480 Melbourne University Law Review [Vol 40:456 However, as Jyothi Kanics observes, ‘[i]nternational surrogacy presents a very specific contemporary challenge [to statelessness] because in such cases it may be difficult for the child’s legal parentage to be established or recognised.’134 Kanics explains that: The child may be able to demonstrate a relation to several adults such as: a genetic link to a biological intending parent, a social link to the other intending parent as well as a link to the gestational surrogate mother. Although the intending parents and surrogate mother will most likely all possess a nationality, it may not be possible for them to pass this on to the child. Furthermore, it may be impossible for the child to acquire either the nationality of the State of his or her birth or the nationality of his or her parents (intending parents or surrogate mother).135 Recent high-profile overseas surrogacy cases involving Australians have illuminated the risks involved for children in such arrangements, including ultimately being rendered stateless.136 Partly in response to these cases, the House of Representatives Standing Committee on Social Policy and Legal Affairs recently undertook an inquiry into the regulatory and legislative aspects of international and domestic surrogacy arrangements. It recommended that, inter alia: the Australian Government establish an interdepartmental taskforce (which should include eminent jurists with relevant expertise) to report in 12 months on ways to address the situation of Australians who choose [to] enter into offshore surrogacy arrangements, with respect to: protecting the rights of the child …137 This relatively new challenge to the prevention of statelessness indicates that ongoing vigilance is necessary. As the UNHCR notes, despite renewed 134 Jyothi Kanics, ‘Preventing and Addressing Statelessness: In the Context of International Surrogacy Arrangements’ (2014) 19 Tilburg Law Review 117, 119 (citations omitted). 135 Ibid (citations omitted). Other scholars have identified surrogacy as potentially having an impact on statelessness: Sanoj Rajan, ‘Transnational Surrogacy and Statelessness’ (Paper presented at the Workshop on Researching Statelessness and Citizenship in Asia and the Pacific, Melbourne Law School, January 2016). 136 See, eg, Samantha Hawley, Suzanne Smith and Michael McKinnon, ‘India Surrogacy Case: Documents Show New South Wales Couple Abandoned Baby Boy Despite Warnings’, ABC News (online), 13 April 2015 <http://www.abc.net.au/news/2015-04-13/australian-coupleabandon-baby-boy-in-india-surrogacy-case/6387206>. 137 House of Representatives Standing Committee on Social Policy and Legal Affairs, above n 133, xiii (recommendation 7).

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