Instrumental treatment of children and violence against women – Ordo Iuris opinion for the UN on surrogacy

Adobe Stock

• The Ordo Iuris Institute has prepared an opinion for the UN as part of a thematic report on surrogacy and its impact on the rights of women and children.

• The authors of the opinion emphasize that surrogacy is associated with psychological, economic, and physical violence against women undertaking this role.

• Ordo Iuris also shows that in Poland surrogacy agreements are void by law.

• Ordo Iuris experts have also prepared a draft Optional Protocol to the Convention on the Rights of the Child, aimed at introducing a ban on surrogacy.

The Ordo Iuris Institute has prepared an opinion for the UN in response to the call of the Special Rapporteur on violence against women and girls regarding the issue of surrogacy. This document constitutes a contribution to a thematic report that will be presented to the General Assembly at its 80th session in October 2025.

Experts from the Ordo Iuris Institute emphasize that surrogacy, especially in its commercial form, is associated with the risk of violence and exploitation of women undertaking this role. The institute indicates that scientific research confirms the occurrence of various forms of violence against surrogates, including psychological, economic, and physical violence. They also analyze the current legal regulations regarding surrogacy in Poland and present recommendations for actions at the international level.

The Ordo Iuris Institute draws attention to the psychological violence experienced by women opting for surrogacy. It refers to 2014 research, which indicates that surrogates often experience postpartum depression, guilt, and anger after giving birth.  They indicate that women undergoing genetic surrogacy, in which there is a strong emotional bond with the child, are particularly vulnerable to suffering. Ordo Iuris also refers to research from the United Kingdom from 2012, which indicates that 15% of surrogates experience long-term emotional difficulties, such as sadness and grief, a year after childbirth. Studies indicate that lack of family support and limited contact with intended parents increases the risk of emotional trauma.

Experts from Ordo Iuris also point out economic violence, which is particularly visible in developing countries where commercial surrogacy is legal. They refer to data from India from 2013, which showed that surrogates were paid between $4,000 and $7,000, while agencies and clinics earned between $25,000 and $40,000 on each contract. Women often engage in surrogacy for economic reasons and sign contracts in languages they do not understand, which limits their ability to negotiate terms.

The Ordo Iuris Institute also points to physical violence to which surrogates are exposed. Experts emphasize that in India before 2015, as many as 95% of surrogate births were done by cesarean section, which was driven by the convenience of intended parents rather than medical reasons. It is noted that such practices increase the risk of complications, such as infections and bleeding. Attention is drawn to the risks linked to intense hormonal stimulation employed to boost the efficacy of in vitro procedures. The Ordo Iuris Institute notes that in countries with weak legal regulations, surrogates are exposed to serious health consequences.

Experts from Ordo Iuris also analyze the legal situation of surrogacy in Poland and emphasize that this practice is prohibited. The Ordo Iuris Institute indicates that according to art. 619 of the Polish Family and Guardianship Code, the mother of a child is the woman who gave birth to it, which means that surrogacy agreements are invalid. They emphasize that such agreements are contrary to the principles of the legal order and human dignity. Ordo Iuris draws attention to Article 58 of the Polish Civil Code, according to which a legal act contrary to the law or aimed at circumventing it is invalid. Surrogacy agreements violate the principles of social coexistence by reducing the child to a mere object of transaction. The institute indicates that treating a child as a commodity is inconsistent with articles 30 and 18 of the Constitution of the Republic of Poland, which guarantee the protection of human dignity and care for motherhood.

Experts from Ordo Iuris emphasize that states, regional organizations, and international institutions should take decisive actions to counteract violence and human rights violations related to surrogacy. The institute indicates that a crucial step should be the adoption of the Optional Protocol to the Convention on the Rights of the Child, which would unequivocally prohibit surrogacy. Experts emphasize that countries should ratify this protocol and implement national regulations penalizing both commercial and altruistic surrogacy. The Institute indicates that regional organizations, such as the European Union, should harmonize regulations to prevent the exploitation of legal loopholes. They emphasize that the UN should monitor the implementation of the protocol and support states in its realization. Ordo Iuris also emphasizes the need for educational campaigns highlighting the risks associated with surrogacy and for regular reviews of the implementation of regulations at the international level.

In international law, there is a lack of consistent regulation regarding surrogacy, although some legal acts and the case law of international institutions indicate the need to protect the best interests of the child and prevent their objectification. One example is the Convention on the Rights of the Child, which emphasizes that a child cannot be treated as an object of transaction. Julia Książek from the Ordo Iuris Center for International Law notes that “Surrogacy violates this principle.”