Publication date: 03.06.2024
Legal Issues of Surrogacy
Introduction
Surrogacy is a complex and controversial issue that encompasses legal, ethical and social aspects. It involves an arrangement whereby a woman carries and gives birth to a child for another person or couple, who become the child's parents after the child is born. Surrogacy is regulated in different countries in different ways: from a complete ban to detailed legal regulations. In this article, we will consider the main legal issues related to surrogacy.
Types of Surrogacy
Genetic (Traditional) Surrogacy
In genetic surrogacy, a surrogate mother uses her own eggs, making her the child's genetic mother. This is usually done through artificial insemination or intrauterine insemination.
Gestational Surrogacy
In gestational surrogacy, the surrogate mother is not genetically related to the child. The eggs and sperm of biological parents or donors are used to create an embryo, which is then implanted in the uterus of the surrogate mother.
Legal Regulation
Countries with a Total Ban
- France, Germany, Italy: In these countries, surrogacy is prohibited by law. Any surrogacy agreements are null and void, and violators may be held criminally liable.
Countries with Limited Regulation
- United Kingdom, Canada: Surrogacy is allowed, but commercial arrangements are prohibited. Only altruistic surrogacy is allowed, where the surrogate mother is reimbursed only for pregnancy-related expenses.
Countries with Full Legalization
- USA: Surrogacy regulation varies from state to state. Some states allow commercial surrogacy, while others restrict it or prohibit it entirely.
- Ukraine, Georgia: These countries allow both commercial and altruistic surrogacy, with detailed regulations on the procedures and rights of all participants.
Legal Issues
Recognition of Paternity
- Surrogacy agreements: In countries where surrogacy is permitted, agreements are concluded that define the rights and obligations of the parties.
- Birth registration: It is important to determine who will be listed as the parents on the child's birth certificate. In some countries, it is automatically the surrogate mother and her husband if they are married.
Rights of a Surrogate Mother
- The right to refuse: In some jurisdictions, a surrogate mother has the right to keep the child after birth, even if a surrogacy agreement has been concluded.
- Compensation: In countries where commercial surrogacy is allowed, the law regulates the maximum amounts of compensation and expenses.
The Rights of the Child;
- The right to know one's ancestry: In some countries, children born through surrogacy have the right to know their genetic background, including information about the surrogate mother and donors (if used).
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Ethical and Social Issues
Ethical Debates
- Exploitation and commercialization: One of the main ethical issues is the risk of exploitation of women, especially in economically less developed countries where women may agree to surrogacy due to financial difficulties.
- The rights of surrogate mothers: The question of whether the rights of surrogate mothers are sufficiently protected, including their right to medical and psychological support.
- Child welfare: Ethical considerations regarding the impact of surrogacy on the child's well-being, including psychological and social development.
Social Challenges
- Societal attitudes: In many cultures, surrogacy may face social rejection or stigma, which can affect all aspects of the process.
- Family dynamics: The relationship between the biological parents, the surrogate mother, and the child can be complex and needs to be well regulated and supported.
Prospects and Recommendations
International Cooperation
- Unification of legislation: There is a need for international standards and guidelines on surrogacy that can help unify the approaches of different countries and protect the rights of all parties involved.
- International agreements: Establishing international agreements and conventions can help to better regulate the international aspects of surrogacy, including nationality and child rights.
Raising Awareness
- Education and information: Raising public awareness about surrogacy and its legal, ethical and social aspects can contribute to a more informed acceptance and support.
- Support and counseling: Providing access to medical, psychological and legal counseling for surrogate mothers, biological parents and children.
Conclusion.
Surrogacy is a complex and multifaceted phenomenon that requires careful legal regulation and ethical reflection. It is important to ensure the protection of the rights and interests of all participants in the process: surrogate mothers, biological parents and children. International cooperation, unification of legislation and raising public awareness can help create a fairer and more effective surrogacy regulation system that meets modern challenges and needs.
