How Impactful Are Surrogacy Laws in Stopping Illegal Surrogacy Practices Around the World?
In recent years, surrogacy has become a hot topic particularly since it offers all those individuals a path to parenthood that cannot seek pregnancy naturally given random reasons. But as it becomes more popular, so do the arguments around it, especially with relation to unethical surrogacy procedures. That said, many nations have instituted laws to counteract these practices, but how successful are these surrogacy laws in reducing illegal surrogacy globally? Let’s find out in the following sections of this post.
Why is surrogacy regulated around the world?
Surrogacy is the arrangement whereby a woman—the surrogate—carries a baby for another person or couple, generally known as the intended parents. That said, two types of surrogacy are:
Traditional Surrogacy: whereby the surrogate uses her own egg.
Gestational surrogacy: where the egg and sperm come from intended parents or donors—that means the surrogate has no genetic relationship to the child.
Although many people have the opportunity to start families thanks to surrogacy, ethical and legal questions about it are complicated. Countries have thus created surrogacy laws, which seek to guarantee the protection of all the involved parties, stop exploitation, and eradicate illegal surrogacy practices by means of which all parties are safeguarded.
The Demand for Surrogacy Laws
Surrogacy laws around the world aims to protecting everyone engaged, especially the surrogates who might be vulnerable to exploitation. In nations with weaker legal systems or high degrees of poverty in particular, surrogates run the risk of being exploited without appropriate laws. If there are no legal systems safeguarding their rights, intended parents may also become victims of dishonest behaviors.
Moreover, in nations without regulation of surrogacy, there is sometimes a black market where unethical agencies or people could provide surrogacy services free from control. That said, higher risk of illegal activities including human trafficking, baby selling, and the mistreatment of women follows from this
Surrogacy laws vary greatly from nation to nation, thus this patchwork of laws generates both possibilities and challenges for the control of illegal activities.
1. Countries that Completely Ban Surrogacy
Surrogacy is clearly forbidden in some countries, including Germany and France. Such restrictions are meant to stop the commodification of human life and exploitation of it. Moreover, banning surrogacy completely, however, does not always mean that demand disappears; rather, it usually drives individuals to look for surrogacy services abroad where laws may be less rigorous or even nonexistent.
“Surrogacy tourism,” in which intended parents travel to nations with more relaxed laws or none at all, often engaging in cross-border arrangements that may violate local laws or leave all parties vulnerable to exploitation, has emerged as a result.
2. Nations that restrict laws
Although they have strong laws allowing surrogacy, nations including the UK, Canada, and Australia strictly control how it is done. For instance, although surrogacy is legal in the UK, it is only altruistic and hence surrogates cannot be paid more than reasonable costs.
These rigorous laws help to guarantee ethical and open conduct in surrogacy. Usually involving court procedures to guarantee the arrangement is in everyone’s best interests, especially the child’s, they need intended parents and surrogates to enter into legally binding agreements.
Although these laws have been mainly successful in stopping illegal surrogacy procedures inside their borders, they have also resulted in an increase in international surrogacy agreements whereby intended parent travels to nations with fewer laws in place to get around their own country’s limitations.
3. Nations lacking surrogacy laws or with minimal regulations
Surrogacy is allowed with little restrictions in nations including Ukraine, Georgia, and some U.S. states. For instance, commercial surrogacy is legal in Ukraine and the rights of intended parents are well-protected—even allowing foreign intended parents to participate in surrogacy agreements.
Although these nations have developed centers for international surrogacy, lack of regulations in some areas can lead to chances for illegal activities to take place, especially in cases when surrogacy agencies run without enough control. There have occasionally been claims of surrogates being taken advantage of or of surrogacy agreements being executed without appropriate knowledge of the procedure or consent.
How Laws against Surrogacy Prevent Unlawful Practices?
The degree of enforcement and control determines mostly how effective surrogacy laws are in preventing illegal activities. The following are some ways in which laws pertaining to surrogacy might change things:
1. Safeguarding the Surrogates
The protection of surrogates is one of the main challenges with surrogacy, especially in nations where women might be vulnerable because of poverty or lack of education. That said, strong surrogacy laws guarantee that surrogates are completely informed about the procedure, paid fairly, and not pressured into decisions, so helping to protect them.
In nations like Canada, where only altruistic surrogacy is allowed, for instance, surrogates must go through thorough screening procedures and get legal advice before signing a contract. This lowers the possibility of exploitation and helps to guarantee the rights of the surrogate.
2. Clear legal parentage
Surrogacy laws also give clarity on the legal parentage of the child. Moreover, strong surrogacy laws help to guarantee the child’s rights by legally recognizing intended parents as the child’s parents from birth, so preventing custody conflicts.
Countries without clear laws about parentage sometimes find cases where intended parents refuse to accept the child or where surrogates refuse to give over the child should the arrangement fall apart. Particularly in cross-border surrogacy situations, this legal uncertainty opens chances for exploitation and abuse.
3. Agency Control policy
Legal surrogacy nations usually have mechanisms in place to control the agencies setting surrogacy agreements. This guarantees equitable treatment for all and helps stop unethical behavior. Agencies could have to operate honestly, satisfy particular legal requirements, and go through audits.
Lack of such control makes it more likely that illegal surrogacy operations would flourish since no control exists to stop false activities or exploitation.
Challenges in Stopping Illegal Surrogacy
Although many nations have strict surrogacy laws, there are still certain challenges completely stopping illegal activities in many of them. Moreover, the global character of surrogacy presents one of the major obstacles. Additionally, many intended parents who are unable to engage in surrogacy in their home nations choose to search for surrogacy services overseas either because of legal restrictions or great expenses.
This results in a legal grey area since laws of many nations may contradict one another and authorities usually have little influence to enforce local laws abroad. For instance, it is difficult for French authorities to step in if a couple from France, where surrogacy is illegal, arranges a surrogacy contract in another nation where it is legal.
Moreover, the emergence of online platforms and international surrogacy networks facilitates the creation of illegal surrogacy agreements, usually devoid of appropriate legal control. This emphasizes the need of international cooperation and harmonization of surrogacy laws in order to guarantee that worldwide illegal practices are stopped.
Final words
Surrogacy laws play a key role in protecting the rights and interests of everyone involved. But the patchwork of surrogacy laws around the world leaves gaps that let illegal surrogacy to continue, especially in terms of cross-border agreements.
This is where more worldwide cooperation and standardizing of surrogacy laws are needed if we are really to fight illegal surrogacy procedures. Until then, even if laws against surrogacy can help to reduce illegal activity within particular nations, they might not be sufficient to completely address the global issues related with surrogacy.