surrogacy options in france

Surrogacy in France: why it may not be the right option for you at the moment?

Surrogacy has become the most sought-after option for all childless couples across the globe. Even while being cost-effective, its benefits have attracted millions of couples in cherishing the most awaited happiness of their lives.

Still, there is a big variation in regard to countries that permits or prohibits surrogacy within their legal territories. About surrogacy options in France, a country known for its strict regulations on reproductive technologies, has implemented a complete ban on surrogacy. That said, the following parts of this blog examine the current state of surrogacy in France, delving into the legal framework, ethical considerations, and social implications associated with this controversial topic.

Is surrogacy legal in France?

surrogacy laws in CanadaSurrogacy in France currently stands as illegal as per the rule of law in the country. Talking about the surrogacy laws in France, according to Article 16-7 of the civil code, any surrogacy agreement in relation to surrogacy in the country stands as null and void.

This further means that any surrogacy contract, no matter if it is commercial or altruistic, stands as unenforceable within the legal territories of the country. On the other hand, the legislation related to surrogacy in the country takes surrogacy as a strict violation of public order, emphasizing the importance of protecting the integrity of the family and the child’s best interests. That said, surrogacy-related acts, such as advertising or brokering services, are also criminalized.

Surrogacy Options in France

Why was Surrogacy get banned in France?

The surrogacy process in France got banned due to certain ethical and social reasons in France. That said, the following aspects were further considered by the government before prohibiting surrogacy-related practices in the country.

The exploitation of surrogate mothers: France aims to prevent the potential exploitation of women involved in surrogacy arrangements. That said, concerns are raised about the possibility of vulnerable women being coerced or manipulated into becoming surrogates due to financial desperation or other factors. Besides, the ban seeks to protect women from being commodified, reducing the risk of their bodies and reproductive capacities being treated as commodities.

Child’s Best Interests: French law prioritizes the well-being of the child and emphasizes the importance of stable family structures. This is where surrogacy arrangements involving multiple parties, especially when they are of different nationalities, can create complex legal and emotional situations for the child. Hence, the ban on surrogacy is intended to avoid potential conflicts and challenges that might arise from these intricate family dynamics.

Non-Commercialization of Reproduction: The ban on surrogacy reflects France’s stance against the commercialization of reproduction. Moreover, it aims to prevent the practice of treating childbirth as a market transaction where money is exchanged for the services of a surrogate mother. That said, this approach aligns with the belief that human reproduction should not be driven by financial motives, but rather by the natural and emotional bonds within a family.

Surrogacy in franceEthical concerns: it was believed that surrogacy in France would lead to several ethical issues related to assisted reproduction techniques. As surrogacy involved various procedures, experts feared that there is no clarity on the protection of the rights of surrogate mothers and donors. It was been further stated that various surrogacy agencies are illegally carrying out this practice with the help of international surrogate mothers and donors.

Given all such allegations, the government were forced to bring on certain regulations and guidelines to ban any related practice in the country.

Social Implications Due to the Ban on Surrogacy in France

The prohibition of surrogacy in France has both intended and unintended social consequences. Moreover, few supporters of the ban argue that it preserves traditional notions of family and protects children’s rights by avoiding potential conflicts arising from complex family structures. Additionally, the ban ensures that the focus remains on adoption and other forms of family building that do not involve third-party reproduction.

However, the ban has resulted in French citizens seeking surrogacy services abroad, particularly in countries where it is legally permitted. This phenomenon, often referred to as “reproductive tourism,” raises questions about equitable access to reproductive technologies and the potential exploitation of women in countries with less stringent regulations. On the other hand, it also highlights the need for a comprehensive discussion on surrogacy within the French context to address the complex ethical, legal, and social aspects of the practice.

What could be the possible Reforms and Alternatives?

Advocates for reform argue that the absolute ban on surrogacy in France may need to be revisited to accommodate the changing societal landscape. Besides, proposals have been put forth for the introduction of regulated and ethical surrogacy agency in France, such as the establishment of a system similar to altruistic surrogacy, where the surrogate is not financially compensated beyond reimbursement of expenses. This approach aims to address ethical concerns while allowing individuals the option to pursue surrogacy within a regulated framework.

surrogacy process for intended parents

Additionally, proponents suggest the development of comprehensive legislation that protects the rights and interests of all parties involved. Such legislation could include safeguards against exploitation, strict eligibility criteria for intended parents, and the establishment of legal contracts that clearly outline the rights and responsibilities of all parties. That said, this approach would aim to strike a balance between protecting women, respecting reproductive autonomy, and safeguarding the well-being of the child.

On the other hand, intended parents can look forward to countries like Georgia, Ukraine and Cyprus in order to pursue their parenthood aspirations. Besides offering affordable surrogacy options, these countries further ensure full protection of the intended parent’s rights.

Final words

Surrogacy in France remains a contentious issue, with a complete ban in place due to legal, ethical, and social concerns. While proponents of the ban argue that it protects against the commodification of children and the potential exploitation of women, critics argue for a more nuanced approach that allows for regulated and ethical surrogacy.

That said, as societal attitudes continue to evolve and reproductive technologies advance, it is essential to engage in a comprehensive and open dialogue to address the complexities surrounding surrogacy and its potential place within French society.

altruistic surrogacy in canada

Altruistic Surrogacy in Canada: why it may come as the best option for your parenthood dreams?

Surrogacy, a complex and emotionally charged topic has been a subject of ethical, moral, and legal debates for decades. That said, the emergence of altruistic surrogacy in Canada, where the surrogate mother does not receive any monetary compensation beyond reimbursement for medical and other related expenses, brings about additional considerations. Moreover, to assess whether altruistic surrogacy is right for you, it’s critical to explore various aspects like the ethical implications, emotional toll, legal considerations, and potential social ramifications.

Ethical Implications

Altruistic surrogacy in Canada is often considered a more ethically viable option compared to commercial surrogacy, due to the absence of financial transactions that could potentially exploit the surrogate. In this context, altruistic surrogacy can be seen as a compassionate act of helping individuals or couples who are unable to conceive a child naturally. Still, it is essential to introspectively evaluate your motivations and personal beliefs before deciding whether this path aligns with your ethical perspective.

