Want to be a surrogate mother but wonder if it’s worth it? Just like any other pregnancy, it takes a lot to be a surrogate mother, emotionally and physically. Throughout the journey, you will have to commit a lot of time and energy to go to doctor’s appointments and undergo several procedures. Hence, it only makes sense to wonder how much you get paid to be a surrogate.
We’ve surfed numerous sources, and here’s what we found out; surrogates are generously compensated financially. In fact, they don’t just receive a one-time, big-time payment, but they get financial aid for any pregnancy-related expenses, lost wages, and more.
How Much Is the Surrogate Mother’s Compensation?
The average surrogate pay ranges from $30,000 to $40,000 for first-time gestational surrogates and up to $68,000 for experienced surrogates. This is only the base pay, though, and the total amount depends on several factors, including:
Reimbursement of any surrogacy-related expenses throughout the surrogacy journey
The intended parents
For first-time surrogates, it might be enticing to join surrogacy agencies online with incredibly high rates. However, many of these can be misleading. Many agencies pay less than what they’ve advertised for first-timers. Although it makes sense, the fact that they’ve kept it hidden makes the agency unreliable and sketchy!
Furthermore, if a surrogacy agency posted a number that’s a bit higher than usual, then that’s probably their rate for an experienced surrogate, not a newbie!
What Does a Surrogate Pay Include
When you become a surrogate mother, you don’t just receive a large sum of money from the intended parents up front. Instead, the intended parents provide for every expense incurred in the surrogacy process, including monthly payments for allowance, health insurance, and more.
To give you a better idea, here is a breakdown of the different benefits your surrogacy pay may include:
Right at the beginning, surrogates get paid a base compensation that may vary from one surrogate to another based on the state they live in and their experience. As mentioned before, a first-time surrogate can expect around $30,000 to $40,000 base compensation. In contrast, experienced surrogates have higher payments. The more surrogate pregnancies you’ve had, the higher your base pay.
The intended parents will pay the base compensation monthly, starting as soon as the ultrasound detects a heartbeat. They will pay you for nine months and will pay off the remaining balance within 14 days post-delivery.
Surrogacy Related Expenses
Apart from the base pay, the total surrogate mother compensation includes any expenses incurred during the surrogacy process. The intended parents need to cover the medical costs and procedures, including:
Medical screening costs (one-time)
Medical clearance finalization fee (one-time)
Surrogate injection (one-time; paid at every start of a new cycle)
Embryo transfer (one-time)
Confirmation of heartbeat (one-time)
Additionally, intended parents will also need to provide the surrogate with a monthly allowance to ensure that the surrogate mother experiences a healthy surrogate pregnancy. The monthly allowance will start after signing the surrogacy contract and ends a month after the agreed date. The intended parents will provide additional payments for maternity clothing, travel, and childcare expenses. After all, you will spend several small payments throughout pregnancy, which is a tremendous amount of money.
In case of multiple pregnancies, like twins or more, the intended parents must also add payment per baby.
Reimbursement of Lost Wages
The mother may miss work during surrogate pregnancy due to nausea, fatigue, and postpartum issues. To make up for this, the mother will also receive surrogate compensation for lost wages as long as they can provide a medical certificate as proof. For this reason, the surrogates must give proof of income before signing the contract.
The intended couple will also compensate your spouse for any work they miss because of the surrogacy. For instance, if the mother receives a bed rest order, if the spouse needs to attend surrogacy appointments or spouse testing. The spouse must be transparent in these cases and present proof of lost wages.
Lost wages compensation is provided for up to:
Four weeks post-vaginal delivery
Six weeks post-C-section delivery
The whole bed rest duration (should be declared on the contract)
Other Medical Expenses Incurred
Like any other pregnancy, surrogacy has risks and will not always go as smoothly as you wish. Hence, intended parents should also be ready in case there’s a need to conduct any invasive procedure during pregnancy.
These procedures include but are not limited to the following:
Termination of Pregnancy
Who Is Qualified to Be a Surrogate Mother?
Before determining your ability to become a surrogate, you should ensure that your local laws permit surrogacy. Along with finding a good agency, you must also research the laws and guidelines surrounding it and study them thoroughly to keep yourself safe and the process legal.
Not everyone can be a surrogate. Although the end reward for the surrogacy process is attractive, it also comes with heavy commitment and high risk. After all, surrogates have to temporarily house someone else’s baby for nine months or more. During that period, anything could happen — surrogate mothers may experience pregnancy-related problems and extreme lifestyle changes. Some may also have difficulty giving up the baby after forming a bond with them.
Due to this, potential surrogates need to pass specific qualifications to become a surrogate officially. This may vary from one surrogacy agency to another. However, the essential factor is that they are 100% aware of what they’re getting themselves into and are ready for it.
Now the qualifications may differ from one agency to another. However, there are three basic qualifications to becoming a surrogate common to all:
As a surrogate mother, you must be physically capable of undergoing a gestational pregnancy with the least possible risk for you and the intended parents’ baby. Otherwise, the expenses will skyrocket, and your health and safety as a carrier will also be compromised.
Here are the basic surrogate physical qualifications according to surrogacy specialists:
The potential surrogate must be at least 21 years old and not beyond 40 years old
The potential surrogate must have a healthy BMI
Must have experienced at least one successful pregnancy
They must have their own child at home
Must NOT be on anti-anxiety or antidepressant medications for at least a year
Must not have new piercings or tattoos within a year of starting the surrogacy process.
Being mentally qualified is as important as being physically fit. This is because surrogates have to devote at least a year of partnership with the intended parents since you will be helping them get pregnant. You’ll have to undergo medical processes for them, attend doctor’s appointments, etc. Hence, As a surrogate, it’s important to maintain a good relationship with the intended parents, as they will provide for everything you will need, similar to a full-time job.
Apart from that, you will also have to deal with hormonal changes, nausea, and sometimes emotional attachment. This rarely happens among qualified surrogates, though. However, a strong mindset and emotional stability can easily prevent this issue. After all, there are aspiring parents waiting for their miracle to happen, and it would be cruel (not to mention illegal) to take that away from them at the last minute!
To ensure that you’re mentally ready to become a surrogate, you must visit a surrogacy professional. They will walk you through everything you need to know and expect during the pregnancy and will help you prepare for the hurdles ahead.
Professional Surrogacy Screening
If you feel confident that you have everything an intended parent could look for, then it’s time to get your final examination with a surrogacy specialist. At this stage, you will undergo medical and psychological examinations that will confirm your validity as a surrogate.
First things first, you will need to fill out some paperwork. Then, you and your spouse will have an in-depth conversation with the specialist. This will be your screening, which will help the specialist determine whether or not you are a suitable surrogate.
After receiving the signal, you will then undergo a final medical screening before the surrogacy process. This process will confirm that you can safely undergo gestational surrogacy. You can sign the surrogacy contract right after!
