124
Kanics
meet their obligations under the 1954 Convention. Since these procedures,
where they exist, are relatively new and still under development in specific
national contexts, it is currently unclear which role they may play in addressing problems caused by international surrogacy. Such procedures could potentially be used to identify and to document cases as well as to refer affected
families to appropriate actors dealing with naturalization and citizenship.
In this regard, it is interesting to note that the UNHCR Belgium mapping study
recommends the creation of a focal point in the Ministry of Justice to whom
individuals and professionals can refer with questions related to nationality.34
Following the successful model of the Hague Conventions,35 States might
establish a Central Authority to serve as a conduit for arranging surrogacy
agreements.36
It has also been considered as a possible step forward in the European Union
context to introduce an enhanced co-operation procedure whereby each
Member State would identify a central authority that would be responsible for
consulting and co-ordinating between the different existing legal regimes of
Member States on surrogacy related matters such as civil registration.37
3.2.4
Monitoring by Independent Human Rights Institutions and
Ombudsperson for Children
Ombudspersons for Children may also play a role in monitoring individual
cases, commenting on draft legislation and advocating for necessary changes.
For example, the Special Rapporteur on Child Protection has commented on
proposed legislative reforms in this area in Ireland.
4
Partial Remedies to Prevent and Reduce Statelessness in Line with
the Best Interests of the Child
Some States have already initiated partial remedies to the problems created by
international surrogacy such as recognising foreign birth certificates simply to
establish legal paternity or providing emergency travel documents to allow a
34
35
36
37
UNHCR ‘Mapping Statelessness in Belgium’ (October 2012) <http://www.refworld.org/
docid/5100f4b22.html> accessed 15 September 2013. See recommendation 32 on page 36.
HCCH, ‘Private International Law Issues Surrounding the Status of Children, including
Issues arising from International Surrogacy Arrangements’ (n 6).
Sarah Mortazavi, ‘It Takes a Village to Make a Child: Creating Guidelines for International
Surrogacy’ (2012) 100 Georgetown Law Journal 2249.
European Parliament, A Comparative Study on the Regime of Surrogacy in EU Member
States (n 32).
tilburg law review 19 (2014) 117-126
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