Emotional Aspects

The emotional toll of surrogacy is a significant factor to consider. As a surrogate, one undergoes physical changes and emotional attachment during pregnancy, only to relinquish the baby after birth. Besides, the emotional complexities might be even more profound in altruistic surrogacy, where the lack of financial compensation may lead to feelings of being undervalued.

For the intended parents, the joy of having a child could be tempered by feelings of guilt, knowing the surrogate has undertaken this journey without financial gain. Also, they might also experience anxiety concerning the surrogate’s emotional attachment to the child. That said, it is imperative to understand these emotional nuances and assess whether you are prepared for these potential challenges.

ALTRUISTIC SURROGACY IN CANADA

Legal Considerations

Surrogacy laws vary greatly from country to country, and in the case of Canada, all types of surrogacy are permissible, given it is an altruistic one. On the other side, in some regions, altruistic surrogacy is the only legal form of surrogacy, while in others; it’s not permitted at all.

Hence, understanding the legal landscape is crucial before embarking on this path. For instance, a legally binding contract that clearly outlines the rights and responsibilities of all parties can protect both the surrogate and the intended parents. That said, legal advice should be sought to ensure all parties fully understand the implications of their commitment.

Social Ramifications

Society’s view on surrogacy and particularly altruistic surrogacy can impact the surrogate, the intended parents, and the child. While society is gradually becoming more accepting of non-traditional family structures, stigma and misunderstanding can still exist. Besides, dealing with judgment or lack of understanding from friends, family, or the community can add an extra layer of stress. Therefore, considering your social support system and societal attitudes is an important part of the decision-making process.

Key Benefits of Altruistic Surrogacy in Canada

Altruistic surrogacy, where a woman carries a child for the intended parents without receiving any financial compensation beyond reimbursement for expenses, has gained attention as a compassionate alternative to commercial surrogacy. While it is a complex and deeply personal decision, altruistic surrogacy offers numerous benefits for all parties involved.

Sense of fulfilment for the Surrogate

One of the significant benefits of altruistic surrogacy is the sense of fulfilment experienced by the surrogate mother in Canada. That said, many women choose to become surrogates because they have a strong desire to help others and play a crucial role in bringing a child into the world. By selflessly offering their time, effort, and emotional support, surrogates can experience a deep sense of purpose and satisfaction knowing that they have positively impacted someone else’s life.

This is where altruistic surrogacy allows women to express their compassion and empathy, creating a powerful and fulfilling experience.

Parenthood for Intended Parents

surrogacy in canadaFor couples or individuals struggling with infertility or medical conditions that prevent them from conceiving, altruistic surrogacy offers a lifeline to parenthood. Besides, it provides them with the opportunity to have a child genetically related to one or both parents and experience the joys of raising a family.

On the other hand, altruistic surrogacy eliminates the concerns associated with commercial surrogacy, such as financial exploitation or potential conflicts arising from agreements related to the surrogacy cost in Canada. Instead, the focus is solely on the shared desire to create a loving family. Also, the act of receiving this precious gift can bring immeasurable joy and fulfilment to the intended parents.

Emotional Bonds and Support

Altruistic surrogacy often fosters strong emotional bonds between the surrogate and intended parents. Unlike commercial surrogacy, where financial transactions related to surrogacy costs in Canada may create a sense of detachment, altruistic surrogacy is rooted in trust, gratitude, and a shared journey.

Also, surrogates often develop deep connections with the intended parents throughout the process, providing emotional support and guidance during pregnancy. That said, these bonds can extend beyond birth, as surrogates and intended parents may choose to maintain contact, creating an extended family network that can enrich everyone’s lives, including the child’s.

Ethical Considerations

Another notable advantage of altruistic surrogacy is its alignment with ethical principles. Removing financial incentives, it ensures that the surrogate’s motivations are driven purely by compassion and a desire to help others. Also, altruistic surrogacy promotes a sense of empowerment for women, allowing them to exercise their autonomy and make a positive impact on society. Besides, it upholds the belief that the creation of a family should not be driven by financial transactions but by the genuine desire to share love, support, and care.

Legal and Regulatory Simplicity

Last but not least, altruistic surrogacy often presents fewer legal and regulatory complexities compared to commercial surrogacy. Moreover, in jurisdictions where commercial surrogacy is banned or heavily regulated, altruistic surrogacy may be the only viable option for intended parents. Besides, the absence of financial compensation simplifies the legal framework, reducing the risk of legal disputes and ensuring that the focus remains on the well-being of the child. That’s how clear and comprehensive agreements can be established, safeguarding the rights and responsibilities of all parties involved.

Final words

Altruistic surrogacy, while being a potentially beautiful act of selflessness, comes with its unique set of challenges. Hence, the decision to embark on this journey should be made after thoughtful consideration of various aspects including personal ethics, emotional resilience, legal implications, and societal attitudes.

Besides, it’s essential to be equipped with a comprehensive understanding and emotional readiness to navigate this complex journey.

Ultimately, the decision of whether an altruistic surrogacy agency in Canada is right for you is deeply personal and subjective, based on individual circumstances, values, and beliefs. That said, seeking advice from healthcare professionals, legal experts, and individuals who have experienced the process can provide invaluable insights into making an informed decision.

Surrogacy laws in Asia: Which country is most favourable for your surrogacy aspirations?

Surrogacy laws in Asia vary from country to country. While a country like India allows surrogacy for only local citizens, china, on the other hand, completely bars the practice within its legal territories. That said, we will take you through the legal aspects of surrogacy in various Asian countries in the following sections of the blog.

Surrogacy laws in Asia

Surrogacy in India

The existing laws regarding surrogacy in India only permit local citizens to practice surrogacy in the country. Besides, it puts a ban on the practice by international couples or individuals. On July 15, 2019, Dr Harsh Vardhan, Minister of Health and Family Welfare, introduced the Surrogacy (Regulation) Bill, 2019 in the Lok Sabha. The Bill defines surrogacy as a practice in which a woman bears a child for another person with the intention of later giving the child to the intended parents.

