"International Women’s Health Coalition and Human Rights Watch welcome the opportunity to provide input to the Special Rapporteur on the sale and sexual exploitation of children on the topic of safeguards for the protection of the rights of children born from surrogacy arrangements. We appreciate the Special Rapporteur’s attention to new issues arising from innovations around assisted reproduction. We share the view that these developments raise important human rights issues. International Women’s Health Coalition and Human Rights Watch have decades of experience examining issues relevant to this topic in countries around the world. IWHC has a long history advocating to advance sexual and reproductive rights at the global and regional levels. The organization currently supports grantee partners’ advocacy on these issues in Argentina, Brazil, Cameroon, Egypt, Fiji, India, Kenya, Lebanon, Nigeria, Pakistan, Peru, Poland, South Africa, Turkey and Uruguay. We are also currently doing documentation work on the impact of the global gag rule in Nepal, Nigeria, Kenya and South Africa, as well as documentation on the impact of refusals to provide care on the ground of conscience in Chile. Human Rights Watch has extensive experience documenting human rights abuses including trafficking of children and women, sexual exploitation of children and women, violations of the sexual and reproductive rights of women and girls, and criminalization of sexual and reproductive actions and decisions. We have conducted research on these topics in Afghanistan, Bangladesh, Brazil, Burkina Faso, Chile, China, Colombia, Dominican Republic, Ecuador, El Salvador, Honduras, Indonesia, Ireland, Mauritania, Mexico, Myanmar, Nepal, Nicaragua, Ireland, Papua New Guinea, Poland, South Africa, Sierra Leone, the United States of America and Zimbabwe. The issue of surrogacy arrangements, particularly compensated surrogacy arrangements, requires careful consideration of several sets of intersecting rights, and the interests of multiple rights holders. This is particularly important given that human rights analysis around surrogacy is relatively nascent and given the key principles of universality and interdependence of human rights. We have reviewed the Special Rapporteur’s previous work on this issue and appreciate the strong focus that work has brought to the rights and interests of children born of surrogacy arrangements. Our goal, in this submission, is to highlight the other rights and rights holders also essential to this discussion. We are concerned by any over-broad view of the applicability of the prohibition on the sale of children to surrogacy that would unnecessarily, disproportionately or in a discriminatory fashion limit the options of surrogacy as a means of founding a family and exercising reproductive rights. The optional protocol prohibits “any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration.” People acting as surrogates may do so for no remuneration (money paid for work or a service) or no consideration (money in exchange for benefits, goods, or services), and in other cases may receive compensation that constitutes fair recompense for lost wages and other opportunity costs, health care and nutrition expenses, and restitution for the significant burdens and risks associated with pregnancy. We submit that such arrangements do not and should not in and of themselves constitute sale of children under the optional protocol. In this submission we outline our recommendations regarding: 1) relevant human rights that should inform discussions around surrogacy; 2) relevant rights holders who should be part of discussions regarding surrogacy; and 3) longstanding human rights principles that should guide and inform legal and policy framework development on this issue..."