Surrogacy Destinations and Laws
In this article you will read about:
- Where is Surrogacy legal?
- What are the Surrogacy Laws?
- How Much Surrogacy Costs?
- What are the Legal Issues of Surrogacy?
Countries for Surrogacy and Laws
Some of the most popular countries with surrogacy arrangements are the US, India, Ukraine, and Russia.
Nepal, Poland, Mexico, and Georgia are also destinations known as possibilities for surrogacy.
The price will be different from country to country, and also depend on the number of In Vitro Fertilization cycles needed, and if you need health insurance.
The Approximate Price for Surrogacy in Different Countries:
- US - $100,000
- India - $47,350
- Ukraine - $49,950
- Georgia - $49,950
- Mexico - $45,000
Where Surrogacy is Legal?
Ukrainian law regulates in detail the process of surrogacy. It is available only for married heterosexual couples with fertility issues, they have to contribute genetic material (at least one member of the couple). Usually, the male partner contributes the genetic material while the female proves that she cannot carry a child due to serious health risks associated by way of a medical certificate. Once the child is born you will need various declarations and documents from the surrogate mother, for parental recognition criteria, the adoption procedure in your home country, or even for maternity or paternity leave.
Russian law regarding surrogacy is clear and detailed, both commercial and altruistic surrogacy. In addition to a secure law regulation, the country offers multiple medical guarantees for surrogates. The quality of the clinics and patient care is considered very high. It is recommended to demonstrate infertility to access the programs, but it is not strictly requested. Besides Russian citizens, foreigners also have access to gestational surrogacy. But the law allows this practice only for heterosexual couples and single women.
Surrogacy is not regulated in all states of Mexico, but only in Tabasco and Sinaloa where it is allowed only to Mexican citizens. In the other states, it is not illegal, it is simply not regulated by law. To start the surrogacy process in Mexico, it is necessary to request judicial authorization and obtain a favorable decision. From the beginning of 2019, favorable sentences are obtained easily not considering the family typology, sexual orientation of the interested parties, etc. To obtain authorization is essential not to have a criminal record and have enough financial funds to give the child a decent living.
In India, only heterosexual married couples whose home country grants the right to surrogacy can benefit from surrogacy. Because of this, it is not an option for many couples.
What are the Legal Complications?
There are no internationally recognized laws for surrogacy, so many parents and children are vulnerable and at-risk to be stateless.
It can take several months to bring a surrogate child to the parents' home country because the country will not automatically recognize them as legal parents.
For example, in Thailand, the surrogate is considered the legal mother, so if the parents leave the baby with the mother, she has the legal responsibility. In India, the intended parents are viewed as legal parents, but under UK law, the surrogate mother is recognized as the legal mother. So, a surrogate child born in India, for UK parents, is born stateless and has to apply for British citizenship.
Depending on the parents' official status in their home country, they might have complications if the couple will split up. The father can have an unfair advantage in the custody trial as he will often have parental rights, as he was the one who contributed with the sperm. The mother can not even be considered as the parent, because in many cases the egg came from a donor.
Commercial surrogacy, which means, surrogacy, where the mother receives money to give birth to a baby or surrender it to another person(s), is illegal in the European Union, under Article 3 of the Charter of Fundamental Rights of the European Union states that "In the fields of medicine and biology, the following must be respected in particular: [..] (c) the prohibition on making the human body and its parts as such a source of financial gain"
The Oviedo Convention, ratified by 29 countries, in Article 21 states similarly the "Prohibition of financial gain" that: "The human body and its parts shall not, as such, give rise to financial gain."
Many experts debate that an international agreement, similar to the Hague Adoption Convention, is needed so there will be consistent regulations on an international level that will ease the process.
But due to countries having different views on surrogacy, this process is rather difficult to implement.