Surrogacy: things to know

This is a reproductive technique which is prohibited in several European countries. Our aim is to give you accurate and clear information which is based on experience. What is there to know about surrogacy?

What is there to know about surrogacy?

The struggle with fertility, as well as the desire to become parents, can lead us to make difficult choices at times. When talking about this complex procedure, it should always be kept in mind that, terms such as surrogacy, womb for rent (albeit in a negative sense) and gestational surrogacy are used indiscriminately. The intervention of specialists in the field must be considered necessary in the face of the absence of coherent regulation across jurisdictions

Frequently asked questions

This section reflects the most common questions intended parents asked. Should you need any further information, please visit the contact page

What is Surrogacy?

It is a medicolegal course of action whereby a woman (the surrogate mother) carries a child for another person or couple (intended parents) as the result of an agreement, prior to conception, that the child will be handed over to them after the birth. The intended parents may both be the genetic parents, or just one or neither of them may be genetically related to the child.

What is the difference between altruistic and commercial surrogacy?

Each jurisdiction in which surrogacy is legal sets its own rules regarding the compensation due to the gestational carrier. This has given rise to the two distinct surrogacy models.In commercial surrogacy, the surrogate is entitled to receive and claim compensation for the pregnancy and reimbursement for the expenses incurred, while in altruistic surrogacy, the surrogate mother receives only the portion related to the reimbursement of expenses.

What is the difference between artificial insemination in vitro fertilization and surrogacy pregnancy?

Assisted reproduction is a highly specialized and complex area of medicine. It refers to the set of medical techniques and procedures that help those who, due to infertility or sterility problems, cannot procreate naturally. Intrauterine insemination (IUI) and in vitro fertilization (IVF) are the most commonly utilized assisted reproductive technologies that involve directly inserting sperm or embryos into a woman's womb. Surrogate pregnancy refers to the circumstance in which a woman, the gestational surrogate, carries a pregnancy obtained by embryo transfer to term (without having any genetic link to the embryo) for the intended parents

Who can use surrogacy?

Surrogacy is a practice that comes to the aid of anyone who desires a child and cannot become pregnant or carry a pregnancy to term due to infertility, gender identity or marital status. Where possible, the intended parent use their own genetic material. Singles and same-sex couples also need an additional donor (sperm or eggs). If it is the egg that is needed, the woman donating the egg will be different from the surrogate.

Is surrogacy legal in Europe?

Only in some countries. Surrogacy is strictly prohibited in Spain, Italy, France, Germany while it is allowed with certain conditions in countries such as Ukraine, the United Kingdom, Cyprus and Portugal. In fact, the technique is much more restricted in Europe than in countries like the United States where it is a common practice that is characterized by openness to any type of family regardless of marital status, sexual orientation or nationality.

Where is surrogacy legal?

Surrogacy is legal in several European and non-European countries. The country where it is most prevalent is the United States, which is considered the most "surrogacy friendly" destination because of the possibility for all types of families to gain access to this route. While observing different rules, it is also allowed in Mexico, Canada, Ukraine, Georgia, Russia, Greece and Czech Republic where the would-be parents acquire full parental responsibility for the child and are considered its legal parents under state law

Is there any international protocol or treat one can refer to?

There is not one legislative text governing surrogacy globally; in fact, domestic laws apply in each country. If you decide to go this route abroad, you need consider the possible problems you may encounter upon return to your country involving the recognition of parenthood and the citizenship of the child. These are aspects for which we invite you to contact us

Is the European Court of Human Rights Jurisprudence in favor of surrogacy?

Yes. When citizens of countries that outlaw surrogacy travel abroad to have a baby through this procedure, there is no guarantee the child will be recognized as a citizen of the parents' home country, especially when it comes to same sex couples. The refusal of citizenship aims to discourage people from employing a method of having children that some countries find reprehensible. Lawsuits brought by aggrieved parents have reached the European Court of Human Rights (ECtHR), which has held that it is indefensible for a government to use its prohibition on surrogacy as a justification for denying children their human rights.

Countries

Keep in mind that each destination is characterized by domestic law and practice so the cost and future nationality of the child will depend on selected country