Surrogacy is a complex and emotional process that involves a woman (the surrogate mother) agreeing to conceive and give birth to a child, who is then given to the intended parents. This process is practiced globally, especially in countries where surrogacy laws and technology are more developed, such as the United States. This article will detail the various aspects of surrogacy thatIncludes what surrogacy is, whether surrogacy is legal, how to choose a surrogate mother, stages of the surrogacy process, and legal and medical proceduresThe

What is surrogacy?

Surrogacy is a fertility arrangement in which a woman (surrogate mother) agrees to conceive and give birth to a child, and to deliver the child to the intended parents after birth. Surrogacy is categorized asTraditional Surrogacy and Gestational SurrogacyTwo types. In traditional surrogacy, the surrogate mother uses her own eggs to conceive, so she is the biological mother of the child. In gestational surrogacy, on the other hand, the surrogate mother only provides the uterus, and the child's eggs and sperm come from the intended parents or a donor.

Is surrogacy legal?

The legal status of surrogacy varies significantly across the globe. Some countries do not have specific laws on surrogacy, which leads to greater uncertainty about the legality of surrogacy and the process by which it is practiced.

In some countries, such as China, Germany, France, Sweden, Singapore and Japan, surrogacy is considered a violation of women's dignity and is therefore completely banned. The laws of these countries explicitly prohibit any form of surrogacy techniques and impose strict penalties on the medical institutions and personnel involved.

Some countries, such as California and Illinois in the United States, Kyrgyzstan, Ukraine, Georgia, allow commercial surrogacy. The laws in these countries provide some protection for the surrogate and the commissioning party, and usually result in a relatively sophisticated surrogacy chain.

There are also countries that have restrictive policies on surrogacy. For example, the United Kingdom permits altruistic surrogacy but prohibits commercial surrogacy and strictly regulates surrogacy advertising. These countries usually require surrogate mothers to be motivated by selflessness rather than financial gain.

The legal aspects of surrogacy have evolved in recent years, especially with the rise of the "surrogacy economy," "fertility tourism," and "birth exodus," and the need to regulate surrogacy has become more urgent internationally. According to a 2019 study, tens of thousands of women choose to seek surrogacy services outside of the country each year, with popular destinations including Ukraine and Russia, while clients in Europe and the United States are more likely to visitLegal Surrogacy States in the United StatesThe

Countries where surrogacy is legal

1. Countries that allow surrogacy

The following are the countries and regions that allow surrogacy:

• Selected U.S. States: California, Illinois, Texas, etc.
• Mexico: some states allow commercial surrogacy
• Kyrgyzstan: a very friendly and cost-effective country for both domestic and foreign clients
• Ukraine: favored for its low cost and high success rate, no longer the best option due to the effects of the war
• Georgia: open and friendly legal environment for international clients
• Israel: altruistic surrogacy permitted, strictly regulated
• Canada: Altruistic Surrogacy Legal

These countries have established a relatively mature surrogacy industry chain, providing diverse options for families in need.

Related reading:2024 Countries where surrogacy is legal, which countries allow surrogacy?

2. Countries that have completely banned surrogacy

Surrogacy is completely prohibited in the following countries and regions:

• China: The law explicitly prohibits medical institutions from practicing any form of surrogacy techniques.
• Germany: Total ban on surrogacy, including commercial and altruistic surrogacy.
• France: Surrogacy is prohibited by law and is considered a violation of women's dignity.
• Sweden, Italy: Surrogacy is also prohibited.
• Japan: The law is conservative on surrogacy and prohibits it completely.

3. Countries with restricted surrogacy

Some countries have adopted restrictive policies that allow surrogacy under specific conditions, for example:

• UK: Altruistic surrogacy is allowed, commercial surrogacy and surrogacy advertising is restricted.
• Belgium, Denmark, Greece, Netherlands: Strict legal framework for the practice of surrogacy.
• Such provisions ensure the transparency and legality of the surrogacy process while protecting the rights of the surrogate mother and the commissioning party.

Is it actually illegal for a Chinese person to be a surrogate abroad?

At present, the main source of clear provisions on surrogacy in Chinese law is the Measures for the Administration of Assisted Human Reproductive Technology, issued by the Ministry of Health in 2001. The key provisions of the Measures are set out below:

Prohibition of surrogacy techniques

The regulations explicitly prohibit medical institutions and medical personnel from practicing any form of surrogacy techniques, including the sale and purchase of gametes, congenitals and embryos.

Consequences of the violation

If a medical institution performs surrogacy techniques in violation of the regulations, may face warnings and fines of up to 30,000 yuan, and those responsible will be subject to administrative sanctions and, in serious cases, criminal liability.

Nonetheless, Chinese law does not set out direct prohibitions against pregnant mothers and surrogate commissioners. This means that the actions of the mother and the commissioner are not legally recognized as illegal.

Legality analysis

If the surrogacy takes place in a country where surrogacy is allowed and local legal procedures are followed, such surrogacy is usually not considered illegal under Chinese law. In other words.Surrogacy services performed abroad by the mother and the commissioning party are not subject to the direct jurisdiction of Chinese law.The

How to Surrogate for Surrogate Mother Selection

Choosing a Surrogate Motheris a crucial step in the surrogacy process. The ideal surrogate mother should meet the following criteria:

1. At least 21 years of age
2. At least one healthy pregnancy and childbirth
3. Through mental health screenings
4. Good health, no infectious diseases
5. Ability to understand and agree to the legal and ethical requirements of surrogacy

The Surrogacy Process Explained

Deciding on surrogacy

Who needs a surrogate?

