In a traditional surrogacy the child may be conceived via home artificial insemination using fresh or frozen sperm or impregnated via IUI (intrauterine insemination), or ICI (intracervical insemination) performed at a health clinic.
The social parents (that is, those that intend to raise the child) may arrange a surrogate pregnancy because of homosexuality, female infertility, or other medical issues which may make the pregnancy or delivery impossible, risky or otherwise undesirable. The social mother could also be fertile and healthy, and prefer the convenience of someone else undergoing pregnancy, labor, and delivery for her. The intended parent could also be a single man or woman wishing to have his/her own biological child. In Nebraska, involuntarily childless couples are encouraged to adopt instead of looking for a surrogate. However, this idea is not always a practical one—adoption is a long, expensive process. Adoptions typically require the individuals to be married, of a certain age, and sometimes married a certain number of years before they are even considered for adoption. Some agencies may prohibit adoptions based on disabilities and sexual orientations, and also may require one of the new adoptive parents to stay home with the adopted child for a certain amount of time following the adoption.
It is encouraged for the woman wanting to be a surrogate mother to be financially stable. This would prevent woman wanting to become surrogates due to financial need and also would minimize possible exploitation. However, it is historically unlikely that prospective parents would hastily choose a possible surrogate who was not financially reliable. The legality of surrogacy arrangements vary widely between jurisdictions.
In the United States, the issue of surrogacy was widely publicized in the case of Baby M, in which the surrogate and biological mother of Melissa Stern ("Baby M"), born in 1986, refused to cede custody of Melissa to the couple with whom she had made the surrogacy agreement. The courts of New Jersey found that Mary Beth Whitehead was the child's legal mother and declared contracts for surrogate motherhood illegal and invalid. However, the court found it in the best interests of the infant to award custody of Melissa to her biological father William Stern and his wife Elizabeth Stern, rather than to the surrogate mother Mary Beth Whitehead.
There have been cases of clashes between surrogate mothers and the genetic parents; when unexpected complications with the fetus makes the genetic parents ask for an abortion even though the surrogate mother is opposing the abortion.
In 2006, Australian senator Stephen Conroy and his wife Paula Benson announced that they had arranged for a child to be born through egg donation and gestational surrogacy. Unusually, Conroy was put on the birth certificate as the father of the child. Previously, couples who used to make surrogacy arrangements in Australia had to adopt the child after it was registered as born to the natural mother; rather than being recognized as birth parents, however now that surrogacy is more regular practice for childless parents; most states have switched to such arrangements to give the intended parents proper rights. After the announcement, Victoria changed their legislation since 1 January 2010, under the Assisted Reproductive Treatment Act 2008 to make altruistic surrogacy within the state legal, however commercial surrogacy is illegal
Since 1 June 2010 in Queensland, altruistic surrogacy is legal under the Surrogacy Act 2010 No 2. Yet, the commercial surrogacy is still illegal under the legislation.
Similarly, in both New South Wales and the Australian Capital Territory, altruistic surrogacy is legal under the Surrogacy Act 2010 No 102 and the Parentage Act 2004, respectively.
In Western Australia (under the Surrogacy Act 2008) and South Australia (under the Family Relationships Act 1975) altruistic surrogacy is only legal for couples consisting of the opposite sex (single people and same sex couples are banned from altruistic surrogacy). In 2011, Tasmania lawmakers after a review of the laws and a community consultation process introduced the Surrogacy Bill 2011 and the Surrogacy (Consequential Amendments) Bill 2011 to the lower house and passed the lower house by a vote of 22-3. Now it is yet to pass the conservative upper house of 15 members (12 of them being independent members, 2 Labor and 1 Liberal).
In October 2010, Peter Lee, the eldest son and one of the presumed heirs of billionnaire Lee Shau Kee obtained three sons through a surrogate mother, reportedly from California. Since the junior Lee is single, the news attracted criticism on both moral and legal grounds. A vicar general of the territory's Roman Catholic diocese was critical. In December the case was reportedly referred to police after questions were asked in Legco.
Commercial surrogacy is legal in India, as recognized by the Supreme Court of India in 2002. India is emerging as a leader in international surrogacy and a destination in surrogacy-related fertility tourism. Indian surrogates have been increasingly popular with fertile couples in industrialized nations because of the relatively low cost. Indian clinics are at the same time becoming more competitive, not just in the pricing, but in the hiring and retention of Indian females as surrogates. Clinics charge patients between $10,000 and $28,000 for the complete package, including fertilization, the surrogate's fee, and delivery of the baby at a hospital. Including the costs of flight tickets, medical procedures and hotels, it comes to roughly a third of the price compared with going through the procedure in the UK. The Honorable Supreme Court of India has given the verdict that the citizenship of the child born through this process will have the citizenship of its surrogate mother.
