Monday, June 5, 2023

In which countries is surrogacy legal?

Hello screen! Ana Obregón, a 68-year-old surrogate mother in Miami, became a surrogate this Wednesday in Spain.

In our country, surrogate pregnancy is illegal and, in fact, in the modification of the abortion law, which came into force at the beginning of March, it appears among the types of violence in the field of sexual and reproductive health of women. .

In addition, the Spanish Bioethics Committee decided in a report that “the child’s desire cannot be fulfilled at the expense of the rights of other people and that any contract of surrogacy, whether altruistic or profitable,” involves exploitation. to the woman and to the detriment of the interests of the minor”.

This type of assisted reproduction, in which a woman signs a contract to become pregnant and give birth to one or another couple who will become the parents of the children, is controversial because of the economic, moral and social conflicts involved. Basically, because it affects the less favorable and helpless population, which is forced to be the most economically privileged vehicle for parenthood.

Those who wish to have children by this means and cannot do so in their own country to others, where it is lawful, and in whom generally in the same hospitals, the children are their parents, and not from a surrogate mother. They usually contract the services of media organizations.

United States, one of the main destinations

One of the main destinations is the United States, where surrogacy is allowed in some states and prohibited or limited in others (in some cases it is even considered criminal). Among the states where it is allowed for straight, gay or single couples are Florida, California, Arkansas, Delaware, New Hampshire, Nevada and Illinois.

However, in the United States the process can be expensive (starting around 120,000 dollars according to the company Gestlife), which is why many fathers and mothers migrate to other countries, sometimes with fewer legal and health guarantees, but cheaper, such as in Mexico (where in the states of Tabasco and Sinaloa is legal), Ukraine indeed until the beginning of the war, Georgia or Vietnam.

In the United States, the process can cost about 120,000 Euros

Canada is one of the largest destinations for surrogacy access, but its legislation does not allow the payment of a “surrogate mother”, which makes it difficult for women to want to be surrogates. The parents must pay the costs derived from the pregnancy.

Other countries, such as Russia, India, Thailand and Nepal, were among the main options for several years, but they prohibited this practice, limiting it or interdicting the access of foreigners, which led to other receipts.

In Russia, for example, the Duma in December 2022 approved a law that prohibits the entry of foreigners. According to Russian diplomats, in recent years approximately 45,000 births in Russia have been reported as “surrogate wombs”.

South Africa is another country that limits its national surrogate.

There are also others that admit foreigners, but only for heterosexual couples, such as Ukraine, Georgia, Kazakhstan or Belarus.

This is the case in Europe

In Europe, surrogate motherhood is permitted in countries such as Britain, where at least one of the two members of the couple must reside there, and which prohibits ordering a surrogate mother, who can also decide after the birth to keep the child; Greece, where it is limited to heterosexual couples and women under 50; and Portugal, whose law, effective from 2022, includes a period of up to 20 days after childbirth, in which a pregnant woman can repent and not deliver the baby.

In Portugal, the law includes a period of up to 20 days after childbirth in which a pregnant woman can repent and not deliver the baby

Cuban adventure

Cuba, for its part, approved in a referendum on September 25, 2022, the Family Code, a legislative package that includes the so-called “partial solidarity”, admitted for altruistic reasons and not under negotiation, which implies an economic advantage; which only takes place between people who are united by family or emotional union.

Other things in Asia

Surrogacy in Asia, a continent with acute economic and demographic tensions, is prohibited in China, so that only altruistic practice is allowed in India, until the dark matter in Cambodia has been minimized.

In China, surrogacy has been banned, as has one woman’s access to assisted reproductive technologies since 2003, aimed only at couples with fertility problems. The Chinese have become one of the main applicants for proxies in neighboring countries such as Cambodia.

Cambodia took over from Thailand as the epicenter of commercial surrogacy in that country, which was banned in 2015.

After a few years of exploding cases and receiving criticism from child protection agencies, Cambodia banned it by decree and, as an example, in 2018 the authorities arrested dozens of women who were pregnant for a third party for child trafficking, and then forced them. children do not do this in the pain of ending up in prison.

It is expected, however, that the practice, due to which pregnant women, from a generally low origin, receive financial payment, under the cost of the process in countries such as the US, continues to be carried out in the shadows and protected. high corruption and poverty in a semi-autocratic country.

India, one of the most popular destinations for couples seeking surrogacy due to its low cost, quality of medicine and flexibility of legal requirements, was banned in 2019.

Since then, the legislation only allows altruistic surrogacy for infertile Indian couples who do not have children, where the father is not more than 55 years old and the woman is not more than 50, who must cover only the basic medical costs of the procedure. .

In India, the law only allows altruistic surrogacy for infertile Indian couples who do not have children.

A similar situation with Australia Australia, which also only allows altruistic surrogacy, although in nuances according to its state: some allow access to any citizen, regardless of sexual orientation or marital status, others only accept to take refuge in that heterosexual. couples or single women.

In the oceanic region, moreover, the pregnant woman has the right to release the child after giving birth, in which case the protection depends on the judicial decision.

Nation World News Desk
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