This document discusses issues related to human trafficking in the context of surrogacy and adoption. It notes that human trafficking disproportionately affects women and children and involves exploitation through forced labor or sex work. The document also discusses how adoption and surrogacy regulations do not fully prevent the buying and selling of children. There are risks of exploitation of surrogate mothers through financial and health issues without proper protections or support. Solutions proposed include providing better information to prospective parents about risks, and changing laws to prioritize protecting victims over prosecution in cases of trafficking and prostitution of minors.

1. BY-
NISHI KAROL
FAMILY LAW PRESENTATION
TOPIC:- HUMAN TRAFFICKING:
SURROGACY AND ADOPTION

2. Human Trafficking
 Human trafficking in simple words is “the use of
person for commercial sexual exploitation and
labour through force, coercion or fraud.” 80% of
trafficked persons are women & children.
 It is the third largest and fastest growing illegal
trade in the world. Estimates of people trafficked
annually range from 480,000 to 2.5 million in US.
 Those numbers likely do not include children
trafficked for adoption because most discussions
of human trafficking limit the definition to
trafficking for an exploitive purpose, usually sex or
forced labour.

3. Inter Country Adoption
 Adoption serves the double purpose of giving a
child a home and giving parents a child.
 Intercountry adoption involves parents who are
citizens of one country adopting children who are
citizens of another.

4. Perils in Adoption
 Indeed, the majority of trafficked children
worldwide probably are sold for forced labour or
prostitution.
 Adoption regulations condemn, but do not
actually prevent, buying, selling, or stealing
children for intercountry adoption.
 Immigration laws governing adoption visas for
children require case-by-case investigation, which
is time-consuming, expensive, cumbersome, and
ineffective for systemic reform.

5. Surrogacy
 The word ‘surrogate’ means a substitute.
 A process in which a women (surrogate) is
appointed to bear a child on behalf of the another
women.
 In countries like the United States, India and the
Ukraine, for example, commercial high-tech
surrogacy is permitted and the purchase of eggs
and semen is legal.

6. Perils in Surrogacy
 The question is to what extent the surrogate mothers are
acting voluntarily?
 Social determinants such as poverty, debt, a vulnerable
social position and illiteracy can force a woman to
become a surrogate mother. In other words, with
commercial surrogacy, there is a risk that women are
forced to become surrogates and are exploited in that
role.
 Surrogacy could constitute exploitation. An important
indication of exploitation would be if the financial and
health risks are entirely or largely borne by the surrogate
mother.
 Dangers to women who serve as surrogates have to face
immediate and long-term health issues related to fertility.
 If there are complications or health problems during the
pregnancy or if the pregnancy or delivery leads to the
death of the surrogate mother, neither the clinic nor the

7. Solutions
 A first step in discouraging surrogacy in high-risk
countries, such as India, would be to provide
good information to prospective parents.
 When dealing with prostituted minors, state
legislation on prostitution should change to reflect
the model put forth by the victim-oriented laws
created to combat human trafficking.

8. Conclusion
 As every child has a right to love and loved and to
grow-up in an atmosphere of love and affection
and of moral and materials security and this is
possible only if the child is brought up in a family.