Does It Cost Money to Be a Surrogate Mother?
As a surrogate, you will not pay a single dime for anything surrogacy-related. All you have to do is ensure that you keep yourself and the intended parents’ baby healthy, and everything else will be provided.
However, you should understand that all of this is tied with many potential health problems, time, and physical and emotional stability.
Nonetheless, the end reward is satisfying. Not only because of the financial compensation but because you’ve just successfully helped a couple fulfill their dreams.
To sum it up, surrogates get a surrogate payment that ranges from $30,000 to $68,000 in base compensation, depending on the agency and the surrogate’s experience. This does not include any other medical-related expenses, lost wages reimbursement, and emergency invasive procedures.
To become a surrogate, you don’t just need to be physically and mentally prepared for the challenge, but you also need to visit a specialist and get evaluated. Remember, as a surrogate mother, you’re here to help aspiring parents reach a dream.
Much information about older women acting as gestational carriers might be misleading for those who are just beginning to learn about the fundamentals of surrogacy. Many agencies prefer candidates for the role of surrogate mother to be under the age of 40.
Reach out to a surrogacy expert to learn more about your options if you’re interested in becoming a surrogate mother after menopause.
Mothers who have gone through pregnancy and raised their kids feel compelled to help other couples trying to start their own families. Some grandmothers and great-grandmothers even offer to carry their grandchildren.
Where does this trend toward using older women as surrogates come from? As some articles suggest, is it possible to become a surrogate mother after going through menopause? What are the risks involved with postmenopausal surrogacy? This article addresses all issues related with surrogacy after menopause.
Can You Be a Surrogate After Menopause?
How old a surrogate can be is a complex question. The potential surrogate’s health and capacity to carry a baby to term are crucial factors. There have been cases in which postmenopausal women have borne children for their intended parents, although this is not ideal.
The American Society for Reproductive Medicine (ASRM) suggests that a gestational surrogate should be no older than 45 years old, and many practitioners in the field adhere to this suggestion. While these guidelines acknowledge that a more senior surrogate, one who is 45 or older, may be utilized in certain circumstances, they also stress the need to keep all parties fully apprised of the dangers associated with pregnancy in women of advanced age.
Once a woman reaches menopause, she stops producing eggs entirely, making it impossible for her to conceive normally. While it’s true that eggs have a finite lifespan, the availability of an egg donor means that conception may still occur. Therefore, after menopause, it is theoretically possible to be a surrogate mother. However, most hospitals are unwilling to perform the treatments due to complications.
Thus, a surrogate mother in her sixties is an uncommon sight. She could only participate in surrogacy if a fertility clinic permitted her to do so in an unassisted pregnancy. It would be best if you met the qualifications to be a gestational carrier by the surrogacy clinic and the surrogacy agency.
Further, you must have had a previous pregnancy of at least one child to qualify for a surrogate pregnancy. Candidates must also pass the medical screening and have at least one successful pregnancy of their own child to be eligible as prospective gestational surrogates.
Becoming a Surrogate Mother After Menopause
Even though surrogacy experts seem to impose age limits that exclude postmenopausal women, tales of recognized surrogacy with older women continue to be shared and uploaded over the internet.
Talking to a surrogacy expert is the best method to determine whether you are eligible to be a surrogate after menopause since every surrogacy experience is different. Considerable weight should be given to the advice of your reproductive endocrinologist and your personal and medical history.
However, in most cases, a surrogate mother cannot be a woman who has entered menopause. The American Society for Reproductive Medicine recommends limiting surrogate selection to women aged 45 or younger.
After menopause, a woman can no longer have children by natural means. A woman’s menstrual cycle will cease once she reaches menopause. Her ovaries will cease producing eggs, and her uterus won’t start preparing for a safe pregnancy. A woman is considered to have entered menopause if she has gone 12 months without having her period.
Surrogacy specialists try to minimize complications when a surrogate reaches menopause by instituting age limits for surrogates younger than the typical onset age of menopause.
Although, if a surrogate mother is in menopause and otherwise healthy, she may be able to collaborate with a reproductive clinic that offers autonomous surrogacy. Suppose you want to become a surrogate after menopause but are unsure of your medical eligibility. In that case, we recommend you consult fertility clinics or your primary care physician.
The Function of the Uterus
While the safety of such late-term surrogacy is questionable, it is now feasible for women who have gone through menopause to get pregnant with the help of hormone supplements and donor eggs.
The uterus continues to react to hormones forever. Pills, injections, or vaginal creams containing hormones are necessary after menopause.
Getting pregnant later in life is more of a problem for the condition of the eggs and the ovaries, which would typically offer those hormones. Still, in the case of a surrogacy process, the biological mother donates the egg. Experts argue that the synthetic hormones provided before IVF should be sustained during the first trimester before placental hormones take control.
In most cases, when the mother is older, the health of the gestational mother becomes more of a priority. There are higher risks of hypertension, gestational diabetes, and spontaneous abortion.
The volume of fluid around the blood arteries, known as vascular volume, grows considerably during pregnancy, putting additional strain on the heart.
An elderly heart lacks the muscular reserve of a younger one, making it incapable of pumping blood at such a high volume. The risk of hypertension is more significant in elderly women since their blood vessels are less elastic. Contrary to popular belief, someone at 61 can appear healthier than someone at 49. Hence, the answer to the specific question is subjective.
The Risks of Being a Surrogate Mother After Menopause
There is a logic behind why surrogacy agencies demand prospective mothers to be beyond menopause. Late-term pregnancies, particularly those that occur beyond menopause, pose more risks for the mother than pregnancies undertaken by younger women. Additional dangers arise when a woman is carrying a kid for another person.
While it is possible for women to conceive after menopause with the help of a donated egg or embryo, they often have more difficulties throughout the pregnancy. Women who are surrogate mothers throughout menopause are at increased risk for pregnancy-related diabetes, high blood pressure, premature birth and cesarean section, malformations of the placenta, miscarriage, and hard labor.
If you’re carrying your kid, taking that chance is one thing. However, following menopause is not a good time to be a surrogate mother. Please remember that the intended parents have likely gone through much before considering surrogacy. They desire a child so severely that they are willing to take all precautions necessary to increase the likelihood of a healthy pregnancy and delivery. This is why many parents-to-be choose a younger, healthier gestational carrier. That would be a woman in her twenties or thirties who has already shown she can safely carry a pregnancy.
Independent surrogacy may be the way forward for you. Maybe some of your close friends or relatives have asked you to be their surrogate mother. They know all about the difficulties of surrogacy after menopause. It is possible to complete a surrogacy without a surrogacy agency if all parties agree and meet all necessary medical procedures. Be prepared for the difficulties and commitments of independent surrogacy before you embark on this path.
The Moral and Emotional Challenges of Surrogacy After Menopause
Though the prospect of a grandmother giving birth to her grandson may seem like a genetic nightmare. However, the fact that some women did it successfully meant that the likelihood of abnormalities was fairly low. This agreement may have ethical and emotional reservations.
