Introduction
Surrogacy is a method of assisted reproduction in which a woman, known as the surrogate mother, agrees to carry and deliver a child for another person or couple, known as the intended parents. This arrangement allows individuals who are unable to conceive or carry a pregnancy to term—due to medical, genetic, or personal reasons—to become parents. As medical technologies advance, surrogacy has become increasingly popular, but it also raises complex legal, ethical, and emotional questions.
Types of Surrogacy
Surrogacy arrangements can be broadly classified into two types:
Traditional Surrogacy: The surrogate mother is artificially inseminated with the sperm of the intended father or a donor. In this case, the surrogate is the biological mother of the child.Gestational Surrogacy: The embryo is created via in-vitro fertilization (IVF) using the egg and sperm of the intended parents or donors. The surrogate has no genetic relationship with the child.
Why Surrogacy?
Individuals or couples may choose surrogacy for a variety of reasons:
Infertility Medical conditions preventing safe pregnancySame-sex couples desiring biological children
Single parents unable to carry a pregnancy
Legal Framework Around the World
Surrogacy laws vary significantly across countries and often within regions of the same country.
Here’s an overview of how different jurisdictions approach surrogacy:IndiaIndia has been a major destination for surrogacy, especially for international intended parents, due to relatively lower costs and advanced medical infrastructure. However, due to ethical and legal concerns, the Indian government enacted the Surrogacy (Regulation) Act, 2021, which:Allows only altruistic surrogacy (no financial compensation except medical expenses)Bans commercial surrogacy
Limits surrogacy to Indian heterosexual married couples (with certain conditions)Requires eligibility certificates for both the surrogate and the intending coupleUnited States
Surrogacy laws in the U.S. vary by state:California is known for its surrogacy-friendly laws, recognizing both altruistic and commercial surrogacy.New York legalized compensated gestational surrogacy in 2021 under the Child-Parent Security Act.
Some states, like Michigan, prohibit compensated surrogacy and can impose penalties.United KingdomIn the UK, surrogacy is legal but commercial surrogacy is banned. The surrogate is the legal mother at birth, regardless of genetic ties. Legal parenthood must be transferred to the intended parents via a Parental Order.Other CountriesCanada: Altruistic surrogacy is legal; commercial surrogacy is prohibited.Australia: Laws vary by state; most allow altruistic surrogacy only.Germany, France, Italy: Surrogacy is banned in any form.Ukraine and Georgia: Known for liberal surrogacy laws, including commercial surrogacy for foreign couples.
Ethical and Legal Challenges
Exploitation and ConsentCommercial surrogacy raises concerns about exploitation, especially in developing countries where women may feel financially compelled to become surrogates.Parentage and Citizenship
Disputes over parental rights and child citizenship often arise in international surrogacy cases. In some situations, children born through surrogacy may be rendered stateless.
Enforceability of Surrogacy AgreementsIn many jurisdictions, surrogacy agreements are not legally binding, leaving room for disputes if either party changes their mind.
Conclusion
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Surrogacy represents a beacon of hope for many who wish to build families but are unable to do so naturally. However, it also presents legal and ethical complexities that demand robust regulation. Uniform laws, greater transparency, and protection for all parties—especially the surrogate and the child—are essential for surrogacy to be a safe and respectful practice. As society and medical science evolve, the conversation around surrogacy will continue to grow in importance and nuance.
