Guides Comparing Surrogacy Practices, Legalities, and Costs in Different Countries

Surrogacy has been the last option through which many couples and individuals were able to start a family of their own. Of course, the practices, legality, and cost of surrogacy differ immensely between different countries where surrogacy is allowed. This guide has been prepared to put a comparison of practices, legal frameworks, and financial considerations involved in surrogacy in different countries to let you make a conscious decision. 

Introduction:

 Overview of Surrogacy

Surrogacy is a process where a woman, the surrogate carries and gives birth to a child for another. It is opted for by persons who, due to some medical conditions, cannot naturally carry pregnancy by themselves or have a child, by same-sex couples, and by single persons intending to have children. 

 Knowing the legalities and costs of Surrogacy

One should be aware of the parameters of surrogacy for intended parents in different countries. That is because different legal frameworks will make for differing rights and obligations of each participant, while the costs will bear greatly on the decision-making process.

 Surrogacy Around the World

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A Look into Surrogacy in the USA 

The United States has been considered a good destination for surrogacy given its advanced medical facilities and well-built legal frameworks. However, surrogacy laws in this country vary from state to state, and some states are more surrogacy-friendly compared to others. Also, the cost of surrogacy in the USA is not very affordable for most intended parents.

• California: Very pro-surrogacy; it allows gestational surrogacy. Pre-birth orders allow intended parents to have their names on the birth certificate.
• New York: It only very recently legalized commercial, gestational surrogacy in 2020, and in doing so, gave the process a legal umbrella of protection for surrogates and intended parents.

Surrogacy Arrangements in India

India used to be an international surrogacy destination of choice due to its relative affordability. Legal changes in recent times have limited surrogacy to altruistic surrogacy for Indian nationals only, which has a significant effect on international surrogacy arrangements for foreigners. 

Legal Framework: The Surrogacy Regulation Bill 2020 has permitted only altruistic surrogacy for Indian nationals. It banned commercial surrogacy and surrogacy commissioned by foreign nationals in the country.

• Medical Facilities: With advanced medical technology and a pool of highly qualified health professionals, India has become a potential destination for domestic altruistic surrogacy. 

Surrogacy Practices in Ukraine 

Of all European countries, Ukraine is one of the countries where commercial surrogacy is not only legal but is also regulated, thereby making it a very popular destination for international surrogacy. 

• Legal Framework: Surrogacy is legal only for heterosexual, married couples. The law states that the IPs are legally recognized as parents of the child from birth. 
•  Medical Facilities: State-of-the-art IVF clinics staffed with highly experienced medical personnel make surrogacy in Ukraine successful. 

Surrogacy Laws and Practices in Other Countries

• Canada: In Canada, only altruistic surrogacy is allowed, meaning the surrogate cannot have any form of monetary compensation except money to cater for medical and pregnancy-related expenses. 
• Russia: Russia banned surrogacy for foreign nationals in December 2022, limiting it as a potential destination for international surrogacy. 
• Australia: Altruistic surrogacy is allowed but varies by state. Commercial surrogacy is forbidden nationwide.

 Legalities of Surrogacy in Different Countries

 Surrogacy Laws in the USA  

The United States is a patchwork of surrogacy laws, with legalities varying in every state. 

• Surrogate-Friendly States: States like California, Connecticut, New Jersey, Oregon, Illinois and Washington have very liberal laws allowing gestational surrogacy with very clear legal protections for intended parents. 
• Restrictive States: Until recent times, Michigan and New York have very repressive or prohibitive legislation on surrogacy, rendering it virtually impossible to pursue.

United Kingdom

Only altruistic surrogacy is allowed in the United Kingdom, and surrogates are allowed to be reimbursed for reasonable expenses on the condition that intended parents can apply for a parental order following the birth of a child.

 Laws of Surrogacy in Europe

The legislation concerning surrogacy in Europe varies. Some allow commercial surrogacy, while others only allow altruistic surrogacy or prohibit it.

• Georgia: Gestational surrogacy is highly regulated, meaning the surrogate has no genetic link to the child, the intended parents must be a heterosexual married couple.
• Greece: Both altruistic and commercial surrogacy are allowed. Any surrogacy requires previous approval in the courts for the intended parents. 
• France and Germany: Surrogacy is illegal in both countries. Neither country recognizes any surrogacy agreement. 