Is it moral to put an old mother through the strain of becoming a surrogate? Is the grandmother’s mental health at risk if she carries her grandchild and gives them to their birth parents? Well, it all depends on the arrangement and the parties involved. Whether the process was aided by a surrogacy agency or without, the success all depends on the parties involved.
Gestational moms might develop an attachment to the kid throughout pregnancy. They may be reluctant to give up the child after delivery, even if it is not biologically theirs. This is only one of the many emotional issues that can arise during a surrogacy arrangement. There may be connection concerns even if the surrogate is a close relative, like a sister, rather than a stranger.
While continuing to act as a surrogate after menopause is not impossible, experts often don’t recommend it. This is because the probability of having a difficult pregnancy increases as a woman ages. Another issue is that older women have far less success than younger women when using a surrogate to conceive. You should discuss the decision to employ a surrogate mother after menopause with a reproductive doctor. Professionals in this field can evaluate your unique dangers and provide solutions for the surrogacy journey.
While many believe that a woman may still be a surrogate after menopause, others disagree. Surrogates say that postmenopausal women face the most stringent age limitations for this procedure.
Generally, the minimum surrogate age requirement is 45 years old. Several factors are at play here. But one of the most important is ruling out potential surrogates who may have been menopausal. Parents trying to have a family will often choose a younger, healthier gestational carrier if they have the option.
Whether menopause has you wondering if you can still be a surrogate, the answer may be yes. You may have options if you decide to pursue surrogacy on your own. A surrogacy expert can tell you whether this is a realistic option.
Surrogacy is a hopeful but expensive option for couples or individuals who wish to start or grow a family. The entire surrogacy process involves a couple of professional services that include legal, medical, and insurance fees; hence there is no denying the fact that surrogacy will cost you a lot.
One of the most significant expenses in the surrogacy process is the compensation fees for the surrogate mother. Here, we have discussed how much a surrogate costs in Florida. You will also learn the total cost of surrogacy and the surrogate mother’s medical, legal, and insurance requirements.
The Average Surrogate Cost in Florida
The average cost of the base compensation for a surrogate mother in Florida is around $35,000 and $50,000. Reputable and reliable surrogacy agencies often start the base compensation for surrogate mothers from $42,000. Maintenance of this generous base compensation ensures that both the intended parents and the surrogate mother benefit from this arrangement.
Many factors determine the exact surrogate compensation, including whether it’s the first experience of the surrogate or whether she has gone through the surrogacy process before.
One can become a surrogate mother multiple times. The exact number of pregnancies varies from person to person. However, as a general rule, a surrogate mother should only experience six pregnancies at most. Thus, per this rule, if a surrogate mother has had a pregnancy before opting for surrogacy, then technically, she can only become a surrogate mother five more times.
Some parents or individuals prefer an experienced surrogate over a first-time surrogate to ensure both parties’ contractual commitment. However, generally, most parents don’t have any such requirements.
Additional Surrogate Compensation
In addition to the base compensation, many surrogate agencies offer additional compensation to the surrogate mothers. These extra payments are covered throughout the surrogacy journey and vary from surrogate to surrogate. A few significant other settlements include:
Monthly allowance for a year or longer
Clothing allowance – usually provided at the start of the second trimester
Compensation for loss of reproductive organs during the process
Surrogate compensation for twin pregnancy or C-section
Bed rest compensation per the legal and medical professionals’ advice
Weekly payment for pumping breast milk
Fundamental Qualities of a Good Surrogate Mother
There are specific peculiar qualifications that a woman must uphold to become a surrogate mother. As stated earlier, one essential requirement is not to have more than six pregnancies.
Typically, every surrogacy agency or medical professional can define a particular set of requirements for the gestational carrier. However, most surrogacy agencies follow the American Society of Reproductive Medicine guidelines. The primary purpose of these recommendations is to reduce the complications for both the genetic parents and the gestational carriers. Here is the gist of these guidelines:
The surrogate mother should be of legal age. The preferable age group is between 21 and 45 years. However, in some situations, the practitioners may opt for surrogate mothers above 45. In such cases, the practitioners discuss the prospective complications in the pregnancy with the gestational carrier and the intended parents.
Having a healthy BMI is necessary for the surrogate mother. The doctor will do a thorough physical examination and medical screening of the surrogate to ensure her readiness for the surrogacy journey.
The carrier must have at least one uncomplicated pregnancy before signing up as a gestational carrier.
Ideally, the carrier has a stable relationship at her home, free from domestic, sexual, or psychological abuse.
The carrier should be psychologically and emotionally stable. Also, she must have been off anti-depressants for about the past twelve months.
The prospective carrier should test negative for STDs (Sexually Transmitted Diseases).
These are a few significant considerations to check in prospective surrogate mothers. Generally, reputable and reliable surrogacy agencies in Florida check these qualifications.
How Much Surrogacy Costs in Florida
The average cost of surrogacy in Florida is around $110,000 to 220,000. The wide gap between the two extreme average values is because the exact surrogacy expenses depend on several factors. These factors include surrogate fees, legal service charges, fertility clinic management costs, medical treatment expenses, etc.
Average Surrogacy Agency Management Charges in Florida
Surrogate agencies bridge the intended parents or individuals and the women who wish to become a surrogate. A surrogate agency provides both parties with a healthy and helpful environment throughout their surrogacy journey.
Reliable surrogate agencies have skilled and experienced professionals who offer counseling regarding the surrogacy process. The surrogacy agencies also advertise and screen for potential surrogates. Surrogate agency fees in Florida range between $20,000 to $30,000.
IVF and Fertility Center Cost
IVF (In-vitro Fertilization) is a significant part of surrogacy. The average cost of IVF in Florida is around $10,000 to $30,000. If everything goes as planned, the IVF will not cost more than $12,000. However, IVF is a complex procedure, and its success depends on many factors.
The occurrence of complications in any of these factors can increase the surrogacy cost. For instance, the donor sperm may not fuse with the egg, or the egg is not healthy for fertilization, failing to make the embryo.
In some cases, the fertilized embryo may not be healthy enough to survive the in-vitro conditions. Also, if everything goes well until embryo fertilization, the surrogate’s body may fail to accept the embryo transfer and start the pregnancy. Hence, it is wise to consider all the prospective complications before starting your surrogacy journey.
The medical expenses of surrogacy in Florida are around $8,000 to $14,000. These medical expenses include screening and testing, medications, and embryo transfer. The screening and testing of the surrogates determine if they are fit to carry on the pregnancy. These screening procedures include blood and urine testing, STD blood testing, evaluation of the record of previous pregnancies, review of the complete medical history, and drug screening of the surrogate.
Also, surrogacy medications are necessary to make the lining of the uterine wall of the surrogate ready for embryo transfer.
