Surrogacy Explained: Types, Legalities, and Essential Steps for Parents and Surrogates

Surrogacy offers a path to parenthood for those facing fertility challenges, same-sex couples, and single individuals. In this blog, we’ll explore surrogacy’s core concepts, its types, legal and ethical concerns, medical processes, and answer frequently asked questions.

1) Introduction: What is Surrogacy?

Surrogacy allows a woman, known as a surrogate, to carry and deliver a child for another person or couple, called the intended parents. This option often serves as a last resort for couples or individuals unable to conceive or carry a pregnancy due to medical issues or other circumstances.

2) Types of Surrogacy

a) Traditional Surrogacy

In traditional method, the surrogate’s egg is fertilized with the sperm from the intended father or a donor. This process often involves artificial insemination, making the surrogate biologically related to the child.

b) Gestational Surrogacy

In gestational method, the surrogate has no genetic link to the child. Doctors use in vitro fertilization (IVF) to create an embryo using an egg and sperm from the intended parents or donors. The embryo then transfers to the surrogate’s uterus.

3) The Surrogacy Process

a) Insemination in Traditional Surrogacy

During traditional method, the surrogate receives sperm through artificial insemination around her ovulation period to maximize the chances of fertilization.

b) IVF in Gestational Surrogacy

Gestational Assisted Reproduction involves several steps:

1. Egg Retrieval: The intended mother or egg donor undergoes hormonal treatment to stimulate egg production, followed by egg retrieval.
2. Fertilization: The eggs are fertilized in a lab, using sperm from the intended father or a donor.
3. Embryo Transfer: The fertilized embryo implants into the surrogate’s uterus.

Once pregnant, the surrogate carries the child to term and then transfers parental responsibilities to the intended parents after birth.

4) Who Can Benefit from Surrogacy?

It provides an option for:

• Infertile couples who cannot carry a pregnancy due to health concerns.
• Same-sex couples seeking a biological child through an egg or sperm donor.
• Single individuals interested in having a child.
• Women with medical conditions that prevent safe pregnancy.

5) Legal and Ethical Considerations

Assisted Reproduction laws differ by country and even within regions of a country. Legal aspects of surrogacy address parental rights, surrogate rights, and financial compensation.

Key Legal Issues

• Parental Rights: Intended parents often need to complete legal steps to secure parental rights, especially in traditional assisted parenthood.
• Compensation: Some regions allow compensated surrogate parenting, while others only permit altruistic surrogacy.
• Contracts: A assisted parenthood contract defines the rights and responsibilities of each party, covering areas like compensation, medical care, and parental rights.

Ethical Issues

• Exploitation Concerns: Critics worry about potential exploitation of financially disadvantaged surrogates.
• Emotional Impact: Assisted parenthood can be emotionally complex for all parties involved.
• Child’s Rights: Ensuring the child understands their origins is important for psychological well-being.

6) Medical and Psychological Screening

Surrogates and intended parents must pass medical and psychological screenings to prepare for the assisted reproduction process.

Medical Screening for the Surrogate

• General Health Check: The surrogate undergoes a full health assessment.
• Reproductive Health: A detailed check ensures her ability to safely carry a pregnancy.
• Infectious Diseases: Tests ensure no complications arise from infections during pregnancy.

Psychological Screening

• Emotional Preparedness: Surrogates complete psychological evaluations to assess their readiness.
• Support System: Surrogates and intended parents both need strong support systems.

7) Challenges of Surrogacy

Assisted Reproduction, while invaluable, presents challenges.

a) Legal Challenges

Different laws, especially in international surrogate parenting, may cause legal disputes over parental rights or citizenship.

b) Emotional Challenges

Surrogates may form bonds with the child, while intended parents may feel helpless due to lack of control over the pregnancy.

c) Financial Challenges

It can be expensive, including medical, legal, and agency fees, especially in regions allowing compensated surrogate parenting.

8) Conclusion

Assisted Reproduction offers a powerful pathway to building families, especially for those unable to conceive. Despite the legal, ethical, emotional, and financial complexities, with appropriate support, it can be a rewarding experience for all involved.

9) FAQs

1. What is the difference between traditional and gestational surrogacy? Traditional method uses the surrogate’s egg, making her genetically linked to the child. Gestational method has no genetic link between the surrogate and the child.
2. How much does surrogacy cost? It costs vary, ranging from $50,000 to $150,000 in countries allowing compensated surrogate parenting.
3. Is surrogacy legal in all countries? No, some countries allow regulated surrogacy, while others restrict or prohibit it.
4. What are the legal risks of surrogacy? Legal risks involve parental rights, citizenship in international surrogacy, and enforcing contracts.
5. Can a surrogate keep the baby? Generally, Surrogate Parenting contracts ensure the intended parents’ legal rights to the child, but laws differ by region.
6. Who can be a surrogate? Surrogates are typically healthy women aged 21-40 with a previous successful pregnancy and a clear medical and psychological evaluation.
7. How long does the surrogacy process take? It can take 15-24 months, including preparation, medical, and legal procedures.
8. What happens if the surrogate faces pregnancy complications? The surrogate’s health and the baby’s safety are prioritized. Contracts outline emergency care plans.
9. Can single people use surrogacy to have children? Yes, single men and women can use surrogacy , often with sperm or egg donors as needed.
10. Does insurance cover surrogacy? Insurance rarely covers surrogacy, but intended parents can obtain coverage for surrogate expenses.