The first surrogacy program in Russia was successfully implemented in 1995 at the IVF centre of the Obstetrics and Gynecology Institute in St. Petersburg . The public opinion is surrogacy-friendly, recent cases of a famous singer and a well-known business-woman, who openly used services of gestational surrogates received very positive news coverage.
A few Russian women such as [Ekaterina Zakharova], [Natalija Klimova], [Lamara Kelesheva] became grandmothers through postmortem gestational surrogacy programs, their surrogate grandsons being conceived posthumously after the death of their sons.
Registration of children born through surrogacy is regulated by the Family Code of Russia (art. 51-52) and the Law on Acts on Civil Status (art. 16). A surrogate’s consent is needed for that. Apart from that consent, no adoption nor court decision is required. The surrogate’s name is never listed on the birth certificate. There is no requirement for the child to be genetically related to at least one of the commissioning parents.
Children born to heterosexual couples who are not officially married or single intended parents through gestational surrogacy are registered in accordance to analogy of jus (art. 5 of the Family Code). A court decision might be needed for that. On August 5, 2009 a St. Petersburg court definitely resolved a dispute whether single women could apply for surrogacy and obliged the State Registration Authority to register a 35 year old single intended mother Nataliya Gorskaya as the mother of her “surrogate” son .
On 4 August 2010, a Moscow court ruled that a single man who applied for gestational surrogacy (using donor eggs) could be registered as the only parent of his son, becoming the first man in Russia to defend his right to become a father through a court procedure . The surrogate mother’s name was not listed on the birth certificate, the father was listed as the only parent. After that a few more identical decisions concerning single men who became fathers through surrogacy were adopted by different courts in Russia listing men as the only parents of their “surrogate” children and confirming that prospective single parents, regardless of their sex or sexual orientation, can exercise their right to parenthood through surrogacy in Russia.
Liberal legislation makes Russia attractive for “reproductive tourists” looking for techniques not available in their countries. Intended parents come there for oocyte donation, because of advanced age or marital status (single women and single men) and when surrogacy is considered. Foreigners have the same rights as for assisted reproduction as Russian citizens. Within 3 days after the birth the commissioning parents obtain a Russian birth certificate with both their names on it. Genetic relation to the child (in case of donation) just doesn’t matter .
It is illegal for Swedish fertility clinics to make surrogate arrangements.
In Ukraine the start of introduction of methods of supporting reproductive medicine was given in eighties of the preceding century. It was Kharkov where the extracorporeal fertilization method was for the first time successfully applied in Ukraine, and in 1991 a girl named Katy was born. Kharkiv was also the first city in CIS countries to realize surrogacy. Many clinics dealing with surrogacy have been opened in Kiev and Lviv.
Ukrainian surrogacy laws are very favorable and fully support the individual's reproductive rights. Surrogacy is officially regulated by Clause 123 of the Family Code of Ukraine and Order 771 of the Health Ministry of Ukraine. You can choose between Gestational Surrogacy, Egg/sperm Donation, special Embryo adoption programs and their combinations. No specific permission from any regulatory body is required for that. A written informed consent of all parties (intended parents and surrogate) participating in the surrogacy program is mandatory.
Ukrainian legislation allows intended parents to carry on a surrogacy program and their names will be on Birth certificate of the child born as a result of the surrogacy program from the very beginning. The child is considered to be legally "belonging" to the prospective parents from the very moment of conception. The surrogate can't keep the child after the birth. Even if a donation program took place and there is no biological relation between the child and intended parents, their names will be on Birth certificate (Clause 3 of article 123 of the Family Code of Ukraine).
Embryo research is also allowed, gamete and embryo donation permitted on a commercial level. Single women can be treated by known or anonymous donor insemination. Gestational surrogacy is an option for officially married couples and single women. There is no such concept as gay/lesbian marriage in Ukraine, meanwhile such patients can be treated as single women/men.
Attorney Noel Keane and Warren Ringold of Dearborn, Michigan advocated for the passage of laws that protected the idea of surrogate motherhood. Bill Handel, who is a partner in a Los Angeles Surrogacy firm, also attempted to have such laws passed in California, but his attempts were struck down in the State Congress. Presently, the idea of surrogate motherhood has gained some societal acceptance and laws protecting the contractual arrangements exist in eight states.
Even when the surrogate cases are successful in providing couples with children, there is the possibility of problems in the existing marriage surfacing. The thought of one of the partners in the relationship being unable to have children may lead to the need for counseling and medical support from a doctor or clinician.
Category:Obstetrics Category:Family Category:Pregnancy Category:Reproduction
de:Leihmutter et:Surrogaatema el:Παρένθετη μητέρα es:Madre de alquiler fr:Gestation pour autrui it:surrogazione di maternità he:פונדקאות nl:Draagmoeder ja:代理母出産 pl:Matka zastępcza pt:Maternidade de substituição ru:Суррогатное материнство sv:Värdmödraskap zh:代孕This text is licensed under the Creative Commons CC-BY-SA License. This text was originally published on Wikipedia and was developed by the Wikipedia community.
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