Legal Service Charges for Surrogacy in Florida
The legal fees for surrogacy in Florida are around $7,000 to $13,000. These services are essential to pass through surrogacy smoothly. Having legal professionals check every aspect of the process offers you peace of mind and allows you to focus on surrogacy only. Hence, it is best to approach surrogacy agencies that offer state-of-the-art legal counsel services.
Prenatal Care and Delivery Expenses
The surrogacy cost for prenatal and delivery care in Florida is about $12,000 to $30,000. These charges vary from case to case and depend upon the compilations or the care required during the delivery process. The parental care services ensure the maximum health and safety of the surrogate mother and the child.
How Does Surrogacy Work
It is crucial to understand surrogacy before consulting any surrogacy agency or hoping on to the surrogacy journey. Surrogacy is an agreement between the intended parent(s) and the surrogate mothers. In this agreement, the surrogate mother agrees to carry a pregnancy for the intended parent(s), who will be the child’s legal parent(s) after birth. The surrogacy agency compensates the surrogate mothers for their services per surrogacy agreements.
Difference Between Gestational Surrogacy and Traditional Surrogacy
There are two types of surrogacies: gestational surrogacy and traditional surrogacy. The gestational surrogates or non-genetic surrogate mothers are the ones that carry other couples’ offspring in their wombs.
A gestational carrier or gestational surrogate is not biologically or genetically related to the child she is pregnant with. In gestational surrogacy, the medical experts fertilize the donor’s eggs or the intended mother’s eggs through in vitro fertilization (IVF) technique.
Then, the doctors transfer this embryo inside the gestational surrogate’s uterus. This embryo transfer shows that the child’s genetic makeup will not coincide with the surrogate, as the gestational carriers only carry the child. Instead, the child is genetically related to the egg donor or intended parents whose sperm and eggs are used during IVF.
Contrarily, in traditional surrogacy, the surrogate is genetically associated with the child she carries. Traditional surrogacy does not involve sexual intercourse; the surrogate gets pregnant using modern medical technology.
There are many types of genetic surrogacy. The doctors may use the genetic surrogate’s egg and fertilize them using IVF with the intended father’s or donor’s sperm and then transfer the embryo to her uterus. The surrogate may also get pregnant via intrauterine insemination using the donor’s or father’s sperm.
Surrogate mothers carrying the child via traditional surrogacy are their biological mothers. However, the surrogate mothers sign the legal surrogacy agreements that they will only be carrying the child without the intention of claiming any parental rights on the child after birth.
Is It Legal to Get a Surrogate Mother in Florida?
Yes, Florida is a surrogacy-friendly state. Florida offers a comprehensive set of laws beneficial for both the intended parents and the surrogate mothers. However, following the rules and regulations is essential before starting surrogacy.
Gestational Surrogacy Laws
Gestational surrogacy laws in Florida are regulated under Fla. Stat. Chapter 742. This “Gestational Surrogacy Contract” thoroughly explains the legal boundaries of the intended parents and gestational surrogates.
Per this law, the commissioning couple or the intended parents should be legally married and above 18 years of age. Moreover, one of the intended parents must be genetically related to the child.
Traditional Surrogacy Laws in Florida
Traditional surrogacy comes under the laws devised for “Pre-Planned Adoption,” regulated under the section Fla. Stat. §63.213. In this surrogacy, the surrogate uses their own eggs to start the pregnancy, and none of the intended parents share the genetic makeup with the child.
As the surrogate mother is genetically connected with the child, in this case, the law gives her 48 hours to decide to place the child for adoption. However, it is imperative to note that surrogate pregnancy and child-birth-related laws keep changing in every state. Therefore, it is essential for all United States citizens living in Florida to thoroughly research and read Florida’s current surrogacy or adoption laws before commencing the surrogacy journey.
Is Compensating Surrogate Mothers Legal in Florida?
Florida surrogacy law allows intended parents to pay for reasonable expenses during a surrogate pregnancy. These compensations include health insurance, medical screening costs, psychological treatments, legal services, living expenses, lost work hours during pregnancy and childbirth, and other medical risks and inconvenience.
Do Insurance Companies Cover the Surrogacy Costs in Florida?
Medical insurance of prospective surrogates is essential before commencing the surrogacy procedure. Only fifteen US states obligate the insurers to cover infertility treatments. These states include Arkansas, Connecticut, Delaware, Hawaii, Illinois, Louisiana, Maryland, Massachusetts, Montana, New Hampshire, New Jersey, New York, Ohio, Rhode Island, and West Virginia.
Insurance companies in Florida do not cover infertility treatments. If a handful of companies offer such medical insurance, these may not cover IVF treatment and embryo transfer. Therefore, it is best to be ready for the surrogate’s medical insurance. The surrogate agencies may also offer multiple medical insurance options. These options vary per the surrogacy programs. On average, the medical insurance cost is between $5,000 and 44,000, varying based on the situation’s complexity.
How Long is the Surrogacy Process?
Ideally, the completion of the entire surrogacy process takes about fifteen to eighteen months. However, searching for the sperm or egg donor may take additional three to four months. This timeline is only valid if everything runs smoothly. In reality, surrogacy is time-taking, so you must remain patient while hoping for the best.
Starting a family through surrogacy is both expensive and rewarding at the same time. There are two main expenses of surrogacy, one is IVF, and the other is compensating the surrogate. A physically and mentally fit surrogate mother is essential for successful surrogacy, hence the expensive cost. Other surrogacy costs include agency fees, legal charges, medical expenses, and additional incidental expenses.
Surrogacy has become very common in various parts of the United States, including New York. After passing the Child-Parent Security Act in 2020, surrogacy has become legal in New York. Many homes, including same-sex couples, now prioritize surrogacy to have babies through assisted reproduction.
Couples who cannot give birth to their babies or want to add to their homes will no longer find it difficult because they can turn to this new method. But what does surrogacy mean? Surrogacy is when a woman agrees to become pregnant and deliver a child to another partner.
You may wonder how surrogacy has become so popular that many clinics and health practitioners suggest this option for couples who can’t reproduce. The inability of some couples to have their babies may be due to some health challenges, including infertility or other conditions. While the legal process is somewhat tricky, many people still go for surrogacy, but an independent legal counsel must represent the couples and the surrogate mother.
Understanding surrogacy will help you as a couple or single parent on your surrogacy journey. Also, it will help you understand the legal process involved in New York surrogacy laws.
What Is Surrogacy?
The term surrogacy involves a person consenting to bear and deliver a baby on behalf of another person. The surrogate mother gives the commissioning parent ownership and custody of the baby after birth. Surrogacy involves numerous medical and legal procedures that ought to be followed strictly. Understanding the processes, seeking legal counsel, and forming supportive networks are also crucial.
