International Cross-Border Surrogacy: An Analysis of the Malaysian Legal Position

  • Majdah Zawawi
  • Siti Aliza binti Alias International Islamic University Malaysia

Abstract

This article explores the legal implications that arise out of cross border surrogacy arrangements. There is a need to examine the issues that arise out of such surrogacy arrangements because it affects the responsibilities towards the resulting child. The article discusses among others, the problems in determining the legal parents, registration, custody and citizenship of the child. It is submitted that surrogacy arrangements, especially commercial surrogacy undermines the concept of the family and such an arrangement is immoral and opposed to public policy. In discussing these issues, this article first looks at the legality of surrogacy arrangements in Malaysia and around the world. It then analyses the effect of surrogacy arrangements under existing Malaysian laws and examines the possibility of adopting the child in Malaysia. Following that the article then outlines the citizenship issues that arise out of a surrogacy arrangement. A brief discussion on several unsettling issues is then made and the article extrapolates the notion of reproductive responsibility before concluding.

Author Biographies

Majdah Zawawi
Islamic Law department
Siti Aliza binti Alias, International Islamic University Malaysia
Lecturer, Legal Practice Department, Ahmad Ibrahim Kulliyyah of Laws
Published
2016-12-08
How to Cite
ZAWAWI, Majdah; ALIAS, Siti Aliza binti. International Cross-Border Surrogacy: An Analysis of the Malaysian Legal Position. IIUM Law Journal, [S.l.], dec. 2016. ISSN 2289-7852. Available at: <http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/289>. Date accessed: 23 nov. 2017.
Section
ARTICLES