What's the difference between surrogacy and adoption? The process and costs are explained in full!
Are you consideringadopt (a child)maybesurrogacy? Both are great ways to start a family, but they are very different. This article will help you understand the steps, costs and emotional factors of both. We will also answer frequently asked questions.
What is adoption and surrogacy?
adopt (a child)
Adoption is a legal act in which a person or a couple becomes the parents of a child through a legal process. Adopted children usually come from situations where the biological parents are unable to provide for them, such as orphans, foundlings or families who are unable to provide for their children due to special difficulties.
- legal protection: In China, the Adoption Law clearly stipulates that adoption must follow the principle of equality and voluntariness and must not be contrary to social morality.
- population (esp. of a group of people): Singles, couples, and even sexual minorities (LGBTQ+) can start families through adoption.
surrogacy
Surrogacy is when a woman (surrogate mother) conceives and gives birth to a child for someone else, and the child is raised by the intended parents after birth. There are two types of surrogacy:
- Traditional surrogacy: The surrogate mother uses her own egg to combine with the intended father's sperm.
- Gestational surrogacy: The surrogate mother serves only as a "carrier" and the embryo is formed by the egg and sperm of the intended parents through in vitro fertilization (IVF).
Current status of the law: Commercial surrogacy is not yet explicitly allowed in China, but in some countries (e.g., Kyrgyzstan) it is legal and strictly regulated.
Key differences between adoption and surrogacy
Legal framework
There are significant differences in the legal frameworks for adoption and surrogacy. Adoption requires the termination of the legal rights of the biological parents, and the intended parents are not granted custody until the legal formalities have been completed. Surrogacy, on the other hand, establishes the rights of the intended parents through a contract, and the child is listed directly on the birth certificate of the intended parents after birth.
Parental rights
In terms of parental rights, the intended parents of an adoption acquire parental rights only after the completion of the legal process, with the birth mother retaining all rights until she gives her consent. Surrogacy, on the other hand, establishes the legal status of the intended parents in advance through an agreement, avoiding the complex process of transferring rights.
cost
Cost is one of the key differences between the two. Below is a comparison of specific data:
| sports event | Domestic adoption | International adoption | surrogacy |
|---|---|---|---|
| Cost range | $20,000 to $45,000 | $25,000 to $60,000 | $55,000 to $200,000 |
process duration
The length of the adoption and surrogacy process varies. Domestic adoption usually takes 1-2 years and international adoption can take 1-3 years depending on national policies. Surrogacy, on the other hand, takes about 1.5-2 years from the search for a surrogate mother to the birth of the child.
Financial considerations
Adoption costs
The cost of adoption varies by type and country, and the following are the main cost components:
| Cost category | Range of amounts (United States dollars) | instructions |
|---|---|---|
| Agency fees | Approx. 4,500-22,000 | Fees paid to the adoption agency for services, including services related to matching the birth mother or child . |
| Legal costs | Approx. 300-800 | Fees for processing legal documents, notarization and registration are set by the State. |
| Family assessment costs | Approx. 150-450 | Assessment work, including background checks and home visits, is covered by government budgets in some areas. |
| Other support costs | About 800-3,000 | Foreign adoptions may involve additional donations, such as the approximately $5,400 charged by the orphanage. |
Surrogacy costs
Surrogacy is expensive and complex, and consists of several major components:
| Cost category | Range of amounts (United States dollars) | instructions |
|---|---|---|
| medical cost | Approx. 20,000 - 55,000 | Includes the cost of in vitro fertilization (IVF), embryo transfer and other medical procedures. |
| Compensation for surrogate mothers | Approx. 30,000 - 90,000 | Payment of subsistence allowance and labor remuneration to surrogate mothers, depending on the region and agreement. |
| Legal costs | Approx. 8,000-15,000 | The cost of drafting and signing a surrogacy contract to ensure the legal rights of intended parents. |
| Insurance and financing | Depends on the specific program | Some companies offer surrogacy-only insurance and financing programs to help share the high costs. |
The above fees are indicative ranges. Actual expenses may vary depending on individual circumstances and regional policies.
Emotional and psychological impact
Impact on prospective parents
adopt (a child)::
The process of adoption can be full of anticipation, but it is also accompanied by uncertainty, especially in international adoptions, where waiting times can be long and outcomes unpredictable. This uncertainty can lead to anxiety or stress for prospective parents. To cope with these mood swings, many adoption agencies recommend that prospective parents receive counseling to help them adjust their mindsets and better adapt to the changing roles ahead. In addition, communication with the birth mother may also trigger complex emotions, requiring professional support to balance the psychological needs of all parties.
surrogacy::
During surrogacy, expectant parents have more control over the pregnancy, such as choosing embryos and participating in labor and delivery tests, which makes them feel more at ease. However, uncontrollable factors during pregnancy (e.g. complications or unforeseen circumstances) can still trigger anxiety. Especially before the birth of the child, expectant parents may worry about whether the emotional connection with the baby is strong enough, but studies have shown that through love and companionship, such worries can usually be defused. Psychological preparation and emotional support are therefore particularly important during the surrogacy process.
Impact on birth/surrogate mothers
Birth mothers in adoption::
Birth mothers may experience sadness, guilt and even a sense of loss after relinquishing their child; such emotional reactions are normal but need to be alleviated by professional psychological support. Many adoption agencies provide birth mothers with counseling and follow-up support to help them through this difficult stage.
surrogate mother::
A surrogate mother is required to undergo a rigorous psychological evaluation before beginning surrogacy to ensure that she is able to withstand the physical and psychological stresses of pregnancy. Although surrogacy is a collaborative act, surrogate mothers may also have emotional ties to the fetus, and therefore need clear boundaries and professional guidance to deal with these complex emotions.
