of the 1926 Geneva Convention definition of slavery. The experts point out that several United Nations bodies have previously characterized surrogacy as the sale of children. This includes a 2018 report by the Special Rapporteur on the sale of children and a 2019 statement by the Committee on the Rights of the Child, according to the submission.

In her July 2025 report, the special rapporteur on violence against women and girls called for the eradication of all forms of surrogacy. She recommended the adoption of a binding international instrument to abolish the practice. Additionally, a joint statement by various states in June called for a moratorium with the aim of achieving universal abolition, signaling a growing consensus among some international actors regarding the ethical and legal status of the practice.

Broader Institutional Perspectives

The stance taken by the petitioners is consistent with the position of the Catholic Church, which has consistently condemned the practice. In a 2024 address to the diplomatic corps accredited to the Holy See, Pope Francis described surrogacy as deplorable. He characterized it as a grave violation of the dignity of the woman and the child, noting that it is often based on the exploitation of the mother’s material needs.

The Pontiff urged the international community to prohibit the practice universally, emphasizing that human life must be preserved and defended at every stage of existence. He stated that a child is always a gift and never the basis of a commercial contract. This religious and ethical perspective aligns with the legal arguments presented to the UN, reinforcing the call for a comprehensive international ban.

Diplomatic and Regulatory Implications

The petitioners have called on the special rapporteur to urge states to end the practice within their territories and to commit to its universal abolition. If accepted, this classification would have significant implications for international law and the regulation of reproductive technologies. It would frame surrogacy not merely as a medical or contractual service, but as a fundamental human rights issue requiring immediate legislative action.

As reported by GN geopolitics/rights (en-US), the debate highlights the tension between reproductive autonomy and the protection of human dignity in the context of commercialized pregnancy. The upcoming Human Rights Council session will likely see further discussion on the definition of contemporary slavery and whether commercial surrogacy meets the criteria for such a classification. Observers will watch for the response of the UN special rapporteur and the reactions of member states to the proposed universal abolition.