Also, surrogacy is assisted reproductive technology in which a woman carries and delivers a child using another person’s genetic material. There is no genetic connection between the child and the surrogate mother unless she is also the egg donor. So surrogacy is a popular choice for intended parents who can not conceive a child of their own or have been unable to conceive through natural means.
Before taking such a life-changing journey, you should consider many other individuals, including the surrogate’s spouse and children, intended parents’ children, as well as the sperm and ova donors.
Who Is a Surrogate?
A surrogate is a woman who successfully carries and delivers a child for the intended parents based on a legal surrogacy agreement.
Before you are a surrogate, you must be the child’s biological mother. They must also be at least 23 years old and have had no more than two full-term pregnancies. They must be able to carry the child to term without complications and have a healthy pregnancy and delivery.
If the surrogate is unable to carry the child to term, they can undergo medical care during the pregnancy to ensure that both she and the child are healthy. It is also important to note that the surrogate must be healthy and not have any chronic or terminal illness.
Is Surrogacy Legal in New York?
Before now, many couples, including same-sex couples, usually went to different states other than New York for surrogacy. It used to be inconvenient for most intended parents as they found it difficult to locate a surrogate mother or an egg donor they could trust. Today, they can collaborate with a gestational carrier within their state for a simpler, more comfortable journey.
The good news is that an intended parent can legally go for surrogacy in New York. This is possible because the Child-Parent Security Act of 2020 made surrogacy legal. However, the intended parent(s) and the surrogate must undergo a medical evaluation to ascertain their health conditions under the supervision of trained healthcare personnel.
Also, the intended parents and the surrogate mother must involve legal counsel. This does not exclude unmarried intended parents. The New York surrogacy law may change without your notice if you reside in New York. Hence, surrogacy contracts should be binding for the parties involved, and a professional must prepare the contract.
Remember that it’s advisable to consult an expert New York surrogacy attorney to understand the procedure fully. Only an attorney can give you the relevant information needed to help you decide which option is right for you.
Surrogacy is of two major types; traditional and gestational surrogacy. Also, surrogate mothers are of two types: traditional and gestational surrogates.
Understanding the various forms of surrogacy is crucial to know what you are going for. Gestational surrogacy contracts differ from traditional surrogacy contracts as both entail slightly different terms.
This form of surrogacy is very common. This surrogacy process involves the transfer of the embryo into the surrogate’s uterus. The sperm and egg of donors or the commissioning parents are used to form the embryo via In Vitro Fertilization. The surrogate provides only her womb and not the genetic material.
The surrogate will carry the child till birth, and there is no genetic relationship with the child so long as their egg is not used. This type of surrogacy is common among individuals who struggle with infertility, same-sex couples, those who cannot safely carry a baby to term, men or women who intend to be single parents, and those who prefer not to have a genetic link between their child and the surrogate.
As mentioned previously, in New York, gestational surrogate compensation is legal. The surrogate will be taken care of from the onset of the surrogate agreement till two months after childbirth. Once the child is delivered, the intended parents will be issued a birth certificate.
The child-parent security act made it mandatory that the health department must issue an accurate birth certificate listing the prospective parent(s) as the baby’s rightful parent(s). Again, both parties should consult a New York surrogacy attorney to help them understand the process.
In this type of surrogacy, the sperm of the intended parents is used to fertilize the surrogate’s egg. This is accomplished through IVF or intrauterine insemination. In this situation, the infant is biologically related to the mother.
This type of surrogacy is ideal and common among same-sex couples, single men, or intended mothers who cannot produce viable eggs. The state of New York has made traditional surrogacy legal. It may be more affordable for commissioning parents because it does not include the collection of ova from intended mothers or egg donors.
While surrogacy is of two major types, there are also two forms of agreement: commercial surrogacy and altruistic surrogacy. While some countries have strict surrogacy laws, others ban it entirely, but neither is true for New York. The New York surrogacy laws permit surrogacy so far as both parties meet the legal requirements.
Commercial Surrogacy Agreement
In commercial surrogacy, the surrogate gets compensation through material things or cash. The intended parents will take care of the entire pregnancy cost during the whole time.
Altruistic Surrogacy Agreement
Unlike commercial surrogacy, where a surrogate mother gets compensation, altruistic surrogacy is quite the opposite. The surrogate does not receive any payment of any such. The intended parent(s) only spends on medical expenses.
This model of surrogacy is prevalent among family members. Altruistic surrogates usually assist individuals they know, for example, a family member or close friend, and will most likely get compensation for medical expenses.
The decision between altruistic and commercial surrogacy is contentious, and finding the one ideal for intended parents will probably rely on how they view surrogate compensation. However, this might be of greater concern in foreign surrogacies than in domestic ones. Those who oppose commercial surrogacy claim that the procedure milks the human reproductive system and exploits weak women who need financial support.
However, many individuals are wary of using a surrogate to have a baby without paying her because they don’t want the surrogate to feel exploited or unappreciated. Although altruistic surrogacy could help intended parents save money, it might also create difficulties for the connection between the surrogate and the intended parents in the process.
The Cost of Surrogacy
The cost of surrogacy can vary greatly depending on the country and the clinic. Surrogacy in New York may cost up to $125,000, but this is not a fixed amount.
Parentage orders and surrogacy agreements are both subject to legal advice. It is appropriate for a commissioning parent or parents to meet any surrogacy agreement’s medical and legal expenses.
Also, it is crucial to seek advice concerning medical costs. Private and medical health insurance may not cover the cost of surrogacy.
The surrogacy expenses occur in three topics: the surrogate, the egg donor, and the medical expenses.
The surrogate has the higher expenses because they are the ones who must go through the medical procedures. The surrogate also makes all the health and welfare decisions.
The expenses for the egg donor are the second most expensive part, while the medical costs are the lowest.
Locating an Independent Legal Counsel for Surrogacy in New York
No matter their situation or location, every surrogate and prospective parent needs independent legal counsel or a surrogacy attorney. The role of the surrogacy attorney is to uphold their client’s interests and rights all through the legal procedure.
Before achieving a pregnancy, all parties involved should know the legal and medical processes, their obligations at each stage, and the possible difficulties they may encounter. Things will go more efficiently when all parties have the right information and explanation.
The attorney’s responsibility also includes ensuring that each party complies with all legal procedures so prospective parents can legally establish their relationship as the child’s parents.
In contrast, persons seeking a surrogacy agreement in New York can only work with matching services with a license from the state of New York. If you feel confident finding a sperm donor or the surrogate by yourself and handling the numerous intricacies needed in a surrogate pregnancy, partnering with an attorney will not be necessary.
The attorneys and clinics can offer you the following help since they have knowledge of New York law and surrogacy:
Assist you in comprehending the relevant state law.
Surrogacy and egg donation guidelines.
Sensitize you on the criminal and civil penalties for anyone who breaks surrogacy laws.
Create a strong surrogacy contract and start the legal processes necessary to prove your parental authority.
Provide legal counsel for you at every stage.