Surrogacy applies in the following cases:

1. Abnormal or absent uterus
2. Serious health problems such as heart disease that prevent safe pregnancy
3. Multiple in vitro fertilization (IVF) failures
4. Gay couples or single parents hoping to get a child through surrogacy

Surrogacy is a big decision for individuals and couples who are unable to conceive or have children for medical reasons or other factors. It can help them realize their dream of becoming parents and bring great change and happiness in their lives.

1. Preparing for surrogacy

Traditional surrogacy

In traditional surrogacy, the surrogate mother's egg is fertilized by artificial insemination with sperm from the intended father or donor. This method is usually much rarer because the legal and ethical issues are more complex.

In traditional surrogacy, theSurrogate mothers not only take on the responsibility of pregnancy but also provide eggs, so she is biologically linked to the child. This type of surrogacy is relatively rare and is usually only used in specific circumstances.

Gestational surrogacy

Gestational surrogacy is by far the most common form of surrogacy. An egg from the intended mother or donor is fertilized with sperm from the intended father or donor in a laboratory to form an embryo, which is then transferred into the uterus of the surrogate mother.

In gestational surrogacy, the surrogate mother provides only the uterus, theEmbryos are formed from sperm and eggs provided by the intended parents or donors. This approach is widely used because it maximizes the protection of the biological connection of the intended parents.

2. Finding surrogacy agencies and lawyers to help

The surrogacy process involves many legal and medical issues, so choosing the rightsurrogacy agencyand attorneys are crucial. Surrogacy agencies can provide matching services, counseling and medical coordination, while attorneys can ensure that contractual and legal requirements are met.

Professional surrogacy agencies and attorneys can provide support throughout the process, from the screening of surrogate mothers to the signing of legal contracts, to ensure that the rights and interests of all parties involved are protected and that the surrogacy process runs smoothly.

3. Finding matches

Surrogate mother looking for intended parents

Surrogate mothers can use surrogacy agencies to find intended parents who are a good match for them. Agencies usually help them screen and match to ensure that both parties are on the same page in terms of goals and expectations.

Surrogate mothers need to find intended parents who match their values and expectations so that they can ensure a smooth and harmonious surrogacy process. Surrogacy agencies can help them with the screening and matching process.

Selection of surrogate mothers by prospective parents

Expectant parents can also look for surrogate mothers through surrogacy agencies. The agency will recommend suitable surrogate mothers based on the preferences and requirements of the prospective parents, and both parties can meet or communicate to confirm the match.

When choosing a surrogate mother, prospective parents need to consider the surrogate mother's health, surrogacy experience and personal background. The right surrogate mother can provide a stable and healthy environment for conception.

4. Meet local legal requirements

Once the surrogate mother and intended parents decide to work together, a legal contract will need to be drawn up between the two parties to bind them. Both parties will have their own attorneys to ensure that their respective legal interests are represented and protected.

After a match is finalized, both parties need to sign a detailed legal contract that specifies their rights and obligations. This includes compensation for the surrogate mother, medical expenses, pregnancy care requirements, and custody of the child after birth.

A legal contract is an important document that ensures that the surrogacy process runs smoothly. It clarifies the responsibilities and rights of each party and ensures that no legal disputes arise during the surrogacy process.

After the first trimester of pregnancy, a lawyer for the prospective parents will confirm that you are the child's legal parent and write your name on the birth certificate. This is called a pre-birth paternity order and is an important step in the process of declaring legal parents.

5. Commencement of the fertilization and embryo transfer process

After a contract is signed, the intended mother or egg donor receives ovulation stimulation treatment, followed by egg retrieval. The retrieved eggs are fertilized with sperm in a laboratory to form an embryo. Once the embryos are successfully cultured, they are transferred to the surrogate mother's uterus. The surrogate mother then undergoes regular medical checkups to ensure that the pregnancy is going well. Once the pregnancy is confirmed to be healthy and the baby's heartbeat is heard, the surrogate mother will begin to receive basic pay and a monthly stipend. She will also begin receiving prenatal care, which will continue throughout the pregnancy.

This stage requires a high degree of cooperation from the medical team. From egg collection, embryo culture to embryo transfer, every step needs to be precise and professional to ensure a successful pregnancy for the surrogate mother.

6. End of surrogacy, welcome the birth of the baby

At the time of the baby's birth, the intended parents usually accompany the surrogate mother to the hospital to welcome the newborn. By prior legal arrangement, the child is cared for by the intended parents immediately after birth, while the surrogate mother completes her surrogacy.

This is the final step of the surrogacy process and the most exciting moment. The expectant parents welcome their baby, the surrogate mother completes her mission, and the process comes to a successful conclusion.

summarize

Surrogacy is a complex and emotional process that requires careful planning and preparation. By choosing the right surrogate mother, meeting the legal requirements, and through the help of a surrogacy agency and attorney, intended parents can successfully realize their fertility dreams. At the same time, surrogate mothers can gain a great sense of fulfillment and financial rewards from helping others. The surrogacy process, while challenging, has brought hope and joy to countless families.