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.