Thus, finding a New York surrogacy lawyer is crucial for every intended parent.
What Is the New York Surrogacy Law?
As of 15th February 2022, New York’s surrogacy law permits gestational surrogacy. The newly enacted Child-Parent Security Act repealed the previous New York law that declared paid surrogacy contracts illegal and unenforceable and permitted paid gestational surrogacy.
Additionally, according to New York surrogacy law, a traditional surrogate should be the child’s legal mother. She will also need to give her consent before the commissioning parents adopt the child because they are not the child’s genetic parent.
It is also important to note that the information in this article is not in any way a legal counsel. Still, it can help you understand the basic laws and regulations governing surrogacy in various states, especially New York. Speaking with an expert attorney is crucial to help you navigate your journey.
Frequently Asked Questions
1. In New York, is compensated surrogacy legal?
The CPS Act allows compensation for any gestational carrier for their services. Any payment must be “fair and agreed in good conscience between the intended parties.” The gestational carrier is paid throughout pregnancy and possibly all through to two months after the baby is born.
2. Who can be a surrogate in the state of New York?
New York’s surrogacy laws cover only legal citizens and residents of New York. This means international commissioning parents can not use surrogacy in New York. New York was the first to establish permits for gestational surrogacy programs, among other states.
3. What happens when the intended parent(s) work with an egg, embryo, or sperm donor?
When intended parents use gametes that were given anonymously, the legal procedures to terminate the donor’s right are usually already in place. But, if they are to use a donor they know, they will need the help of a surrogacy attorney in New York to complete the essential legal formalities.
To establish expectations and duties from both parties, the commissioning parent(s) should always possess a documented embryo transfer agreement regardless of who’s involved. Donors need not worry because they are not granted rights to the child born through assisted reproduction because they are regarded as such by New York’s surrogacy laws.
4. Can same-sex couples adopt a child as a stepparent just because the baby was given birth in the state of New York?
This is obtainable if they register the second parent adoption in the child’s birth county. This must be done within 90 days after the child’s birth.
5. Can I apply to be a surrogate?
It is incredibly kind of you to volunteer to bear a child for another person to raise. Knowing your responsibilities and the procedure is crucial before making any decisions. You must consider your children and partner, if any, and discuss it with them.
Surrogacy is legal in New York if you are planning to use the option to have your own child. The child-parent act makes it possible and legal. Many couples now have their own babies today through surrogacy. You can decide to use any surrogacy type, provided you meet the requirements.
While the law permits surrogacy, you should still consult a skilled lawyer and go for a reputed agency so that all your documents and agreements are in order. You must ensure that both parties understand and sign to ensure that the process is smooth and without undue stress for all the parties involved.
With surrogacy becoming an increasingly popular option for many couples who are having trouble conceiving, people have raised several issues about its legalization, especially how it affects women and children. Specifically, people are curious to know, “is surrogacy ethical?”
Frankly, surrogacy is a complex issue with many different facets and viewpoints. In this article, we’ll explore some of the main ethical questions surrounding this topic and what governments and parties must do to improve it.
What Is Surrogacy?
Surrogacy is when a woman offers to carry a baby for another woman or couple. Usually, the surrogate may or may not be genetically related to the baby. However, since women are generally more emotional, there’s always the risk that the surrogate mother might develop an emotional attachment with the child she carries.
Surrogacy is useful for various reasons, but it’s most commonly beneficial when there are fertility problems in one member of a couple who wants to have children.
In this case, the woman unable to carry a child will choose a surrogate mother based on several different factors. Once they agree on the terms of the surrogacy agreement, they move forward with the procedure.
There are two types of surrogacy: traditional and gestational. In traditional surrogacy, the child genetically belongs to the surrogate mother as she donates her egg.
Gestational surrogacy is similar to traditional surrogacy but involves using an egg from either the intended mother or a donor and not from a surrogate mother.
In every case of surrogacy, during every trimester of pregnancy, the commissioning parents pay monthly payments toward the cost of carrying the baby. The couple then pays an additional fee at the end of pregnancy for delivery costs. It also includes medical care during labor and delivery for the birth mother.
Is Surrogacy Ethical?
In recent years, surrogacy has raised concerns about its legalization and ethical problems. The first question is whether surrogacy arrangements should be legal in the first place. There are arguments both for and against this proposition.
On the one hand, people who are unable to have children themselves may benefit from being able to hire another woman to carry their child. On the other hand, there are concerns about exploitation and abuse of power in such situations.
In addition, there are also worries about the long-term effects of surrogacy on both parties involved—the surrogate mother and the intended parents—as well as issues related to how this impacts society more broadly (for example, creating an economy around selling women’s bodies).
The surrogate mother has no legal rights over her pregnancy or her own child after birth. She is simply a vessel through which someone else’s genetic material comes into the world. However, although this is a widespread opinion of people, most surrogates practice this consensually. They earn a livelihood in this way and are happy to bring the joy of expanding people’s families.
Another problem some parties face is that the commissioning parents sometimes pay less to surrogates than minimum wage for their services. Considering the risk to their own health and putting themselves at physical risk by carrying another person’s child for nine months is difficult. However, this is very rare since most parents pay a handsome amount to the mothers-to-be, including their medical care.
Very rarely, surrogate mothers may face threats from those paying them if they don’t follow through with giving up their babies after birth. This is known as “surrogacy coercion”). This is very uncommon, and hardly any cases have been reported on the matter.
What Are the Economical Concerns About Surrogacy?
Using a gestational carrier to become pregnant is expensive. In the United States, the cost can range between U.S. $100,000-$150,000. This high cost is because the intended parents must pay for their own medical bills and their surrogate woman’s expenditure. Note that insurance does not typically cover many of these medical expenses.
Although surrogacy is still available in the United States, surrogates, agencies, and clients all charge a fee for their services. The cost of surrogacy can vary greatly depending on where you choose to have it done and who you work with. In the U.S., compensation for surrogate mothers is set at $45,000 to $75,000. Furthermore, parents pay for the nine months of surrogacy, the medical expenses, including labor, and insurance as well.
Parents usually pay for travel costs, milk pumping or nursing, and clothing. In case of any organ damage or loss, parents fully support the surrogate mother in further medical aid and expenses. All this is added in the legal clauses beforehand.
Surrogacy is, for sure, costly, but many couples found success by exploring options overseas. Specifically, couples who traveled there before their country’s ban on international surrogacy in 2015 could do so with fewer expenses due to lower prices – for $15,000 to $20,000 – than those found in their or other countries.
This raises ethical concerns about whether this is an appropriate use of resources for those who could adopt or for high-profile celebrities who could fundraise for alternative options.
As we have seen, Gabrielle Union’s desire to have children is not only a personal one but represents an ongoing desire to normalize surrogacy as a way of creating families. Through her celebrity and economic stature, she has helped initiate this normalizing process, which ultimately will benefit many more people than simply herself.
