This article focuses on Australian court practices that concern the legalization of parenthood for children born out of overseas surrogacy arrangements. Analysing arguments and decisions from federal and local cases, it demonstrates how a “human rights approach” promoted by judges that act in the “best interest of the child” destabilizes the enforcement of local Australian law regarding commercial surrogacy. Ultimately, the article examines how the law interacts with biotechnological changes and how legal justifications engage with biological and social knowledge that are creating a changing landscape of rights and ethics around surrogacy. Using the concept of “biolegality”, it conceptualizes rights as emerging at the intersection of law and biology in the context of global inequality and migration. It examines the question of which rights-claims are based on genetic truth, and which ones on legal truth. Contrary to conventional understandings that in the pursuit of justice “law lags behind technology,” the article demonstrates how legal knowledge interacts with the life sciences and technologies to build the concept of rights. Moreover, the interaction of information, facts and knowledges includes strong references to “adoption discourse” suggesting a reframing of surrogacy issues through the framework of legal adoption.

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