Surrogacy is a fertility treatment. It involves a surrogate woman who agrees to carry a baby for a couple or someone else. After the child’s birth, parents are given custody and guardianship. The process of surrogacy is complex and has legal and medical steps which must be met. So it is very important to be aware of the entire process and seek professional advice before applying for surrogacy.
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Who Needs Surrogacy?
Surrogacy allows heterosexual couples, gay couples, or single men and women to have a child. These couples need a surrogate to have a child because they can’t be pregnant because of medical conditions such as cancer, a blood disorder, kidney disease, autoimmune disease, etc. The female may have a problem with their uterus or a nonfunctioning uterus or had a hysterectomy.
Single Males or Male or Gay Couples need surrogacy because they want a child of their genetics by using their sperm and donated eggs.
Who is Involved in Surrogacy?
Surrogacy involves a woman who agrees to carry and give birth to a baby for another couple. The couple receiving the baby after the delivery is known as the intended parent or a commissioning parent.
Many other people may be involved in the process, such as the Partner, Family of Surrogate, Another Child of Intended Parent, Egg or Sperm Donors, and maybe their families too.
Types of Surrogacy
There are two types of Surrogacy:-
In traditional surrogacy, the surrogate provides her egg and gets artificially inseminated with the father’s or parent’s sperm through the process called IVF or artificial insemination. The surrogate is the baby’s biological mother because the parent’s sperm fertilized her egg. Donor sperm may also be used. However, this traditional surrogacy is not allowed in some countries like Australia.
In gestational surrogacy, eggs are taken from the mother or can use as a donor egg fertilizes them with the sperm of the father or a sperm donor outside the body using a technique called IVF. and once the embryo is formed placed in the uterus of a gestational surrogate. This surrogate has no genetic relationship with the child as it was not her egg. She only carries the baby till birth.
A gestational surrogate is called the “birth mother,” and the biological mother is still the woman whose eggs are used. It is the most commonly used surrogacy and is used in many countries. Through gestational surrogacy, about 750 babies are born every year.
Types of Surrogacy Arrangements
The types of surrogacy arrangements are as follows:-
In this surrogate does not receive any payment. However, the cost related to the pregnancy is paid by the intended parents. This is legal, but every country has its specific regulations.
This surrogate is paid the paid payment or any other material benefit for being a surrogate. The surrogate is also paid the cost relating to the pregnancy by the intended parent. It is legal in some countries, and in others, it is banned.
Strict regulations and eligibility are required, which must be met before entering into a surrogacy agreement. It is important to make a formal agreement between the surrogate and the intended parents. Legal processes also need to be completed after the child’s birth.
Every country has its laws to regulate surrogacy. Some countries do not allow certain people to make surrogacy agreements. Surrogacy agreements may include
Some countries allow only gestational surrogacy some allow traditional surrogacy. While in some countries, an advertisement for finding a surrogate is permitted, and in others, it is not.
In a country like Australia, surrogacy agreements can’t be forced, which means that if the surrogate does not want to give up the baby or the intended parents don’t want to take it, they can’t be forced.
International Surrogacy Agreement
There are different laws and processes involved in an international surrogacy agreement. So it is very important to seek professional legal advice before entering an international surrogacy agreement.
In an international surrogacy agreement, when a baby is born, a court order is required to transfer the baby’s parentage. The process is different in each country for obtaining a baby’s parentage order.