Traditional Surrogacy vs. Gestational Surrogacy: Differences in International Laws

Traditional Surrogacy vs. Gestational Surrogacy: Differences in International Laws

Surrogacy is a process in which a woman carries a pregnancy and delivers a baby for another individual or couple. It is a method of assisted reproduction that has gained popularity in recent years for couples who are unable to conceive on their own. There are two types of surrogacy – traditional surrogacy and gestational surrogacy. While both involve a surrogate mother carrying a baby for someone else, there are significant differences between the two, especially when it comes to international laws.

Traditional Surrogacy:

Traditional surrogacy, also known as genetic surrogacy, is a type of surrogacy where the surrogate mother is the genetic mother of the child. In this process, the surrogate’s own egg is fertilized with the intended father’s sperm through artificial insemination. This means that the surrogate mother is not only carrying the pregnancy but is also the biological mother of the child.

One of the most significant differences between traditional surrogacy and gestational surrogacy is the legal status of the surrogate mother. In traditional surrogacy, the surrogate mother has a genetic link to the child, which makes it challenging to determine the legal rights and responsibilities of both parties. This has led to many legal issues and controversies surrounding traditional surrogacy, particularly in international surrogacy arrangements.

International Laws on Traditional Surrogacy:

The laws surrounding traditional surrogacy vary from country to country. Some countries, such as the UK and Canada, have completely banned traditional surrogacy, while others, such as the US and Ukraine, have more relaxed regulations. In countries where traditional surrogacy is allowed, there are often strict guidelines and regulations in place to protect both the surrogate mother and the intended parents.

One of the main concerns with traditional surrogacy is the exploitation of the surrogate mother. Traditional surrogacy has been associated with cases of women being forced or coerced into surrogacy, and their rights and well-being being ignored. This has led to the implementation of stricter laws and regulations in many countries to protect the rights of surrogate mothers.

Traditional Surrogacy vs. Gestational Surrogacy: Differences in International Laws

Another issue with traditional surrogacy is citizenship and nationality. Since the surrogate mother is the genetic mother of the child, there can be complications in determining the child’s citizenship and nationality. This can be especially problematic in international surrogacy arrangements, where the surrogate mother and the intended parents may be from different countries.

Gestational Surrogacy:

Gestational surrogacy, also known as full surrogacy, is a type of surrogacy where the surrogate mother is not biologically related to the child she carries. In this process, the embryo is created through in vitro fertilization (IVF), with the intended parents’ egg and sperm or with a donor’s gametes. The embryo is then transferred to the surrogate mother’s uterus, and she carries the pregnancy to term.

The main difference between traditional surrogacy and gestational surrogacy is that in gestational surrogacy, the surrogate mother has no genetic link to the child. This eliminates many of the legal and ethical concerns associated with traditional surrogacy, making it a more popular choice for international surrogacy arrangements.

International Laws on Gestational Surrogacy:

The laws surrounding gestational surrogacy are generally more favorable than traditional surrogacy. Many countries that have strict regulations on traditional surrogacy allow gestational surrogacy arrangements to take place. However, there are still some countries that have banned all forms of surrogacy, including gestational surrogacy.

In countries where gestational surrogacy is allowed, there are often regulations in place to protect the rights of all parties involved. These regulations include requirements for medical and psychological screening of the surrogate mother, contracts outlining the rights and responsibilities of all parties, and legal procedures for the transfer of parental rights to the intended parents.

Summary:

Surrogacy is a complex and controversial topic, and the laws surrounding it vary greatly from country to country. Traditional surrogacy, where the surrogate mother is the genetic mother of the child, is often met with more legal and ethical concerns than gestational surrogacy, where the surrogate has no genetic link to the child. In international surrogacy arrangements, these differences in laws and regulations can have a significant impact on the process and the rights of all parties involved.