  • Surrogacy is regulated by the Bill, which forbids commercial surrogacy but permits charitable surrogacy. Apart from covering her pregnancy-related medical costs and insurance, the surrogate mother in an altruistic surrogacy is not paid financially.
  • On the other side, surrogacy is legal if it is used for the following reasons: (i) intended couples with documented infertility; (ii) altruistic reasons; (iii) not for profit; (iv) not to produce children for prostitution, sale, or other forms of exploitation; and (v) for any condition or disease that has been specifically listed by regulations.
  • A “certificate of essentiality” and a “certificate of eligibility” issued by the proper authority are required for an intending couple to be eligible.
  • The following requirements must be met in order for a certificate of essentiality to be granted: (i) a District Medical Board certificate proving the infertility of one or both members of the intended couple; (ii) a Magistrate’s court order granting parentage and custody of the surrogate child; and (iii) insurance coverage for the surrogate for postpartum complications for a period of 16 months.
  • The certificate of eligibility to the intending couple is given upon fulfilment of the following requirements: (i) the couple must be Indian citizens and have been married for at least five years; (ii) the wife must be between the ages of 23 and 50, and the husband must be between the ages of 26 and 55; (iii) they must not have any living children (biological, adopted, or surrogate), with the exception of children who are mentally or physically challenged, or suffer from a life-threatening disorder.

Surrogacy in China

surrogacy laws in AsiaSurrogacy in China is currently prohibited under the ruling issued by the existing government. Moreover, any type of surrogacy-related practice is banned under the law. So, anyone violating the same would be subject to harsh legal punishments.

While surrogacy in China is banned, people are forced to choose other destinations while analyzing the existing surrogacy laws in Asia.

The development of surrogacy technology has given hope to families affected by reproductive disorders. The country’s current surrogacy laws show how vehemently opposed China has always been to surrogacy, but it is still widely practised. Besides, the departmental surrogacy policy has a legal loophole because it’s not clear what will happen if anyone breaks the rules. On the other hand, a developed hierarchy for supervision and implementation is still lacking in China.

Moreover, the administrative special rectification component of the surrogacy monitoring system is all that is in place; there is no deterrent or prevention system. This is where most of the experts examine illegal surrogacy in China, review the nation’s current surrogacy regulatory framework from the perspectives of legislation and supervision, and make some suggestions for amendments in order to address the legal issues raised by surrogacy.

Surrogacy in Thailand

Surrogacy is legal in Thailand, but only for heterosexual couples who are regarded as legally wed in that country. However, undergoing international surrogacy in Thailand requires a minimum of three years of marriage in cases of international marriage.

Moreover, if you are an international citizen and planning to pursue surrogacy in Thailand, you have to legally wed a local citizen before getting along with your surrogacy plans. If that’s not a possibility, you may switch to other destinations where surrogacy is permitted in Asia.

Congress approved the “Protection of Children Born Through Assisted Reproductive Technologies Act” (B.E. 2558) in November 2014, and it was published in the Royal Gazette in May 2015 before going into effect on July 30th, 2015 (Whittaker 2016). According to the new law:

  • Trade in gametes and embryos is forbidden, as is commercial surrogacy.
  • Acts of brokering and encouraging unauthorized reproduction are forbidden.
  • Gametes and embryos cannot be exported or imported.
  • Only heterosexual couples who are regarded as legally wed in Thailand are eligible to use a surrogate; in the case of an international union, a minimum of three years must have passed since the wedding.
  • The intended parents’ legal children will be the child.
  • In theory, relatives should be used to choose surrogate mothers.
  • The Medical Council of Thailand should decide on a fair compensation amount for the surrogate mother.
  • The penalty for violators is either imprisonment or a fine.

surrogacy laws in Asia

Surrogacy in Cambodia

In November 2016, the Cambodian ministry published a Prakas announcing the country’s new ban on embryo transfer surrogacy. Moreover, legal experts claim that the current ban falls short of the actual surrogacy laws. That said, surrogacy has been completely banned in Cambodia. Moreover, the declaration made by the Cambodian Ministry bans additional ART infertility treatments that involve surrogacy.

For instance, IVF procedures may continue, oocytes may be imported or exported from the nation, embryos may be produced, and they may be transferred to the intended mother. However, it is not permitted to transfer embryos to a surrogate mother.

Surrogacy in Laos

In Laos, there is no surrogacy legislation as of now. As a result, surrogacy is still practised in this part of the world with the help and support of various surrogacy agencies. Moreover, due to the ban on commercial surrogacy in Thailand and Cambodia, Laos has emerged as the preferred location for intended parents to schedule surrogacy. On the other hand, gay couples typically choose surrogacy in Thailand or Laos when they are from nearby Asian nations.

That said, in Laos, the cost of surrogacy — including IVF, egg donation, and surrogacy services — ranges from $60,000 to $80,000.

Final words

Surrogacy laws in Asia certainly speak volumes about the strict regulations put through by the respective nation’s governments. So, if you are an intended parent pursuing surrogacy in any of these Asian countries, we would recommend you consult with a trusted surrogacy agency.

surrogacy agency in Russia

Surrogacy cost in Russia: how much do you need to pay for your surrogacy journey?

Surrogacy in Russia is highly popular among couples and individuals who are looking for affordable surrogacy options. While surrogacy in Russia cost is low, the quality of medical services and facilities is undoubtedly on par with the best in the world.

In this blog, we will briefly talk about the cost of surrogacy in Russia and every related aspect. Moreover, we will further look into all the common questions that an intended parent may come up with during their surrogacy journey in the country.

How much does surrogacy in Russia cost?

The overall surrogacy in Russia cost for a gestational surrogacy program would come to around $35000. Moreover, if you are pursuing traditional surrogacy, the same cost would come to $30000. Intended parents must know that if they are taking the services of an egg donor or a sperm donor, they must be willing to pay the cost mentioned above.

On the other side, the cost may vary depending on the type of program or plan you have opted for with assistance from the surrogacy agency in Russia. Also, the cost of surrogacy would be higher if one of the following factors would come into play.

