SURROGACY AND IVF IN THE CONTEMPORARY FAMILY LAW: THE IMPLICATIONS ON WOMEN’S RIGHTS

Abstract

Surrogacy is the process by which a woman carries and delivers a child on behalf of a couple or an individual. It is generally classified into traditional and gestational surrogacy. In traditional surrogacy, the surrogate provides her own egg, which is fertilized through artificial insemination, and she carries and delivers the child for another person or couple. In contrast, gestational surrogacy involves a surrogate who does not provide her own egg; the egg is supplied either by the intending mother or a donor. The surrogate carries the embryo to term and delivers the child to the intending parents, without any biological relation to the child. Gestational surrogacy is typically achieved through in vitro fertilization (IVF), a laboratory-based process in which eggs and sperm are fertilized externally. The resulting embryos are then transferred into the surrogate’s uterus for implantation, usually three to five days after fertilization. A successful implantation results in pregnancy confirmation. The aim of this study is to examine the role of surrogacy and IVF within contemporary family law and their implications for women’s rights. The paper analyses the national and international legal frameworks regulating surrogacy and assisted reproductive technologies, relevant guidelines, and the impact of legal restrictions, exemplified through the case study of Cambodia’s surrogacy ban. Based on this analysis, this paper concludes with recommendations to enhance legal protections for women and ensure ethical practice in assisted reproduction.