The summary of Surrogacy
surrogacy is a method or agreement whereby a woman agrees to carry a pregnancy for another person or persons, who will become the newborn child#39;s parent(s) after birth.
Intended parents may seek a surrogacy arrangement when either pregnancy is medically impossible, pregnancy risks present an unacceptable danger to the mother#39;s health or is a same sex couple#39;s preferred method of having children. Monetary compensation may or may not be involved in these arrangements. If the surrogate receives money for the surrogacy the arrangement is considered commercial surrogacy, if she receives no compensation beyond reimbursement of medical and other reasonable expenses it is referred to as altruistic. The legality and costs of surrogacy vary widely between jurisdictions, sometimes resulting in interstate or international surrogacy arrangements.
There are laws in some countries which restrict and regulate surrogacy and the consequences of surrogacy. Some couples or individuals wanting a child in this manner but who live in a jurisdiction which does not permit surrogacy in the circumstance in which they find themselves may travel to another jurisdiction which permits it. (See surrogacy laws by country and fertility tourism.)
Types of surrogacy
The fertilisation of the surrogate may take place in a number of ways, each of which has implications for the genetic relationship of the resulting child with the surrogate and the future parents. There are two main types of surrogacy: gestational surrogacy and traditional surrogacy. In the United States, gestational surrogacy is more common than traditional surrogacy and is considered less legally complex.
1.Traditional surrogacy
Traditional surrogacy (also known as partial, genetic, or straight surrogacy) involves natural or artificial insemination of a surrogate. If the intended father#39;s sperm is used in the insemination, then the resulting child is genetically related to the intended father and genetically related to the surrogate. If donor sperm is used, the resulting child is not genetically related to either intended parent(s) but is genetically related to the surrogate.
In some cases, an insemination may be performed privately by the parties without the intervention of a doctor or physician. In some jurisdictions, the #39;commissioning parents#39; using donor sperms need to go through an adoption process in order to have legal rights in respect to the resulting child. Many fertility centers which provide for surrogacy assist the parties through the process.
2.Gestational surrogacy
Gestational surrogacy (also known as host or full surrogacy) was first achieved in April 1986.It takes place when an embryo created by in vitroensp;fertilization (IVF) technology is implanted in a surrogate, sometimes called a gestational carrier. Gestational surrogacy may take a number of forms, but in each form the resulting child is genetically unrelated to the surrogate:
- the embryo is created using the intended father#39;s sperm and the intended mother#39;s eggs. The resulting child is genetically related to both intended parents.
- the embryo is created using the intended father#39;s sperm and a donor egg where the donor is not the surrogate. The resulting child is genetically related to the intended father.
- the embryo is created using the intended mother#39;s egg and donor sperm. The resulting child is genetically related to the intended mother.
- a donor embryo is implanted in a surrogate. Such an embryo may be available when others undergoing IVF have embryos left over, which they donate to others. The resulting child is genetically unrelated to the intended parent(s).
The legal issues of surrogacy
Surrogacy is a very controversial practice around the world, raising difficult moral, social and legal issues. As a result, the legal situation varies considerably. Many countries do not have laws which specifically deal with surrogacy. Some countries ban surrogacy outright, while others ban commercial surrogacy, while allowing altruistic surrogacy. Some countries allow commercial surrogacy, with few restrictions. Some jurisdictions extend a ban on surrogacy to international surrogacy. One of the problems is the rules that should apply in regard to the intending parents. For example, should normal rules applicable to adoptions apply or should it be unregulated, as it is in some countries..
As of 2013, places where a woman could legally be paid to carry another#39;s child through IVF and embryo transfer included India, Georgia, Russia, Thailand, Ukraine and a few U.S. states.
Laws dealing with surrogacy must deal with:
- enforceability of surrogacy agreements. In some jurisdictions, they are void or prohibited, and some jurisdictions distinguish between commercial and altruistic surrogacy.
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What, if any, difference does it make whether the surrogacy is traditional
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