Alarm over an emerging industry of across border surrogacy has been raised at last year's Hague Conference, with several governments expressing concern about baby trafficking and baby-breeding farms.
There are also differing health standards, where in some country there remains a much higher risk of babies becoming infected with HIV and hepatitis. It also remains more common where women rent out their wombs to survive, which raises ethical concerns.
The Hague Convention governs intercountry adoption, and is currently formulating policy on international surrogacy.
Surrogacy in many countries remains altruistic, meaning only reasonable medical expenses can be paid by the parents and the surrogate cannot make any profit.
International surrogacy costs vary but begin at about $30,000 for an Indian surrogate, to about $100,000 in the United States.
Domestic surrogacy arrangements can cost about $10,000 in fees to fertility clinics, and an extra $4000 for legal costs.
In many countries fertility treatments such as sperm donation are anonymous, whereas in countries like New Zealand the baby can be made aware of its genetic origins. Once the child turns 18 they can legally secure information about their sperm donor and his identity.
The woman bearing the child is the legal mother and her partner at the time of birth is a legal parent. Commissioning parents have to adopt the baby formally after birth.
A recent case of a Filipino woman who traveled to Malta for the purpose of giving up her unborn baby for adoption is considered to be a form of human trafficking since the place to give up the baby was pre-arranged.
This case also demonstrates the fine line many couples may walk between legal adoption and the act of engaging in child trafficking across borders. It also demonstrates why, in cases of international surrogate mothers, laws are needed to regulate a practice which looks to only increase over time.