Factors that may increase the cost of surrogacy in Russia

  • The surrogate mother must have three years of medical insurance from the intended parents. Moreover, the cost would also include paying for the surrogate’s basic requirements as well as regular checkups, advanced care, and other expenses. It will cover everything from pregnancy to delivery. The total fees will further include the surrogate mother’s expenses.
  • In IVF-assisted surrogacy in Russia, various cutting-edge techniques and procedures may be necessary. These are what your fertility expert will advise. It will support the surrogate mother’s ability to carry a healthy pregnancy to term. With the development of new pregnancy techniques, the average cost of surrogacy in Russia would rise.
  • The intended parents and the surrogate mother need to enter into a formal contract. Because the rights of the resulting child can be transferred directly to the intended parents, it simplifies the process. Moreover, the paperwork is handled by a surrogacy attorney with extensive experience. Besides, the surrogate mother is involved throughout the entire pregnancy. Additionally, the higher agreement fees have an impact on the surrogacy in Russia cost

 

surrogacy in Russia cost

 

  • Healthy eggs and sperm are required for the IVF process to be successful. That said, the expert can suggest donor support if any of your gametes is having problems. Moreover, high-quality donor sperm and eggs are available for successful pregnancies. These are obtained from the healthy donor and used for insemination during IVF. Besides, the cost of surrogacy is increased by the significantly higher cost of the donor gametes.
  • According to updated surrogacy laws in Russia, couples have to prove their incapability to conceive and furnish the required documentation in the same regard. Without this, a person cannot go along with the surrogacy procedure and even if they do, they have to pay an extra cost to prepare such documentation at a local medical centre
  • Your results may be impacted by the surrogate mother’s health or other circumstances. Also, the process of conception could fail in any issue. That said, your expert will advise repeating the IVF procedure. Moreover, the cost of a surrogate pregnancy includes running the entire IVF cycle, which raises the procedure costs.
  • Your child’s normal vaginal delivery will cost less money. However, the surrogate mother’s health has some problems that the C-type procedure might be required to fix. Besides, surgical techniques are the most expensive. On the other hand, the cost of surrogacy in Russia rises due to the longer recovery period following caesarean delivery.

Frequently asked questions about Surrogacy in Russia

What is IVF-assisted surrogacy in Russia?

IVF is a top-notch solution for many infertility problems. That said, the intended partners’ eggs and sperm are fertilized during the IVF (In Vitro Fertilization) procedure. Besides, the treatment is administered by the specialist using the most recent techniques and methods. Moreover, the couple will first undergo a number of medical examinations.

These help the expert assess a couple’s fertility and pregnancy prospects. Then, due to the impact of hormonal and reproductive medicines, female egg production increases gradually. On the other side, the specialists derive the sperm from the intended father and mix it with the eggs derived from the intended mother in an IVF lab. Once the same turns into an embryo, it is then been implanted in the surrogate mother’s uterus to carry out the pregnancy.

Why is a legal framework necessary?

Third-party reproduction occurs when a surrogate mother’s services are used during surrogacy in Russia and she conceives and bears the child for the intended parents. This is where a highly skilled attorney is required to draft the many rules and regulations that pertain to surrogacy.

surrogacy cost in Russia

Moreover, your surrogacy lawyer will include a variety of rights and requirements in the contract. It bears the signatures of both the intended parents and the surrogate mother, confirming their legal custody of the child. So, we can say that to avoid any issues during the surrogacy procedure, you must work towards drafting a contract.

Do the intended parents need to pay the surrogate mother in Russia?

Well, commercial surrogacy is banned in Russia and only altruistic surrogacy is permitted. Moreover, compensation is the monetary reward provided to the surrogate in exchange for her assistance. However, many people turned to surrogacy as a source of income in the past.

Additionally, the government has created new rules and laws to make it legal. This indicates that the intended parents do not pay the surrogate mother. Besides, it implies that the intended parents will not give the surrogate mother any financial compensation. So, we can say that the surrogate can only receive basic necessities and health insurance for a maximum of three years following childbirth.

Final words

Surrogacy in Russia is surely a good option for couples looking for ethical surrogacy without paying huge amounts. Still, given the current socio-political scenario of the country, we advise you to connect with a trusted surrogacy agency in Russia.

surrogacy in Thailand for foreigners

Surrogacy in Thailand for foreigners: Events that led to the Surrogacy ban for international citizens!

25 Mar 2023 Uncategorized

Surrogacy in Thailand for foreigners used to be the most preferred alternative among medical tourists a few years back. Moreover, due to its expertise in gender affirmation surgery and later cosmetic surgery, Thailand became the centre point for medical tourism as early as the 1970s.

Also, Thailand became a leading Asian country in the global medical tourism industry, alongside India, Malaysia, and Singapore, after the privatization of its healthcare system in the late 1990s. This was made possible by “a Thai way” of excellent service and medical knowledge.

Furthermore, Thailand has a reputation for having cutting-edge knowledge in reproductive technology thanks to the 1987 birth of “Mung Ming,” the nation’s first dek lord kaew (Test tube child) baby, who was conceived via IVF at Chulalongkorn Hospital. As it was connected to thansamai (modernity), nationalistic pride in Thai science and medicine, as well as Buddhist beliefs and the elevating of procreation and the birth of new life, assisted reproduction was quickly accepted by Thai society.

How has Gestational surrogacy thrived in Thailand in the past?

The first gestational surrogacy arrangement utilizing IVF happened at the same prestigious hospital in Bangkok in 1991, just four years after “Mung Ming” was born. Up until that point, surrogacy in Thailand for foreigners had only been an altruistic, familial activity shared by sisters and other close relatives. However, thanks to new technology that allowed for the separation of genetics and gestation, surrogacy may now also be commercialized in Thailand.

 

surrogacy in Thailand for foreigners

As Thailand became a top destination for reproductive tourism in the early 2000s, with an increase in clinics offering ART treatment to both Thais and foreigners, what had initially been a quiet business with little publicity grew. Besides, Thailand’s advanced medical and hospital services, expertise in ART, and reasonably priced prices when compared to the United States and Europe are all contributing factors to the country’s rising popularity as a location for reproductive services. Moreover, the nation’s tourism industry is also well established, making it a “safe” and alluring location for medical travel.

Surrogacy regulations prior to the 2015 ban in Thailand

Surrogacy agreements were not clearly regulated by Thai law prior to 2015, and commercial surrogacy was neither permitted nor prohibited. However, the police’s arrest of the Taiwanese brokering firm “Baby 101” in Bangkok in February 2010 brought to light the need for ART legislation.

