The rapid expansion of international commercial surrogacy arrangements has created serious ethical and legal dilemmas with respect to the nationality and parentage of children conceived under such arrangements and the potential exploitation of surrogate mothers. This paper examines these dilemmas through the prism of international human rights law to assess whether a prohibitionist or permissive approach should be adopted with respect to this practice.

Australian gay men have only recently become parents through surrogacy arrangements. They have had to overcome a discriminatory legal, social, political, cultural and financial environment. A cooperative inquiry action research group was formed, with seven two-father families conceived via surrogacy, to explore their journey to parenthood and their consequent politicisation as gay fathers. This article reveals how that experience of the cooperative inquiry process strengthened their resolve to be intentionally ‘out’ in their communities to overcome discriminatory and conservative social attitudes. They embraced the political reality of their parenting and were stimulated to create improved support structures for themselves and future parents. This transformed the legal, social, political and cultural environment for their families.