International Cross-Border Surrogacy: An Analysis of the Malaysian Legal Position

Abstract

This article explores the legal implications that arise out of cross border surrogacy arrangements. There is a need to examine the issues that arise out of such surrogacy arrangements because it affects the responsibilities towards the resulting child. The article discusses among others, the problems in determining the legal parents, registration, custody and citizenship of the child. It is submitted that surrogacy arrangements, especially commercial surrogacy undermines the concept of the family and such an arrangement is immoral and opposed to public policy. In discussing these issues, this article first looks at the legality of surrogacy arrangements in Malaysia and around the world. It then analyses the effect of surrogacy arrangements under existing Malaysian laws and examines the possibility of adopting the child in Malaysia. Following that the article then outlines the citizenship issues that arise out of a surrogacy arrangement. A brief discussion on several unsettling issues is then made and the article extrapolates the notion of reproductive responsibility before concluding.