In order to deliver babies to foreign clients for payment, they had locked up 15 Vietnamese women who had been trafficked. Eventually, the Thai Cabinet approved the draft ART Bill number 167/2553, which forbade commercial surrogacy, in May 2010, but the National Assembly did not ratify it because of the political unrest of the time.

surrogacy in ThailandOn the other side, due to the legal ambiguity surrounding commercial surrogacy, third-party reproduction could continue to be commercialized. Besides, the number of foreigners travelling to Thailand for IVF and surrogacy services increased significantly between 2010 and 2014, leading to the establishment of a number of new private clinics and surrogacy agencies in Bangkok. Up until 2015, hundreds of surrogate births were reportedly performed annually in Thailand, according to officials. Also, many male gay couples and single men seeking reproductive services turned to Thailand, which was promoted by a number of surrogacy agencies as offering “gay-friendly” services, after new surrogacy regulations in India were implemented in January 2013 and restricted access to married heterosexual couples only.

However, in August 2014, there were two additional significant surrogacy scandals that brought international attention to Thailand’s surrogacy industry and resulted in the termination of transnational surrogacy contracts. The “Baby Gammy” case came first. According to reports, David and Wendy Farnell, who are from Australia, abandoned a baby boy with Down syndrome in Thailand.

How did Baby Gammy’s case prove to be a roadblock for Thailand surrogacy?

In the Thai media, Gammy’s Thai surrogate mother, 21-year-old Pattharamon Chanbua, explained that she needed financial assistance to pay for Gammy’s medical expenses. So, in order to pay off family debts, Chanbua, a mother of two, agreed to act as a surrogate mother. Besides, she had been promised about 350,000 (roughly €8,400 at the time).

Moreover, she was soon found to be expecting twins, and several months into the pregnancy it was learned that one of the children had Down syndrome. Chanbua claims that the intended parents pressured her into having an abortion, but the Farnells and the agency both denied this, and Chanbua refused because of her Buddhist beliefs. Following the birth of the twins, the intended parents returned to Australia with Gammy’s sister, who did not have Down syndrome, leaving Gammy in the care of Chanbua and her family.

Further research revealed that David Farnell had previously been found guilty of 22 instances of sexual assault against girls under the age of 13 in the 1980s and had received a total prison term of four and a half years.

This raised concerns about Gammy’s sister’s safety and sparked a contentious debate about surrogacy not only in Thailand and Australia but also globally. The media condemned the couple and demanded that commercial surrogacy be outlawed. Despite what the surrogate mother and the media claimed, the Farnells did not intentionally abandon Gammy, according to the Australian court’s investigation.

The Baby Factory case further worsened the situation for surrogacy in Thailand for Foreigners!

surrogacy in ThailandA few weeks later, the “baby factory” case—the second prominent surrogacy scandal—made headlines. As news of Baby Gammy’s case spread, Thai police got a tip that led to a raid on an upscale Bangkok apartment.

There, they discovered nine surrogate children (ranging in age from two weeks to two years), seven nannies, and a pregnant surrogate mother.

Moreover, the apartment was associated with Mitsutoki Shigeta, 24, the son of a Japanese billionaire, who was initially under investigation for child trafficking and child exploitation but was never charged with any crime. Besides, four sets of twins were among the 13 children that Shigeta had paid for to be carried by a surrogate in Thailand.

Also, he had previously been given custody of four surrogate children and had fathered 17 children in Thailand through surrogacy. In addition to having two children via surrogacy in India, Shigeta allegedly “wanted a big family”.

It was not illegal at the time to have many children through surrogacy, but it did show how “the industry lacked accountability or any means of monitoring how many surrogates were being used by any one individual.

How did these instances put a halt to all types of surrogacy in Thailand?

These cases took place as Thailand was experiencing political unrest. The NPOC launched a campaign against commercial surrogacy in response to the Baby Gammy and Shigeta cases and the international criticism of Thailand’s unregulated surrogacy market, closing 12 clinics, publicly apprehending doctors involved in surrogacy, and forbidding foreigners from leaving the country with children born through surrogacy in Thailand. After that, the NPOC amended and resurrected the 2010 draft ART Bill, which went into effect in July 2015. That said, the 2015 bill restricts eligibility for surrogacy to non-commercial arrangements, forbids intermediaries or brokers for surrogacy arrangements, and limits surrogacy to only the local Thai citizens subject to fulfilment of certain criteria.

Is Surrogacy Legal in UK or not

Is Surrogacy Legal in the UK or not?

Surrogacy UK Legal Arrangements

Is Surrogacy Legal in UK or not? Everyone wants to know the answer to this question. This detailed study is going to be lengthy, but it will provide everything you need to know about Surrogacy in the UK. UK Surrogacy is legal, but the Surrogacy Arrangements Act of 1985 and other laws have made it very hard to do. It is against the law to advertise for a surrogate or pay someone to be one, unless it is for reasonable costs related to the pregnancy.

After the child is born, the intended parents must apply for a parental order, which changes the legal parentage of the child from the surrogate and her partner (if she has one) to the intended parents. To get a parental order, the parents-to-be must meet certain requirements, such as being married, in a civil partnership, or in a long-term relationship where they live together.

It’s important to note that commercial surrogacy, where a surrogate is paid a fee beyond reasonable expenses, is illegal in the UK. If someone does commercial surrogacy in another country and then brings the child back to the UK, they could be charged with a crime. Surrogacy in UK can be a complicated and emotional process, so anyone who is thinking about it should talk to a lawyer and get help from a qualified professional.

What is Surrogacy?

Surrogacy is a way to have a baby where a woman, known as a “surrogate,” carries a pregnancy and gives birth to a child on behalf of another person or couple, who are usually called the “intended parents.” The surrogate may be the biological mother of the child if her own egg is used and fertilized with sperm from the intended father or a sperm donor, or she may carry an embryo created using an egg and sperm from the intended parents or donors. Surrogacy is definitely a complicated and emotional process that is regulated by law in many countries.

How Surrogacy Gained Popularity?

In recent years, surrogacy has become more common. This is because advances in reproductive technology have made it easier for people who can’t get pregnant or carry it to term to use surrogates. The reasons why people choose surrogacy vary, but often include:

  1. Infertility: Surrogacy can be a solution for people who are unable to conceive a child naturally due to infertility, medical conditions, or other factors.
  2. Same-sex couples: Surrogacy provides an option for same-sex couples who want to have a child that is biologically related to one of them.
  3. Medical conditions: Women who have a medical condition that makes pregnancy dangerous or impossible may choose surrogacy as a way to have a biological child.
  4.  Age: Women who are past childbearing age may use surrogacy to have a child.

