As Western nations continue to seek surrogacy services abroad, the risk of children becoming stateless is escalating, with experts warning that a unified global framework for regulating this practice is now more pressing than ever. The Hague Conference on Private International Law (HCCH) has temporarily shelved its 15-year effort to create an international convention governing surrogacy, amid deep-seated disagreements among member states over the ethics and legal recognition of the practice.
The HCCH's decision to pause its initiative comes as a blow to advocates who had hoped for a unified approach to addressing the complex issues surrounding cross-border surrogacy. Professor Michael Hellner, the chair of the HCCH working group, expressed frustration at the lack of international coordination, stating that the absence of agreed standards creates significant problems for children, including an increasing risk of statelessness.
Statelessness can occur when a child is born in a country that does not automatically grant nationality to those born within its borders, and where surrogacy is not legally recognised in either the country of birth or the intended parents' home country. This creates a legal vacuum that leaves children vulnerable and without a clear identity, as highlighted by Maud de Boer-Buquicchio, President of Child Identity Protection.
The UK has seen a significant increase in surrogacy births since 2015, with over 981 cases recorded in 2025. The majority of these children were born overseas, with popular destinations including the US, Ukraine, Nigeria, Georgia, Colombia, and Mexico. While the UK permits 'altruistic' surrogacy, where only expenses are covered, its current legal framework is seen by some UK surrogacy agencies as outdated, pushing prospective parents abroad in search of more permissive regulations.
British parents who use surrogates abroad must apply to UK family courts for a parental order and may also need to seek British citizenship for their child. This adds layers of complexity and uncertainty to the process. The Foreign Office advises British nationals considering international surrogacy arrangements to seek independent legal counsel in both the UK and the country where the surrogacy will take place.