Law of Surrogacy in Asia

• India: According to the above-mentioned, the Surrogacy Regulation Bill 2020 allows surrogacy only to the citizens of India, and also only altruistic surrogacy is permitted.
• Thailand: Commercial surrogacy has been banned since 2015, and only altruistic surrogacy for Thai nationals or foreign nationals with a Thai spouse is permissible. –
• China: Surrogacy is also illegal in this country, and no law exists to regulate surrogacy agreements.

Comparative Cost of Surrogacy

 Cost of Surrogacy in North America

1. U.S.A.: In the United States of America, surrogacy would cost between $90,000 and $150,000 or more. This will include all the agency fees, legal fees, and compensation to the surrogate, along with the medical expenses. 
2. Canada: Altruistic surrogacy in Canada would cost between $50,000 and $80,000. This pays for the medical expenses, lawyer fees, and expenses of the surrogate. 

Surrogacy Costs in Europe 

1. Georgia: The cost in Georgia ranges from $40,000 to $60,000, which covers medical expenses, legal fees and other related costs.
2. Ukraine: While compared to other countries, it is very cheap in Ukraine. The costs range from $30,000 to $50,000. This includes medical, legal, and agency fees. 
3. Greece: Surrogacy costs in Greece are usually between$70,000-$100,000, depending on medical and legal requirements.

Miscellaneous

• Hidden Costs: Legal hassles, further medical treatments, and sudden expenses may escalate the total cost of surrogacy. 
•  Insurance: Some countries have health insurance, which covers surrogacy. The difference in its cost could be huge.

 Ethical Issues in Surrogacy

 Ethical Practice: Ethical practice in surrogacy means the protection of the ultimate rights and welfare of the people concerned with it: the intended parents, the doctors, and the children themselves. The ethical issues involved in surrogacy include:

• Informed Consent: The concerned person should be made fully aware of the medical, legal, and emotional aspects involved in surrogacy.
• Compensation: A payment to the surrogate is required for the amount of time, effort, and medical risks taken by her.
• Legal Protection: All the parties should seek legal aid, and the contract must be crystal clear.

 Controversies and Challenges 

Surrogacy raises many ethical and legal challenges, which include:

• Exploitation Issues: Exploitation of poor women in surrogacy agreements is a big concern, especially in countries that do not have very stringent regulations.
• Parental Rights: Long, drawn-out court cases regarding parental rights could occur, mainly if that country’s laws are not worded strongly enough or are prone to change. 
• Child Welfare: The interest of the child has to be secured in the best possible manner. This would also involve questions about the identification of a child and his relationship with the surrogate.

 Selecting The Right Country To Go For Surrogacy

 While selecting a country for surrogacy, one has to consider the following:

• Legal Framework: Clean and supportive laws related to surrogacy should exist that protect both the intended parents’ and surrogates’ rights. 
• Medical Standards: The quality of medical facilities should be maintained, as should the experience of health professionals. 
• Cost: Total costs incurred inside the country; this should include all sorts of hidden costs and insurance coverage.
• Ethical Practices: Explore the ethical practices followed and implemented to safeguard surrogates and children. 

Choosing the right country for surrogacy requires one very important decision based on weighing many factors, from legal frameworks and standards of medicine to costs and ethical practices. Georgia has recently emerged as one of the top destinations for surrogacy from a list of places worldwide, with its blend of favourable legal conditions, advanced medical infrastructure, and cost-effectiveness. Anavara is a leading medical facilitator who provides each customer with full support during the process of surrogacy, starting from the first consultations to the successful delivery of your baby, taking care of every requirement of yours at the highest level.

   Personal and Financial Matters 

 If you are looking to pursue surrogacy abroad, or even in your own country, some of the steps and factors that may be considered in this regard include:

• Personal Preferences: These should be considered as proximity, language, and cultural matching.
• Financial Position: Your financial standing and budget will determine which surrogacy destination is most feasible. It is very important to research and consider each factor. 

Final Recommendation 

Consult Legal experts: Always consult with legal experts to sail through the convoluted web of legal issues about it. 

The different practices involved, the legalities, and the costs that surrogacy implies in various countries should be known in order to make appropriate decisions. Each country has its benefits and issues; therefore, research on each factor is fundamental. Kindly visit Anavara, or contact us at info@anavara.com