Controversies Surrounding Surrogacy

Surrogacy is a complex and emotionally charged issue that is often subject to controversy and debate. Some of the controversies surrounding surrogacy include:

  • Commercialization: Critics of surrogacy argue that it turns a woman’s reproductive capacity into a commodity that can be bought and sold, and that it exploits women who are economically disadvantaged.
  • Exploitation: There are concerns that surrogacy may be exploitative, particularly in cases where the surrogate is from a developing country and may be financially desperate.
  • Legal and regulatory challenges: Surrogacy is subject to a patchwork of laws and regulations that vary from country to country, and there are concerns that some surrogacy arrangements may be conducted in a legal grey area. Due to this reason, it is important for you to understand the Surrogacy Laws in UK of the particular land or consult the Best Surrogacy Consultant in UK.
  • Emotional and psychological risks: Surrogacy can be emotionally and psychologically challenging for all parties involved, and there are concerns that the surrogate may experience negative emotions such as grief or attachment issues (this is quite common sometimes).
  • Complex family dynamics: Surrogacy can create complex family dynamics, particularly when the surrogate is biologically related to the child. There may be questions or conflicts about parental rights, child custody, and inheritance.

Even with all of these problems, many people think that surrogacy is a good way to start a family and that it should be available to those who need it, with the right legal and regulatory protections in place. Please provide your personal opinion on the matter in the comment section. It helps Humanity.

Laws & Regulations UK

Surrogacy in the UK is governed by a number of laws and regulations. The key legislation governing surrogacy UK includes:

  1. The Surrogacy Arrangements Act 1985 – this act makes it illegal to advertise for a surrogate or to pay someone to act as a surrogate, other than for reasonable expenses related to the pregnancy.
  2. The Human Fertilization and Embryology Act 1990 – this act regulates the use of in vitro fertilization (IVF) and other assisted reproductive technologies (ART), including the use of surrogacy.
  3. The Human Fertilization and Embryology Act 2008 – this act updated the 1990 act and introduced new regulations around the use of surrogacy, including the requirement for parental orders to be granted after the birth of the child.

Overall, Surrogacy UK is heavily regulated, with a focus on protecting the welfare of the child and ensuring that surrogacy arrangements are conducted ethically and legally.

Legal Process of Surrogacy in UK

UK Surrogacy Legal Process starts with:

  • Findings a healthy surrogate
  • Creating and Signing a Surrogacy Agreement
  • Medical Procedures
  • Birth of the Child
  • Obtaining a Parental Order

Overall, the legal process of surrogacy in the United Kingdom is meant to protect the child’s welfare and make sure that all surrogacy arrangements are done in a legal and ethical way.

Types of Surrogacy Arrangements

There are two main types of surrogacy arrangements: traditional surrogacy and gestational surrogacy.

  1. Traditional Surrogacy: In this arrangement, the surrogate is inseminated with the intended father’s sperm, either through artificial insemination or natural conception. The surrogate carries the pregnancy to term and gives birth to the child, who is genetically related to both the surrogate and the intended father. This is less common among people until and unless some major health problem is encountered by the intended parents.
  2. Gestational Surrogacy: In this arrangement, the surrogate is not genetically related to the child. The intended mother’s eggs (or donor eggs) are fertilized with the intended father’s sperm (or donor sperm) through in vitro fertilization (IVF). The resulting embryo or embryos are transferred to the surrogate’s uterus, and she carries the pregnancy to term and gives birth to the child. This type of arrangement is more popular due to the genetic connection with the intended parents.

Variations on the above Surrogacy Arrangements

  • Donor egg surrogacy: In some cases, the intended mother may not be able to provide eggs for the IVF process, and donor eggs may be used instead.
  • Donor sperm surrogacy: If the intended father is unable to provide sperm for the IVF process, donor sperm may be used instead.
  • Reciprocal surrogacy: In a reciprocal surrogacy arrangement, one partner provides the eggs for the IVF process, and the other partner carries the pregnancy.

These are the major variations when you talk about Surrogacy Arrangements.

Pros & Cons of Surrogacy

Let us begin with the benefits of surrogacy and then move on to some disadvantages. You have to keep an eye on your case to see if the pros outweigh the cons or if it’s the other way around.

Pros of Surrogacy

  1. Biological connection to the child
  2. Greater control over the pregnancy and prenatal care
  3. Reduced health risks due to medical conditions
  4. Legal protection to protect the interests of the intended parents and surrogate
  5. Emotional fulfilment by completion of their family
  6. Cultural or religious beliefs that prohibit adoption or other forms of assisted reproduction

Cons of Surrogacy

  1. Financial cost as surrogacy can be a costly process
  2. Emotional challenges for all parties involved
  3. Legal complexity as surrogacy laws vary by jurisdiction and can be complex
  4. Health risks for both the surrogate and the child
  5. Social stigma as both the intended parents and surrogates may face criticism 
  6. Lack of control over the surrogacy process and the well-being of the child

Ethical Concerns over Surrogacy

While surrogacy can be a way for individuals or couples to fulfil their dreams of having a child, it is also a complex process that raises several ethical concerns. Some of these concerns include:

  1. Exploitation: One of the primary concerns around surrogacy is the potential for exploitation of women, especially those from economically disadvantaged backgrounds. Critics argue that surrogacy arrangements can create a power dynamic in which the surrogate mother is completely dependent on the intended parents financially, which could lead to exploitation or coercion.
  2. Commodification of Children: Some people argue that surrogacy turns children into commodities, and that the practice is fundamentally exploitative of children. Critics argue that the practice of paying a surrogate to carry a child turns children into objects that can be bought and sold.
  3. Health Risks: Surrogacy can pose health risks to the surrogate mother, including medical complications related to pregnancy and childbirth. Critics argue that these risks are often downplayed or ignored in the pursuit of fulfilling the intended parents’ desires.
  4. Legal Ambiguity: The legal status of surrogacy can vary widely between countries and even within states or provinces. In some cases, this can create legal ambiguity around issues such as parental rights and custody, which can lead to lengthy and expensive legal conflicts.
  5. Ethical Concerns around Egg and Sperm Donation: Surrogacy often involves the use of donated eggs and sperm, which raises additional ethical concerns around the use of reproductive technology and the potential exploitation of egg and sperm donors.

