Ethical Framework: Rights of Individuals Born Through Surrogacy

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Last updated: April 10th, 2025

The following is written by and for folks born through surrogacy and for those considering surrogacy to change the narrative from one of protecting the current adults in the situation to one of centering the person created from the surrogacy agreement. This is not an endorsement of surrogacy–it’s a recognition that people are continuing to pursue it every single day and an ask to do better in doing so in a harm reduction way.

I. Right to Full Knowledge and Transparent Records

  1. Right to Inquiry: Individuals born through surrogacy shall have the unrestricted right to ask questions and receive truthful, complete, and age-appropriate answers regarding the circumstances of their birth.
  2. Right to Documentation: Upon request and at an age of understanding, the individual shall be granted full access to all non-redacted legal, medical, and procedural documents related to the surrogacy process, including contracts, communications, and agreements involving the intended parents, surrogate, and any third parties.

II. Right to Medical Histories

  1. Individuals have the right to obtain comprehensive, lifelong access to the genetic and medical histories of all contributing biological and gestational parties, including updates as conditions arise, to safeguard their own health and well-being.

III. Right to Relationships and Connection

  1. Right to Know and Connect: The individual shall have the supported right to know, meet, and build a relationship with the surrogate and/or egg donor, with encouragement and facilitation from the intended parents. This should be done in an age appropriate way.
  2. Right to Half-Sibling Contact: Individuals shall have the right to seek out and build relationships with known half-siblings when mutual consent is present. Both siblings must be of appropriate age and maturity to provide informed consent to connection and communication.
  1. All parties entering into surrogacy or gamete donation arrangements must be fully informed of and consent to these child-centered rights, including the expectation that they remain identifiable and contactable should the child seek connection.
  2. The ethical principle guiding these arrangements shall be that the rights and future needs of the resulting child take precedence over the preferences of the adults involved. This includes if the child does not want future contact but the expectation is to enable options.

V. Right to Ongoing Identity Support

  1. Support Beyond Birth: The surrogate’s potential role in the child’s life is not to be considered concluded at birth. Continued contact, if desired by the child going forward, should be normalized and supported over time by the intended parents.
  2. Recognition of Developing Autonomy: As individuals mature, they must be afforded increasing agency and support in navigating the complexities of their origins and identity. Ethical frameworks must evolve with them.

VI. Right to Voice and Representation

  1. Surrogacy-born individuals shall be included in ongoing research, policy design, and public conversations around reproductive technology. Their lived experiences must shape future ethical and legal standards.
  2. Mechanisms should be established for surrogate-born individuals to safely express grievances, share stories, and seek advocacy.

VII. Right to Known Origins

  1. Surrogacy arrangements must avoid anonymity whenever possible. All parties should be named and identifiable. The practice of anonymity—whether of gamete donors or surrogates—should be recognized as a harm to the child’s right to identity and connection.