Who Is Legal Mother in Surrogacy

We chose the United States because my partner is American and in many states there is a legal framework that protects surrogates, intended parents and the child. A Medicare discount is not available for IVF treatment for surrogacy. Surrogacy refers to a contract in which a woman carries a pregnancy “for” another couple. The number of infertile couples from around the world is approaching India, where commercial surrogacy is legal. While this regulation appears to be beneficial to all parties involved, there are some sensitive issues that need to be addressed through carefully drafted laws to protect the rights of surrogate and intended parents. The bill recognizes surrogacy agreements and their enforceability. (5) Surrogacy arrangements are treated as equivalent under the Indian Contract Act 1872 and other laws applicable to such arrangements. The couple/single parent and surrogate must enter into a surrogacy agreement that covers all matters that would be legally enforceable. Some of the features of the proposed bill are that an authority should be established at the national and state level to register and regulate IVF clinics and assisted reproduction centers, and that a forum should be created to file complaints against clinics and assisted reproduction centers. The surrogate mother`s age should be 21 to 35 years old and she should not have given birth more than 5 times, including her own children. The surrogate mother cannot undergo embryo transfer more than 3 times for the same couple.

If the surrogate mother is a married woman, her spouse`s consent would be required before she could act as a surrogate mother to avoid legal or marital disputes. A surrogate should be screened for sexually transmitted diseases and should not have received a blood transfusion in the past 6 months, as these can have a negative impact on pregnancy outcome. All costs, including surrogacy insurance and other reasonable expenses related to pregnancy and childbirth, should be borne by the intended parents. A surrogacy contract should include life insurance coverage for the surrogate. The surrogate mother may also receive financial compensation from the couple or the individual if she agrees to act as a surrogate. In order to save poor surrogate mothers from exploitation, banks should negotiate directly with the surrogate, and the minimum remuneration of the surrogate mother should be set by law. Surrogacy is legal in Nigeria and surrogacy contracts are enforceable in Nigerian courts. [47] Gestational surrogacy is currently practiced in Nigeria by some IVF clinics. The guidelines are in line with the practice guidelines of the Association of Fertility and Reproductive Health (AFRH) of Nigeria. The ART regulation, currently before the Senate, allows for surrogacy and allows for an incentive for transportation and other costs. [48] Before the first embryo transfer, you and your surrogate must work with your respective lawyers to draft and negotiate a surrogacy contract.

This should describe the finances you provide to your surrogate as compensation, in addition to payments for maternity clothing, allowances, and other circumstances (such as wearing multiples or procedures). * The law makes commercial surrogacy punishable in most cases. A traditional surrogate is the biological mother of the baby. This is because it is his egg that was fertilized by his father`s sperm. Donor sperm can also be used. No. In a state where surrogacy contracts are legally enforceable, your surrogate cannot decide to keep the baby. While the media and literature can perpetuate this dilemma of a surrogate babysitter, it is not a challenge that modern authorities and intended parents have to face, as long as they make sure they work with experienced lawyers and with a surrogate in a state with favorable laws.

Surrogacy is not regulated by law in the Czech Republic and is therefore generally considered legal. [27] The only mention of the term “surrogacy” is found in § 804 of Law n.