What is Surrogacy: Everything You Need to Know
Surrogacy is a form of Assisted Reproductive Treatment (ART) in which a woman carries a child within the uterus for those couples who are unable to conceive. People choose surrogacy as an option for couples who do not wish to have the pregnancy themselves or when pregnancy is medically impossible. The woman ready for conception on behalf of the couple is called a Surrogate mother.
As surrogacy has grown popular and legal in recent years, UAE has become one of the leading cities for the procedure. But in UAE, surrogacy was only done for married couples who are unable to conceive naturally.
Types of surrogacies:
1. Traditional Surrogacy:
The surrogate utilizes her egg to conceive the kid in a typical surrogacy.
Thus, the surrogate and the kid connect genetically.
One method of assisting with conception is artificial insemination or in vitro fertilization (IVF).
Because the surrogate and the child share genetics, traditional surrogacy can provide particular legal and emotional challenges.
2. Gestational Surrogacy:
The surrogate who participates in gestational surrogacy carries an embryo that does not belong to her genes.
IVF usually creates the embryo from the eggs and sperm of the intending parents or, in certain situations, donations.
Because there is no genetic connection in this kind of surrogacy, there might be a more precise legal separation between the surrogate and the kid.
Nowadays, gestational surrogacy is the most popular and commonly acknowledged type of surrogacy.
Types of surrogacy arrangements:
1. Altruistic surrogacy: Here, the surrogate mother doesn’t receive any financial compensation or money other than the reimbursement for medical and related expenses.
2. Commercial surrogacy: The surrogate mother beyond the related medical expenses. This surrogacy is common in countries where commercial surrogacy is legally allowed.
Reasons for surrogacy:
If a woman is unable to become pregnant or conceive due to hysterectomy.
If her bad health conditions make pregnancy dangerous.
Homosexual couples who wish to become parents.
Her male partner wants to use the frozen embryos she had stored to have a child when she passes away.
A single parent.
Surrogacy cost:
The cost of surrogacy varies from country to country and depends on the location of surrogacy clinics and their reputation. For example, in UAE, it ranges from USD 35,000 to USD 45,000, which includes medical charges, clinic fees, health benefits, other services for surrogate mothers, and legal charges.
Legal aspects of surrogacy:
To protect the rights and obligations of everyone involved—including the intended parents, surrogate, and the child—legal concerns involving surrogacy are vital. Many jurisdictions have quite diverse surrogacy regulations. Therefore, people need to comprehend and abide by local laws where they live fully. The following are important legal factors to think about considering surrogacy:
1. Agreements for Surrogacy:
A comprehensive surrogacy agreement is a legally binding contract that specifies each party's expectations, obligations, and rights.
Typically, the agreement addresses matters like payment, health care costs, the surrogate's obligations during the pregnancy, and the intended parents' rights to the child.
2. Rights of Parents:
In surrogacy, establishing parental rights is a crucial legal factor.
Legal documentation in gestational surrogacy should explicitly state the intended parents' rights to the child; these rights may need court rulings or pre-birth orders to prove paternity.
3. Traditional versus gestational surrogacy:
There may be significant differences in the laws governing conventional and gestational surrogacy.
Legal issues might surface in traditional surrogacy cases if the surrogate is genetically linked to the child, necessitating further measures to prove parental rights.
4. Orders Placed Before Birth:
Purposeful parents can legally establish themselves as the child's parents before birth by obtaining pre-birth orders in several countries.
These instructions facilitate the legal procedure and assist avert any issues that can arise after the birth.
5. after-birth legal actions:
Legal actions taken after the birth may occasionally be required to establish parental rights, particularly in areas where pre-birth orders are illegal.
The intended parents' legal recognition may come through adoption or other legal procedures.
6. Relations and Citizenship:
Citizenship disputes can occur, especially in cases involving foreign surrogates.
More legal actions could be necessary to guarantee that the surrogate kid receives citizenship in the nation of the intending parents.
7. Adoption and Legal Directives:
Certain countries may require prospective parents to request a parental order to obtain legal parental rights.
Adopting a kid might be the legal way for intending parents to prove their rights if surrogacy laws are strict.
8. Birth certificate and proof of legal paternity:
Through established legal procedures, a child’s birth certificate can be changed to name the intended parents as the child’s legal parents.
This period is essential for the child’s identity, citizenship, and productivity.
9. International Money
Discussions about foreign surrogacy have more complex legal contexts.
It is essential to understand and review the legal framework of the intended parent and surrogate state is essential.
10. Closing Agreement:
There should be explicit legal provisions in the surrogacy agreement that allow the intended parents and the surrogate to choose the circumstances under which the pregnancy is postponed.
11. Legal Advisors:
All involved should consult an attorney with expertise in surrogacy and reproductive justice.
Apart from drawing up contracts and assuring compliance with corporate law, lawyers can provide guidance.
Emotional perspectives of surrogacy:
Not only is it a complicated medical and legal process, but it is also an emotional rollercoaster that affects surrogate parents and sometimes intended parents. Understanding these dynamic changes and positively addressing them is essential. Here are the critical emotional effects of surrogacy:
Excitement and anticipation: Prospective parents often enter surrogacy with excitement and optimism, wishing to create their family.
Fear and anxiety: fear of future complications, such as medical issues, legal issues, or psychological stress.
Joy and Gratitude: As the pregnancy progresses, the intended parents may feel great joy and gratitude for the surrogate for helping them fulfill their desire to have children.
Empathy and Compassion: One reason surrogates are ready for surrogacy is that they feel empathetic and compassionate toward those who are eager to experience the pleasure of parenthood.
Clear and open communication: There must be clear and open communication between intended parents and surrogate parents.
Counselling: Counselling can help concerned surrogate parents cope with the emotional challenges associated with surrogacy.
Support from friends and family: Strong support from friends and family members can be very helpful emotionally.
Grief and loss: Concerned parents may experience grief and loss due to infertility or other complications that led to the decision to surrogate.
Conclusion
In short, for couples seeking motherhood, surrogacy is a challenging but satisfying experience. Surrogacy is an excellent decision made with great care, empathy, and legal and moral considerations. To build a compassionate community around this period of change, it is crucial to hear about fertility down to the finer points of replacement. Knowledge and education are essential as we discuss the rapid growth of reproductive technologies and create a more understanding and compassionate tradition for individuals deciding to become surrogates.
MMC IVF:
MMC IVF, one of UAE leading IVF clinics and fertility centers, is the perfect companion for those who dream of becoming parents. MMCIVF works closely with Bourn Hall Fertility Centre to provide state-of-the-art facilities and services with the Assisted Reproduction Technology Program (ART) at par with global standards.
Dr. Srisailesh Vitthala, a Royal College accredited specialist in Reproductive Medicine (Infertility), UK, and consultant Gynaecologist, and his team provide excellent care and support throughout the client’s journey.
If surrogacy is the only option to fulfill your parenthood, we welcome you to MMC IVF. Trust us and hold our hands firmly for a successful parenthood journey.