Legality of Surrogacy in Different Countries
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Legality of Surrogacy in Different Countries

Surrogacy is a complex process; it is not straightforward in any way, especially the legality of surrogacy in different countries. From harvesting and fertilizing a gamete to the selection of donors and surrogates, it all makes for a rigorous proceeding. The legality of surrogacy is another quagmire intended couples must navigate to be successful in their surrogacy journey. Research is very crucial and a step that cannot be overlooked. This research can also smoothen a lot of the complication that is usually encountered. The laws surrounding surrogacy differ from country to country and even sometimes from state to state. Here we will try to discuss surrogacy in some countries like India, China, the United States of America, Mexico, and Russia.

Surrogacy in China

Surrogacy in China
Picture courtesy: Surrogacy Agency Kenya

Surrogacy is strictly prohibited in China. But despite this ban, the service is sort of popular in the country. Infertility is an issue in about 12% of China’s population, which is addressed by various fertility clinics with assisted reproductive technologies, though with certain limitations. An example of such a limitation is the outright banning of artificial insemination in single women. One of the main reasons for the prohibition of surrogacy in China is the difficulty that is sometimes experienced in regulating the transfer of parental authority from the surrogate to the intended parents. Usually, Chinese intended parents seek a solution to their surrogacy issues abroad. The United States of America is a popular destination for these parents but only the ones that can afford it because the price tag is quite high. Most other intended parents focus on options that are offered by Eastern European countries like Georgia and Ukraine.

Surrogacy in India

Surrogacy in India

Picture courtesy: BabyGest

A new surrogacy law was introduced in 2021 to properly regulate surrogacy in India. The court intervention may end the racketeering that was rampant in the Indian surrogacy industry. Under the new law, intended parents will have to approach a government medical board that consists of specialists like pediatricians, obstetricians, etc. The woman and the man should be between the ages of 25-50 years. They also should not have had a child, either adopted, naturally or through surrogacy. They should also come with their full medical and radiological report and in specific cases, reports that clear them of specific genetic anomalies. 

The couple should also have an insurance policy for the surrogate which will cover all her medical needs for about 36 months from the date of the embryo transfer. An essentiality certificate is issued to the couple after all of the submissions have been validated. This certificate is then submitted to a court of a first-class judicial magistrate for a suitable order. This order serves as the proof of birth for the child born through surrogacy and will allow the registration of the child in the concerned municipality. 

For the surrogate, she has to be between the ages of 25-35 years to be eligible for surrogacy. She also has to have a child of her own and be married. She will also have to be mentally certified by a psychiatrist. Once the surrogate and the intended couple have their certificates, they can approach an ART clinic for their embryo transfer. 

In India, surrogacy has to be altruistic, and the commercialization of surrogacy has been completely banned. The law has also banned the export of embryos to foreign countries.

Surrogacy in the USA

Surrogacy in the USA
Picture courtesy: IVF Conceptions

In the USA, surrogacy is legal in some states and not in others. In most of these states where it is legal, there are no strict regulations that are governing the practice. The parentage of the child is usually recognized during the pregnancy of the surrogate. 

In the case of a dispute, the decision of parentage is based on the agreement of the surrogate and the intended parents, as well as the past court decisions that have been made on the issue in the state. This is why research is important before undergoing the surrogacy journey in a particular state in the USA. The USA is also a pioneer country in the realm of surrogacy. Intended parentage was first recognized there. They also do not discriminate on any basis when it comes to surrogacy, especially in the states where it is not restricted.

Surrogacy in Mexico

Mexico is a federal state, which means that there is a separate or individualized civil, criminal, and prosecution code for each state. In Sinaloa and Tabasco, surrogacy is available to only Mexican citizens and is restricted to foreigners. 

Generally in Mexico, before starting a surrogacy program, it is necessary to request judicial authorization and obtain a favorable ruling. The ruling is usually obtained with minimal problems despite factors that may make the intended parents unfavorable in other countries like their sexual orientation or age. The factors that may make the ruling more likely to be favorable include the absence of a criminal record and the possession of a decent economic level that can guarantee a decent life for the child. 

In Mexico, the child will be issued a Mexican passport upon birth as they are born within the Mexican territory. They also guarantee the results and advantages that intended parents may get from much more developed countries like the USA but at a cheaper price.

Surrogacy in Russia

The law regulating surrogacy in Russia is clear and very detailed both in the commercialized and altruistic forms of surrogacy. Russian citizens and foreigners are granted access to surrogacy with no discrimination. They offer legal security as well as medical incentives and guarantees. Clients can even request special and personalized services offered by high-quality clinics. The law regulating surrogacy in Russia is fair with a lot of amicable jurisprudence in most cases. The intended parents need to however prove their infertility before they can access the surrogacy service, though this is not always necessary. The law restricts the service for gay individuals but allows it for heterosexual couples, single men, and women.

The information provided in this blog is for educational purposes only and should not be considered as medical advice. It is not intended to replace professional medical consultation, diagnosis, or treatment. Always consult with a qualified healthcare provider before making any decisions regarding your health. Read more

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