In conclusion, while surrogacy can be a way for individuals or couples to have a child, it is a complex process that raises several ethical concerns. Concerns range from the possibility that children will be used and sold as goods to health risks and unclear laws. It is important to consider these issues carefully before engaging in surrogacy arrangements.

Possible Changes to Surrogacy Laws in UK

The laws surrounding United Kingdom Surrogacy are currently under review, and there is a proposal for significant changes to be made.

At the moment, if a child is born through surrogacy, the surrogate mother is automatically considered the legal mother, even if the child is not genetically related to her. This means that intended parents have to go through a legal process, which can be hard and expensive, to get parental rights.

Under the proposed changes, the intended parents would be considered the legal parents at birth as long as they had signed a surrogacy agreement with the surrogate mother. This would simplify the legal process and give greater certainty to all parties involved.

The proposal also includes ways for surrogates to get paid for their costs, which is against UK law right now. This would bring the UK in line with other countries where surrogacy is legal, such as the United States and Canada.

The proposed changes have been welcomed by many, who argue that the current laws are outdated and in need of reform. But there are also worries that women who may be weak and agree to be surrogates in order to make money could be taken advantage of. The UK Government is asking people what they think about the proposed changes right now, and it’s not clear when they will happen. Hopefully, by the spring of 2023, new reforms will go into effect.

Public Opinion on Surrogacy

Public opinion on surrogacy is complex and varied, and it is no different in the UK. Surrogacy is legal in the UK, but it is heavily regulated, and people have different ideas about how it affects ethics, the law, and society. Some people see surrogacy as a good and empowering option for parents who want to have a child but can’t get pregnant or carry it to term. Surrogacy can be seen as a way to help couples or individuals build their families and to provide a solution for those who might not otherwise have been able to have children.

However, there are also concerns about the potential risks and harms associated with surrogacy. Some people worry about the exploitation of surrogates, particularly in cases where surrogacy is commercialized. There are also concerns about the emotional and psychological impact of surrogacy on all parties involved, including the child.

Recent polls show that people in the UK have mixed feelings about surrogacy in general. A well-known British market research and data analytics firm did a survey in 2019 and found that 36% of Britons were in favour of surrogacy, 24% were against it, and 40% were unsure or didn’t have an opinion. The same survey found that women were slightly more likely than men to support surrogacy, and that younger people were more likely to support it than older people.

Impact of Technology on Surrogacy

Technology has had a big effect on surrogacy, both in terms of the medical procedures involved and the legal and moral questions that come up with surrogacy arrangements. 

The development of in vitro fertilization (IVF) techniques is one of the most important ways in which technology has changed surrogacy. IVF has made it possible for people who may not have been able to conceive naturally to have a biological child. IVF is often used in surrogacy to make embryos from the gametes of the intended parents or of donors. These embryos can then be put into the uterus of the surrogate.

Technology has also changed surrogacy by making it possible to check embryos for genetic diseases or other problems. Preimplantation genetic testing (PGT) allows doctors to screen embryos for specific genetic diseases, giving intended parents the option to select embryos that are free of these conditions.

Technology has also impacted the legal and ethical considerations surrounding surrogacy. For example, the use of technology has made it easier for intended parents to find surrogates through online platforms and surrogacy agencies. But this has also caused people to worry about making surrogacy a business and taking advantage of surrogates.

In addition, the use of technology in surrogacy raises complex legal issues around parental rights and the legal status of the child. Laws about surrogacy vary a lot from country to country and state to state. Also, the use of technology in surrogacy has made it harder to figure out who has legal rights and responsibilities for the child.

Overall, technology has had a big impact on surrogacy, both in terms of the medical procedures involved and the legal and moral questions that surround surrogacy arrangements. While technology has made surrogacy possible for many people, it has also raised complex ethical and legal issues that must be carefully considered and addressed.

The Bottom Line

In the end, we hope that this in-depth study on surrogacy in the United Kingdom has given you some good ideas and information about this topic. Through our exploration of the meaning, process, pros and cons, public opinions, and laws and regulations of surrogacy in the UK, we aimed to provide a comprehensive understanding of this complex issue. With this information, we think readers will have a better idea of what surrogacy is, as well as its pros and cons and the legal and moral issues that go along with it. We hope that this study has been helpful to anyone who wants to learn more about Surrogacy in UK.

We hope that our in-depth research has given readers valuable insights and information that will help them learn more about surrogacy in much more detail in the UK. We want people to share their thoughts and opinions about this topic in the comments, because we think an open and honest conversation is the best way to learn more about surrogacy and what it means. 

Additionally, we understand that readers may still have doubts or questions regarding surrogacy, and we would like to recommend Become Parents, a reputable surrogacy consultant in the UK with over 20 years of experience in providing surrogacy services across the globe. We’re sure that Become Parents will be able to help anyone who wants more information or help on this topic with expert advice and support.

If you’re seeking answers about surrogacy, look no further than Become Parents – they have the experience and expertise to guide you through every step of the process.

 

Gestational Surrogacy

WHAT IS GESTATIONAL SURROGACY: AN IN-DEPTH GUIDE

Introduction

Gestational surrogacy is a process in which a woman carries and gives birth to a child for another person or couple. This type of surrogacy is achieved through in vitro fertilisation (IVF), in which the intended parents’ eggs and sperm are fertilised in a laboratory to create an embryo, which is then transferred to the surrogate’s uterus for pregnancy.

Gestational surrogacy gives people or couples who can’t have children on their own a chance to start a family. But it’s important to know that surrogacy is a complicated and emotional process with many legal, medical, and emotional factors to think about. This guide gives an in-depth look at gestational surrogacy. It talks about the different kinds of surrogacy, who can be a surrogate, the surrogacy process, legal issues, and the emotional side of surrogacy.

Definition of Gestational Surrogacy

Gestational surrogacy is a type of assisted reproductive technology (ART) in which a woman carries and gives birth to a child for another person or couple.

Overview of the process of Gestational Surrogacy

Gestational surrogacy involves a number of steps, such as finding a surrogacy agency or lawyer, matching with a surrogate, making legal agreements, going through medical procedures like fertility treatments and implantation, giving birth, and taking care of the baby after birth. Throughout the process, there are also several legal and emotional considerations that must be taken into account. The blog will provide a comprehensive overview of each of these steps and considerations.

