Surrogacy

Intended parents attend the birth of their child by a gestational surrogate.

Surrogacy is an arrangement whereby a woman gets pregnant and gives birth on behalf of another person or couple who will become the child's legal parents after birth. People pursue surrogacy for a variety of reasons such as infertility, dangers or undesirable factors of pregnancy, or when pregnancy is a medical impossibility. Surrogacy is highly controversial and only legal in twelve countries.[1]

A surrogacy relationship or legal agreement contains the person who carries the pregnancy and gives birth and the person or persons who take custody of the child after birth. The person giving birth is called the birth mother or gestational carrier or surrogate mother or surrogate. Those taking custody are called the commissioning or intended parents.[2] The biological mother may be the surrogate or the intended parent or neither. Surrogate mothers are usually introduced to intended parents through third-party agencies, or other matching channels. They are usually required to participate in processes of insemination (no matter traditional or IVF), pregnancy, delivery, and newborn feeding early after birth.

In surrogacy arrangements, monetary compensation may or may not be involved. Receiving money for the arrangement is known as commercial surrogacy.[3] [4] The legality and cost of surrogacy varies widely between jurisdictions, contributing to fertility tourism, and sometimes resulting in problematic international or interstate surrogacy arrangements. For example, those living in a country where surrogacy is banned travel to a jurisdiction that permits it. In some countries, surrogacy is legal if there is no financial gain.

Where commercial surrogacy is legal, third-party agencies may assist by finding a surrogate and arranging a surrogacy contract with her. These agencies often obtain medical tests to ensure healthy gestation and delivery. They also usually facilitate legal matters concerning the intended parents and the surrogate.

  1. ^ "surrogate pregnancy". www.gestlifesurrogacy.com. February 2, 2011. Retrieved May 7, 2025.
  2. ^ "surrogate pregnancy". www.cancer.gov. February 2, 2011. Retrieved April 10, 2024.
  3. ^ Piersanti, Valeria; Consalvo, Francesca; Signore, Fabrizio; Del Rio, Alessandro; Zaami, Simona (January 2021). "Surrogacy and "Procreative Tourism". What Does the Future Hold from the Ethical and Legal Perspectives?". Medicina. 57 (1): 47. doi:10.3390/medicina57010047. ISSN 1648-9144. PMC 7827900. PMID 33429930.
  4. ^ Brandão, Pedro; Garrido, Nicolás (December 29, 2022). "Commercial Surrogacy: An Overview". Rev Bras Ginecol Obstet. 44(12) (1141–1158): 1141–1158. doi:10.1055/s-0042-1759774. PMC 9800153. PMID 36580941.

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