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.

Proposed next steps:

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Our initial research shows that there are no specific stringent marketing regulations in the commercial surrogacy sector in the US and Canada. Given this, we propose continuing the research to identify 5-7 general regulations in the US and Canada that cover the commercial surrogacy sector. We will provide an overview of these regulations.
We also recommend proceeding with the research to provide 5-7 international regulations that may have an impact on the surrogacy market in the US and Canada. We will provide an overview of these regulations.