Legal and ethical considerations
Adoption law
Chinese law: According to the Adoption Act, the core principle of adoption is to protect the interests of minors and to ensure that adopted children can grow up in a healthy and stable environment. The law stipulates that adoption requires the consent of the relevant parties with a duty of care and undergoes a rigorous legal process; for example, when a guardian gives up a minor orphan, he or she must obtain the consent of the person with a duty of care. In addition, China has clear requirements for inter-country adoptions, with foreign adopters required to provide documents of examination and consent from the competent authorities of the country in which they reside, and to comply with international agreements such as the Hague Convention, in order to ensure that the adoption process is transparent and ethical.
International adoption:: Intercountry adoption involves the harmonization of multiple national laws and the need to meet the legal requirements of both the child's country of origin and the adopting country. For example, the Hague Convention emphasizes the best interests of the child and provides for transparent adoption procedures to avoid illegal or unethical practices.
Surrogacy legislation
China's current situation: At present, commercial surrogacy is not explicitly permitted in China, and the relevant laws remain in a state of limbo. However, in some countries (e.g., some states in the United States), surrogacy has been legalized and is strictly regulated to ensure that the rights and interests of the intended parents and the surrogate mother are protected. For example, surrogacy contracts are subject to legal scrutiny, clarifying the rights and obligations of both parties.
ethical controversy: Surrogacy has triggered a wide-ranging discussion on the commodification of the female body. To avoid exploitation, many countries require surrogate mothers to receive fair compensation and ensure their voluntary participation through psychological assessments. The legal and ethical challenges in this area are still evolving, and social values need to be balanced while protecting the rights of all parties.
Steps to take when considering adoption or surrogacy
Adoption Process
- research organization: Choosing a reputable adoption agency is the first step to a successful adoption. You can find out about the agency's qualifications and scope of services through online or offline channels, for example, checking whether it has legal qualifications and a good reputation. Also, be clear about the fee structure to avoid hidden charges.
- Completion of family assessment: The home assessment is a key part of the adoption process and usually includes a background check and a home visit. The assessment covers the adopter's financial situation, living environment and psychological readiness to ensure that the adopter is capable of providing stable living conditions for the child.
- Matched to birth mother: Through adoption agencies, adopters can be matched with suitable birth mothers or children. This process requires patience, especially with international adoptions, which can involve language and cultural differences .
- Completion of legal formalities: Signing the legal documents and completing the adoption registration is a crucial step in finalizing parental rights. In China, adoption registration is done at a designated location, such as the Beijing Daxing District Administrative Service Center.
Surrogacy Process
- Select Type: The decision to use traditional surrogacy (using the surrogate mother's eggs) or gestational surrogacy (using the intended parents' or donor's embryos) is based on need. Gestational surrogacy is more common because it ensures a genetic relationship.
- Searching for surrogate mothers: A suitable surrogate mother can be screened through a professional surrogacy agency or found independently. Either way, it is necessary to ensure that the surrogate mother undergoes a rigorous psychological and physical assessment.
- conclude: Draft a surrogacy agreement with the assistance of an attorney to clarify the rights and obligations of both parties, including medical expenses, compensation amounts, and legal protections to avoid potential disputes.
- Commencement of medical procedures: Embryos are created through in vitro fertilization (IVF) techniques and implanted into the surrogate mother. This step requires the support of a specialized medical team to ensure success.
- Support for surrogate mothers: Throughout the pregnancy, expectant parents should remain in communication with the surrogate mother, providing emotional support and the necessary help to ensure a smooth pregnancy.
Frequently asked questions about adoption and surrogacy
What is the average cost?
- adopt (a child): Domestic adoptions typically cost between $20,000 and $45,000, while international adoptions cost more, around $25,000 to $60,000 . These costs include agency service fees, legal fees, and possible donation fees. For example, the average cost of adopting a child from mainland China is $15,930, which is in the lower middle range.
- surrogacy: Surrogacy is significantly more expensive than adoption, costing as much as $100,000 to $200,000 on average at a time. Of this, surrogate mothers are compensated $20,000 to $30,000, egg providers receive $5,000 to $10,000, and medical and agency fees account for a larger percentage.
How long does each process take?
- adopt (a child): Domestic adoptions usually take 1-2 years to complete, including matching birth parents, family assessments and legal procedures. International adoptions take longer and can take 1-3 years depending on the policies and procedures of the target country.
- surrogacy: The entire process from the search for a surrogate mother to the birth of the child takes approximately 1.5-2 years. This includes time for contracting, in vitro fertilization (IVF), and gestational support.
Can a single person or same-sex couple adopt or use a surrogate?
- adopt (a child): In China, singles and same-sex couples can also apply for adoption, but may face stricter scrutiny and restrictions. In some countries, the adoption rights of singles or same-sex couples are more protected.
- surrogacy: Some countries allow same-sex couples to have children through surrogacy, but in China, surrogacy has not been legalized and remains in a gray area.
What are the risks?
- adopt (a child): There is uncertainty during the waiting period, especially as international adoptions may be delayed due to policy changes. In addition, there may be cases of birth parents' remorse or legal disputes.
- surrogacy: There are medical risks during pregnancy, such as miscarriage or complications. At the same time, due to the limited legal validity of surrogacy contracts and the possibility of disputes, it is necessary to be careful in choosing a legal organization.
reach a verdict
Adoption and surrogacy are both wonderful ways to start a family. Each has its own unique benefits and challenges. By understanding these differences, you can make an informed choice based on your needs and circumstances. Whichever way you choose, it is important to provide a loving and supportive family environment for your child.
