Preventing and Addressing Statelessness 119 travel, have led to an increase in so called ‘surrogacy tourism’.8 Approaches to surrogacy vary greatly:9 in some countries all forms of surrogacy are prohibited by law; in others, only altruistic, non-commercial forms may be permitted (regulated); while some States permit all forms (permissive); and in the remaining cases, national law does not deal with surrogacy at all (unregulated). Intending parents request another to carry a child for them, with the intention that they will take custody of the child following birth and parent the child as their own. Such person(s) may, or may not be, genetically related to the child born as a result of the arrangement.10 Intending parents may take advantage of these discrepancies in States’ approaches to surrogacy in order to commission a child abroad when it is not possible in their home country. International surrogacy presents a very specific contemporary challenge because in such cases11 it may be difficult for the child’s legal parentage to be established or recognised.12 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.13 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). For example, if the country of birth does not apply the jus soli principle, the child may not automatically be recognised as a national. This is especially the case when the intending parents have been listed as the parents on the birth certificate. This may be the case when one or both of the parents is the genetic parent and when there is an understanding that this is a case of ‘surrogacy 8 9 10 11 12 13 Tine Lin, ‘Born Lost: Stateless Children in International Surrogacy Arrangements’ (2013) 21 Cardozo Journal of International and Comparative Law 553 <http://www.cjicl.com/ uploads/2/9/5/9/2959791/21.2_lin_cjicl.pdf> accessed 15 September 2013. Ibid. 552; Oireachtas Library & Research Service, ‘Surrogacy, Parentage and Citizenship: Ireland in the Wider World’ (2013) 3 Spotlight 9. <http://www.oireachtas.ie/parliament/ media/housesoftheoireachtas/libraryresearch/spotlights/spotSurrogac.pdf> accessed 15 September 2013; HCCH, ‘A Preliminary Report on the Issues arising from International Surrogacy Arrangements’ (n 6). HCCH, ‘A Preliminary Report on the Issues arising from International Surrogacy Arrangements’ (n 6). HCCH, ‘Private International Law Issues Surrounding the Status of Children, including Issues arising from International Surrogacy Arrangements’ (n 6) 6-11 (case examples). Ibid. 4. Oireachtas Library & Research Service (n 9). tilburg law review 19 (2014) 117-126