Marketing Regulations on Commercial Surrogacy


Determine marketing regulation on commercial surrogacy sector. The information will be used when marketing for commercial surrogacy agencies.

Early Findings

Marketing Regulations on Commercial Surrogacy

  • In US and Canada jurisdictions, the conversations around surrogacy is focused on commercialization.
  • In Canada, the prohibition on commercial surrogacy is viewed as a reflection of community social norms and a "concern for the commodification of human gametes and embryos."
  • Hence, the regulations in the country is focused on assessing if surrogacy bans are in accordance with the Canadian Charter of Rights and Freedom.
  • On the other hand, a "market approach to surrogacy" is seen to be the norm in the US.
  • In a certain surrogacy case, the Inter-American Court of Human Rights (IACtHR) explained "reproductive decision-making" under the framework of the right to privacy.
  • Reproductive options such as surrogacy are therefore considered as private choices that must be protected.
  • Any restrictions around surrogacy only revolve around those conditions that are established by law as required in a democratic society.
  • This can include restrictions in the interest of national security, public safety, protection of public health or morals, or upholding the rights and freedom of all individuals.

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