Types of Surrogacy

Traditional Surrogacy

Traditional surrogacy is a type of surrogacy in which the surrogate is also the biological mother of the child. This is done through artificial insemination, which can be done with the father’s sperm or the sperm of a donor.

Gestational Surrogacy

In gestational surrogacy, on the other hand, the surrogate carries an embryo made from the eggs and sperm of the intended parents or a donor. The surrogate is not the biological mother of the child.

Comparison of the two types

The main difference between traditional surrogacy and gestational surrogacy is the biological relationship between the surrogate and the child. In traditional surrogacy, the surrogate is the biological mother, while in gestational surrogacy, she is not. Also, gestational surrogacy usually involves more complicated medical procedures and a higher level of emotional and legal concerns. It is important for intended parents to understand the differences between the two types of surrogacy and to consider which option is right for them.

Eligibility for Gestational Surrogacy

Requirements for intended parents

Intended parents may be eligible for gestational surrogacy if they are unable to conceive a child on their own due to medical reasons or other factors. In some cases, same-sex couples or individuals may also use gestational surrogacy to build their families.

Requirements for surrogates

To be eligible to become a surrogate, a woman must generally be in good health, have a history of successful pregnancies, and meet certain age and lifestyle requirements. She must also undergo a comprehensive medical and psychological evaluation to ensure that she is physically and emotionally fit to carry a child.

Medical and psychological evaluations

Medical evaluations for intended parents and surrogates typically include assessments of their overall health, fertility, and any underlying medical conditions. Psychological evaluations are also important to assess the emotional readiness and stability of all parties involved. These evaluations are critical to ensuring the safety and wellbeing of the surrogate and the resulting child.

The Gestational Surrogacy Process

Finding a surrogacy agency or attorney

The first step in the gestational surrogacy process is to find a surrogacy agency or attorney who can help guide you through the process and ensure that all legal requirements are met. A surrogacy agency can provide a range of services, including matching intended parents with a surrogate, providing medical and psychological support, and handling all legal and financial aspects of the surrogacy arrangement.

Matching with a surrogate

Once you have found a surrogacy agency or attorney, the next step is to match with a surrogate who is a good fit for you and your family. This means taking into account things like the surrogate’s medical history, lifestyle, and personality to make sure the relationship is good and helpful. The surrogate and intended parents may have the opportunity to meet and get to know each other before proceeding with the surrogacy arrangement.

Legal agreements and contracts

Before the medical procedures can begin, it is important to have a clear and legally binding agreement in place between the intended parents and the surrogate. This agreement should clearly define the responsibilities and expectations of all parties involved, including compensation for the surrogate, medical expenses, and any other arrangements.

Medical procedures (fertility treatments, implantation, prenatal care, etc.)

After the legal agreements have been made, the next step in gestational surrogacy is to go through the medical procedures. This may include fertility treatments to make an embryo, putting the embryo in the surrogate’s uterus, and prenatal care to make sure the surrogate and the developing child are healthy and safe.

Birth and post-birth process

The final step in the gestational surrogacy process is the birth of the child and the post-birth process. The surrogate will give birth to the child, and once the intended parents are legally recognized as the parents, they will take care of the child. After the baby is born, the next step may be to settle any remaining financial or legal issues and continue to help and care for the surrogate.

Legal Considerations

Surrogacy laws

The rules about surrogacy vary from country to country and state to state, so it’s important to know what the rules are in your area. In some countries, surrogacy is illegal or limited, but in others, it is legal as long as certain rules are followed.

Legal recognition of parentage

Setting up legal parenthood is one of the most important legal issues in gestational surrogacy. In most cases, this process involves getting a court order that names the intended parents as the legal parents of the child. This may be needed for things like getting the child a birth certificate and citizenship.

Pre-birth orders

In some places, you can get a pre-birth order that makes the intended parents the legal parents of the child before the child is born. This can make it easier to prove who the child’s parents are and help make sure the child has an easy time after birth.

Surrogacy agreements

The surrogacy agreement between the intended parents and the surrogate is another important legal thing to think about. This agreement should make it clear what everyone’s responsibilities and expectations are, including how much the surrogate will be paid, who will pay for her medical care, and any other arrangements. It is important to have a well-written surrogacy agreement to protect everyone’s interests and make sure that everyone knows what their rights and responsibilities are.

Legal representation

During the surrogacy process, it’s important to have a lawyer who knows how to handle the complicated legal issues that come up. An attorney who specialises in surrogacy law can provide valuable advice and guidance, ensuring that your rights and interests are protected every step of the way.

Emotional Aspects of Gestational Surrogacy

The role of the surrogate

During gestational surrogacy, the relationship between the surrogate, the intended parents, and the child is special and close. The surrogate is a very important part of bringing the child of the intended parents into the world, and what she does and decides can have a big effect on everyone.

Building trust and communication

For surrogacy to work, the intended parents and the surrogate need to be able to trust each other and talk to each other openly. This means talking about everyone’s hopes and fears openly and making sure that everyone is on the same page throughout the process.

Support and resources

The emotional aspects of surrogacy can be challenging, and it is important to have support and resources to help you through this journey. This may include support from friends, family, and a professional counsellor, as well as access to online forums and support groups where you can connect with others who have gone through the surrogacy process.

The bond with the child

For intended parents, the gestational surrogacy experience can be both j and emotional. They may feel a strong bond with the child from the moment of conception and may face challenges as they navigate their new roles as parents. It is important to have support and resources to help you through this transition and to develop a positive and healthy relationship with your child.

Understanding and addressing emotional challenges

While the gestational surrogacy experience can be incredibly rewarding, it can also be emotionally challenging. To make sure that everyone has a positive and fulfilling experience, it is important to understand and deal with any emotional problems that may come up, such as feelings of guilt or loss. With the right support and resources, intended parents and surrogates can work through these challenges and create a strong and loving family dynamic.

Conclusion:

Gestational surrogacy is a complex and emotional process that involves many legal, medical, and emotional considerations. But with the right planning and help, intended parents and surrogates can work together to bring a child into the world and build a loving family.

At Become Parents, we are committed to giving our patients complete and kind care throughout their surrogacy journey. Our team of experienced professionals is made up of lawyers, surrogacy experts, and support staff. They all work together to make sure that everyone has a positive experience. If you are thinking about gestational surrogacy, please contact us to learn more about the services and resources we offer.

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