European Parliament - surrogacy for the purpose of reproductive exploitation as part of the crime of human trafficking
In October 2023, the Committee on Women’s Rights and Civil Liberties (LIBE) adopted the European Parliament’s draft position on the revision of the anti-trafficking rules. The text focuses on prevention, strengthening protection and support for victims, and a more effective fight against the crime of trafficking in human beings.
The adopted text addresses surrogacy for the purpose of reproductive exploitation in the context of trafficking and states that if a woman is recruited to become a surrogate mother or threatened to become one for the purpose of reproductive exploitation, she will be considered a victim of trafficking while traffickers will be prosecuted.
Surrogacy involves the objectification of the woman, commodification of the newborn, human trafficking and violation of the human dignity of the woman exploited as a “surrogate mother” and the child, thus undermining the rights of the woman and the child. Therefore, the Aura Association opposes this practice and welcomes the text criminalising reproductive exploitation.
However, we are saddened that the text does not ban surrogacy in general, but only criminalizes surrogacy in the context of trafficking. Moreover, only surrogacy carried out through the use of force, threat or coercion would fall under the Directive.
As a women’s rights organization, we know that many crimes against women are not committed through the use of force or threat, and that direct, physical violence is not the only means that structures violence against women.