Apart from the cost of surrogacy itself, many other factors push us to believe that the government should significantly regulate surrogacy. Some of them are as follows:
No Natural Fertility
There are many objections to the practice of surrogacy. The main objection is that it does not use the “natural” ways of reproduction. This means that, in the case of surrogate maternity, the doctor artificially inseminates the woman.
The Catholic Church is against surrogacy as it destroys an individual’s identity and intimacy. In their view, creating a child for someone else through in vitro fertilization or other artificial means goes against natural reproduction and thus compromises the dignity of a child.
Surrogacy is a sensitive issue and has a wide spectrum of dimensions. It is not simple to just perceive it as having a baby or looking at it in terms of devotion for the couple who may not be able to give birth.
By ignoring the multidimensional aspects of surrogacy, we are looking at it from a very narrow-angle, resulting in multiple negative effects on the parties involved.
Surrogate mothers are supposed to act altruistically, but the “paid” pregnancy service is another factor leading to the alteration of the natural reproductive means of the human being. Thus, it ultimately diminishes many individual and social values.
Selling the Female Body
Some feminist scholars find that one can link surrogacy schemes to an act of prostitution as surrogate mothers sell their uteri and hand over control of their bodies in third-world countries.
In countries where poverty reigns, people coerce women into surrogacy against their will, or traffickers take advantage of girls at a young age to serve as ‘breeders.’ The poor live in poverty, lack education, and are easily taken advantage of.
Surrogate Mother – A Breeding Box
Experts have criticized altruistic surrogacy as immoral, dehumanizing, and commodifying women’s bodies by reducing them to “breeding boxes.” Yet, many people argue that the mothers-for-hire can benefit from it by providing them with an economic opportunity and increasing their autonomy over their bodies.
The emotional experience of surrogate mothers with their biological children has been the subject of much research. Most surrogate mothers feel that they are not the parent but rather host to the fetus and a breeding box.
Other surrogates feel that they are just like a hotel and that the baby is their guest. Van Zyl and Van Nierberk concluded that not all surrogates have the same attitude toward their experience, and some use different ways of dealing with these feelings.
Amid a controversy over the use of surrogate mothers, studies have revealed that surrogate mothers could easily discriminate between themselves and their fetuses.
In a study by Van der Akker, the satisfaction of surrogate mothers concerning their surrogacy experience was frequently positive. This was especially true when they were able to withdraw the child. In addition, a high degree of satisfaction was associated with believing that an adequate compensation system had met their own needs well.
In a surrogacy arrangement, there is no real attachment between the biological mother and the child. One may think that this practice is not morally acceptable since it seems that women are just serving as breeding boxes for their babies.
Medicalization of Surrogate Mothers
Medicalization is an important concept in the belief system of Michel Foucault. Furthermore, medicalization involves making certain things into medical problems governed by specific legislation and special professionals.
Women with surrogate maternity contracts must agree with the diagnostic procedures because they fear being penalized.
It is essential to understand that these surrogacy agreements insult female subjectivity and medicalize the female body. Thus, they trample on the dignity of a pregnant woman.
The most disturbing side of surrogacy practice is forcing women to submit to diagnostic tests, including abortion, amniocentesis, and Caesarean sections, depending on what the physicians recommend. This makes the surrogacy practice unethical and illegal in some cases.
Pregnancy and Delivery Risks
The objection to the use of surrogacy raises its head when one considers that the child born of a surrogate mother is not genetically related to her. It is also possible that a woman may become pregnant with another person’s genetic material and bear a child with whom she has no genetic relationship.
There are no genetic risks involved in carrying a pregnancy to term. However, there are many risks to the surrogate mother.
It is common knowledge that pregnant women are likely to sustain some physical discomfort due to their pregnancy, but one should remember that surrogate mothers also face similar problems.
Although pregnancy is a natural process, one must be aware that it can still be risky. The prenatal period can cause or exacerbate abnormalities.
Problems such as cardiac, respiratory, and renal disorders all put the mother at risk of death. One can claim that these risks are at least partly assumed when a pregnancy goes wrong.
The Daily Mail once announced a 29-year-old surrogate mother was dead almost immediately after giving birth. Another study suggests that some surrogate mothers face severe pregnancy problems such as miscarriages and ectopic pregnancies.
Having a baby with an anomaly may create more problems for the couple who applied for surrogate maternity. If the intended parents refuse such a child, where should it be placed? The child then becomes subject to foster homes and social workers.
Loss of Autonomy
There are always emotional problems with surrogates, although they are free and conscious. In the United Kingdom, Vasanti Jadva carried out a study on 34 surrogate mothers. The rate of mental and emotional problems for 32% was reduced to 15% in one year.
However, 6% experienced these types of problems up until nine months. A portion of 6% sought psychological support from psychotherapists. Also, 9% of women who participated in the study still experience those problems.
One must weigh the obligation to respect the autonomy of the surrogate against the prospective mother’s right to establish the kind of family she wishes.
One should respect a mother’s right to choose to have children over her right not to be coerced into carrying a pregnancy to term. The right to choose what happens in one’s body should outweigh her right to refuse life-affirming medical procedures like childbirth.
The prohibition of surrogate maternity is paternalistic. Surrogacy concerns only the commissioning parents’ rights, who are eligible to use the surrogate’s body for their own benefit. In some people’s controversial opinions, surrogacy objectifies the pregnant woman in this approach since people see her as merely a means to an end.
Debilitation of Couple’s Relationship
The surrogate pregnancy has some adverse effects on the family. It is not rare for a woman to develop some emotional and even sexual feelings toward the man who donated his sperm to her. Unfortunately, it may lead to serious problems if the surrogate mother has a close emotional relationship with this man, who is also married.
Surrogacy solution for infertility jeopardizes the marriage relationship of infertile couples. Would the marriage union become strained when the couple cannot have children together, or would it even be broken down?
In patriarchal and polygamous communities, adoption by her husband of a second wife could be a solution for their family formation. It happens due to the childlessness of one of the spouses, particularly of the female partner.
In more conservative and traditionalist sections of these communities, surrogate maternity may seem like a solution for some couples. These include those whose infertility jeopardizes their marriage and serves to keep the marriage intact.
Refusal of Baby Withdrawal
The postpartum period is particularly stressful for surrogate mothers who, following the separation from the newborn, may experience grief for losing the baby.
In some cases, this grief may persist during the pregnancy and even after birth, resulting in ambivalence towards the baby.
The possible complication during the surrogacy process is psychological support to both parties before and after delivery.
Preparing and rendering psychological support to both parties before and after delivery is important. For instance, if the surrogating mother changes her mind and decides not to deliver the newborn to the voluntary couple, the guardianship challenge will be on its way.
Right of Baby
Surrogacy is a questionable practice, especially when it comes to the issue of parental consent. Since the baby is not considered autonomous, it is uncertain whether it can consent.
