Artificial Intelligence in Surrogacy: Legal Challenges, Liability, and the Protection of Vulnerable Parties

Abstract

Despite the promise of better outcomes and efficiency, artificial intelligence in reproductive technology is changing the legal environment for surrogacy and complicating the family law landscape. Artificial intelligence is increasingly used to match intended parents with surrogate mothers, conduct medical screenings and assist parents in making decisions. While the development is bringing benefits, the uncertainty created is uncontrolled. This paper examines the legal implications of AI-assisted surrogacy, focusing on issues of liability, contractual validity, and the determination of parental rights. The involvement of algorithmic systems challenges traditional legal principles, particularly in situations where harm may result from automated decisions or inaccurate data. The lack of transparency further complicates the allocation of responsibility among the different actors involved. From a human rights perspective, the use of AI in surrogacy raises concerns regarding the protection of the best interests of the child, as well as the autonomy and dignity of surrogate mothers. The paper highlights the risks of exploitation and unequal power relations, which may be intensified through technological mediation, especially in cross-border contexts. The paper argues that current legal frameworks are not adequately equipped to regulate the intersection between artificial intelligence and surrogacy, emphasizing the need for clearer legal standards and stronger regulatory oversight to ensure the protection of vulnerable parties.