Surrogacy Process and Its Legalities

Surrogacy process and its laws in different countries

Surrogacy is a legal agreement in which a woman chooses to conceive the child(s) of the intended parent(s) and hand over the baby(s) to them after birth. The surrogate mother is conceived through the IVF process where externally fertilized embryos are transferred to the surrogate mother, and she carries the fetus to term.

Surrogacy Process

Surrogacy is now common in different parts of the world depending upon the requirements of the Intended Parents. Different countries have different operations and laws. Surrogacy in Kenya offers low-cost surrogacy programs and is of the most ethical surrogacy programs in the world. Surrogacy in Ukraine, Dubai, Cambodia, and Ireland are also common and follow legal procedures giving easy options to the intended parents.

There are two different common variations of surrogacy:

  1. Traditional surrogacy

In traditional surrogacy, the surrogate mother uses her eggs to fertilize in cases where the intended mother was unable to produce eggs. This type of surrogacy helps in succeeding for gay surrogacy, where the gay couple requires a surrogate for carrying the baby as well as providing eggs for the process.

  1. Gestational surrogacy

In Gestational surrogacy, the eggs are provided by either the intended mother or a different egg donor from the egg donor database. Egg donor in Kenya or any country can be easily selected from the donor database provided by the Surrogacy agency. These eggs are externally fertilized through IVF at the IVF agency which results in an embryo later these embryos are transferred into the surrogate mother’s womb.

Legalities of Surrogacy

Surrogacy laws vary in different countries. Intended parents are to know the complete surrogate rules and regulations of the country before they decide to proceed further.

Abiding by the rules and laws of different countries, the surrogacy process is easily carried out with all the legal procedures in place. Surrogacy in France, Germany, Italy, Spain, Portugal, and Bulgaria is not legal hence these countries completely ban the process of surrogacy and do not allow this legally.

Whereas Surrogacy in the UK, Denmark, Belgium, and Ireland is legally allowed but the surrogate mother does not receive any monetary benefits from the intended parents or fertility clinics.

The surrogate mother will only receive reasonable expenses to maintain her health during the term and for any pregnancy-related expenditure. Commercializing the surrogacy treatment is prohibited in these countries, providing room only for a noble act from a surrogate mother to the childless couple.

Surrogacy in Georgia, Ukraine, Russia and some states of the United States of America have a legalized commercial surrogacy program making it more accessible to couples that are unable to bear their own child.

Surrogacy in Australia holds different laws as compared to other countries. Some Australian states have officially banned international surrogacy, which means that the citizens have no option of looking for a different country to choose a surrogate mother for the child. However, some states with Australia permit international surrogacy.

Many couples opt for international surrogacy if their resident country or state has illegalized the surrogacy procedure.

Countries that support surrogacy

Surrogacy in Kenya, Georgia, Ukraine, Mexico, USA, and Russia is legally allowed where the intended parents and fertility clinics are allowed to choose a surrogate mother. These countries not only have legalized surrogacy treatments but also make exceptional arrangements for the surrogacy procedures.

The cost of surrogacy treatment differs in different countries and also varies from one IVF clinic to another. There are multiple changeable factors in a surrogacy treatment that will affect the cost of IVF treatment as well as the cost of the surrogacy process.

The cost of IVF treatment or the cost of surrogacy process can vary because of the following factors-

  • The total number of IVF attempts taken by the intended mother/Surrogate mother to conceive successfully.
  • Using an egg donor (where the intended mother is unable to produce eggs).
  • Using a sperm donor (where the intended father suffers from oligospermia or azoospermia.

Legal complications

In many countries, it will be months before the intended parents can bring the new-born to their home country due to the legal formalities. This is because the intended parents are not legally recognized as the lawful parents of the baby at the time of birth.

There is a series of documentation that is followed by all parties involved in the process; which is the intended parents, surrogate mother, and the fertility clinics.

The legal custody of the baby goes to the surrogate mother by law when she births the baby. Post this; the surrogate mother needs to transfer the custody of the baby to the intended parents so that they could be legally recognized as the baby’s parents in their home country.

About The Author:-

Gaurav Wankhede is the founder of becoming Parents Group which was established in 2007. Gaurav is a former Royal Australian Air Force Officer and an Entrepreneur. But ever since he has founded Become Parents his aim has been to deliver happiness to the childless couples and completing their dreams of having a baby. He has effectively assisted couples from more than 25 nations with surrogacy and IVF.

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