tilburg law review 19 (2014) 117-126 brill.com/tilr Preventing and Addressing Statelessness In the Context of International Surrogacy Arrangements Jyothi Kanics Advocacy and Policy Specialist, UNICEF jkanics@hotmail.com Abstract Everyone has the right to acquire a nationality. However, situations of statelessness persist. International commercial surrogacy presents a very specific contemporary challenge because in such cases it may be difficult for the child’s legal parentage to be established or recognised. This may result in serious consequences for the child including statelessness. Recognising this lack of harmonisation and potential child rights violations, a variety of actors are currently mapping State approaches to surrogacy. Furthermore, the Secretariat of the Hague Conference on International Law has also been analysing legislation in order to identify existing gaps and to consider possible reforms. There is a need to continue research in this field and to propose practical and feasible solutions. As with individual cases, any measures adopted and implemented to address the challenges presented by international surrogacy should make the best interests of the child a primary consideration and leave no child stateless. Keywords surrogacy – statelessness – best interests of the child 1 The Right to a Nationality and the Persistence of Statelessness As established in the Universal Declaration of Human Rights1 and the Convention on the Rights of the Child (CRC),2 everyone has the right to acquire * This article does not necessarily represent the views or positioning of UNICEF. 1 Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III) (UDHR) art 15(1). © koninklijke brill nv, leiden, | doi 10.1163/22112596-01902012