There are also doubts about whether or not the surrogate mother is actually volunteering her services, as she may have been forced into this by poverty or other reasons.
Sale of Children
Experts argue that surrogate maternity and the contract of surrogacy violate children’s rights. First, such practices create a situation where people seek a child to satisfy their needs so that the child becomes a product to be sold or purchased.
Secondly, the child is treated as an object or tool that one could use for those purposes, so commissioning parents would infringe on his rights.
Those who oppose surrogacy claim that it is the same as purchasing a baby since buying and selling babies encourages this type of industry. Others, however, believe that the benefits far outweigh the risks.
Surrogacy has to be seen as a kind of human sale and exploitation, which would be like treating a child only as a commodity for sale. Therefore, surrogacy is usually damaging and jeopardizes the mother-child relationship.
Surrogacy and Religion
A common issue with surrogacy is the religious element. In some religions, scholars see surrogate motherhood as an abomination, illegal activity, and sin. The fundamentalist wing in Western society also considers it an immoral act.
Though it might be legal in the United States, surrogacy is still a gray area for orthodox Christian couples. The priests that work in these churches have said that they oppose extra-somatic pregnancies and will not sign off on surrogacy contracts if they feature this method of pregnancy.
The Catholic Church prohibits such practice due to the negative effects that it has on the pregnant woman as well as on the child. In Israel, people perceive surrogacy as a good deed for men and women who cannot conceive biologically to seek help from surrogate mothers for bearing their children.
Through surrogacy, the surrogate mothers served the religious purpose of helping childless women to become mothers. This was revealed in Teman’s (2003) study.
The issue of surrogacy receives a denial from the Islamic perspective, as if at odds with God’s creation and the marital relationship between husband and wife. Therefore, it is not legal to intervene in this matter by using new scientific techniques or changes in technology,
Surrogacy is a legal, ethical and moral issue in Egypt. Under religious law, no one is eligible to be a surrogate except the wife. In Saudi Arabia and the UAE, surrogacy is morally unacceptable.
Way to Human Trafficking
It is estimated that surrogacy will become a global industry worth more than $20 billion, but no exact figures are available on how many babies have been born through surrogacy arrangements.
The United States is a popular destination for surrogacy services. American law permits intended parents to hire an American woman to carry their child often referred to as commercial surrogacy. The U.S. provided a legal system explicitly supportive of commercial surrogacy: a contract between the surrogate and the commissioning parents.
Compared to the U.S., many countries have far fewer regulations and oversight, especially those considering international surrogacy arrangements in countries like Ukraine and Russia. These nations have virtually no regulations for surrogacy. They are not subject to American laws governing compensation for expenses and breach of contract, which can be problematic for both parties.
The stories of surrogates and commissioning parents aren’t always pretty, as they’re often forced to face all the difficulties that come with international interactions. Many remain torn apart today, caught in the legal limbo surrounding international surrogacy. Trapped within a labyrinth of laws without any pathways to citizenship or permanent residence, surrogates and commissioning parents often struggle to reunite.
When it comes to intercountry surrogacy, there are two major camps. The first is international feminist groups who believe surrogacy commodifies women’s bodies and life-giving capabilities. In contrast, the second features another type of feminist. They believe a woman should have every right to choose whether or not she becomes a surrogate mother.
Unfortunately, human trafficking is growing more involved in the international surrogacy market. The amount of money involved makes it an attractive opportunity for traffickers to sell girls and women into surrogacy arrangements.
Response of Government
In the course of time and evolution, the regulations concerning commercial surrogacy have become more flexible. The vast majority of the states and legal systems now allow this form of maternity to a certain extent. However, there are still many limitations, primarily imposed on the women who wish to become surrogate mothers.
A group of international experts is developing new rules to help ensure that surrogacy arrangements are ethical. Several countries, including India and Thailand, have recently closed their borders to such arrangements. These countries have historically provided many international surrogates.
Sadly, the United States government maintains that commercial surrogacy arrangements are outside the scope. They don’t violate the Convention on the Rights of the Child and its optional protocol prohibiting child trafficking and sale.
Regulating surrogacy agreements is one mechanism to prevent their use as a way of selling children, says the U.N. Special Rapporteur on the sale and sexual exploitation of children.However, she has not advocated for a global ban on surrogacy, although an increasing number of voices do advocate for such a ban. In 2018, hundreds of organizations from 18 countries signed an International Statement for a Global Ban on Womb Rental.
What Principles Make Surrogacy Generally Ethical?
People have widely discussed the ethical concerns of surrogacy and/or assisted reproductive technologies in recent decades. These issues are valid and worthy of note in more ways than one. Especially with regard to morals, surrogacy raises quite a few questions. However, not all these concerns are solid and widespread enough to ban surrogacy completely.
Indeed, there are concerns about autonomy and the risks of delivery as well as exploitation. But it’s important to note that there are people who truly cannot conceive or carry a child to term. In such cases, if a willing woman is interested in helping the couple and is compensated properly for it, the ethical gray areas lighten up noticeably and quickly.
For this to happen, though, governments must set up adequate guidelines to reduce the ethical issues with surrogacy. They are:
The government should address the arguments made against payment for surrogacy. Considering all the arguments, the most acceptable practice is altruistic surrogacy.
Reimbursement of the surrogate’s medical expenses and compensation for physical discomfort should be lawful. The commissioning parent should compensate the surrogate for pregnancy expenses. It includes the loss of actual income if it falls out of health insurance and the national social security system. But, ultimately, profit shouldn’t be the primary motive behind surrogacy.
The law should recognize that the parties involved in a surrogacy agreement are committing themselves to certain restrictions on their autonomy. The surrogacy agreement creates moral obligations for both parties, which cannot be broken without subjecting one party to legal action.
In divorce, the intended parents are still the child’s parents. If one of the intended parents dies during the pregnancy, the surrogate can choose whether or not to continue with the pregnancy. She also has a right to keep the child after birth if she chooses.
It is important to remember that surrogacy is a very personal and emotional decision. The surrogate, the commissioning parents, and the surrogate’s family should receive all consent to the arrangement before it begins.
One should make things clear from the beginning. The surrogate will have no right to the child, and she will hand over the baby to the commissioning parents.
Conclusion – Must Surrogacy Be Banished?
Surrogacy allows people who cannot biologically have children to become parents. It is useful when there are male infertility issues, female infertility issues, or both male and female infertility issues. It also allows same-sex couples to have children by using a surrogate partner.
Although surrogacy benefits the intended parents, it is not always a great experience for the surrogate mother and the baby. The legalization of surrogacy in some countries has raised concerns regarding the ethical values of surrogacy.
The first objection is that surrogacy does not follow the “natural reproduction” ways in this practice. The surrogate mothers do not use their own eggs to fertilize a donor sperm from an intended parent. Nevertheless, women ultimately get power over their own bodies and consciously choose to bring joy into many families.