Can Children Born Through Surrogacy Have Secure Parentage Worldwide?
05 March 2026

Can Children Born Through Surrogacy Have Secure Parentage Worldwide?

Australian Family and Fertility Law

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Somewhere right now, a child born through international surrogacy doesn't know who their legal parents are鈥攁nd no international law exists to protect them. Here's why that matters.

For over a decade, Stephen Page of Page Provan Family and Fertility Lawyers has been fighting for international reform. In 2011, he was invited to lead a global effort to create a Hague Convention on international surrogacy鈥攁nd what he discovered shocked him: children born through surrogacy across borders face a legal nightmare of inconsistent recognition, "limping parentage," and stateless uncertainty.

The problem? Europe sees the surrogate as the legal mother. America recognises the intended parents. And the rest of the world is caught in between鈥攚ith no global standard to protect the child's identity and security.

馃攽 In this podcast, you'll uncover:

Why a child's parentage can literally disappear depending on which country they're born in

路聽 聽 聽 聽How the California Supreme Court solved this 30 years ago鈥攂ut the rest of the world hasn't caught up

路聽 聽 聽 聽The dangerous gap between European and American approaches to parentage rights

路聽 聽 聽 聽Why Stephen's proposed international convention stalled (and the cultural clash preventing progress)

路聽 聽 聽 聽How the UN's approach to "eradicate" surrogacy would trample on reproductive rights and LGBTQIA+ freedoms

路聽 聽 聽 聽Why prioritising the child's secure parentage must come before all other reforms

The shocking reality: Children are already born. The law can't erase that. It can only recognise it鈥攐r fail them.

This is about more than legal paperwork. It's about a child's fundamental right to identity, security, and a stable family.

馃搶 For more on surrogacy law and human rights: 馃敆 https://www.pageprovan.com.au

馃憠 Subscribe for weekly insights on international family and fertility law reform
聽馃挰 What reform would you prioritise? Share your thoughts in the comments below.

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