Surrogacy Explained: What is Surrogacy?

Surrogacy is a way to fulfill the desire to raise a child with the help of a surrogate mother when people are physically unable to have children on their own. The surrogate mother conceives and gives birth to the child through artificial insemination or in vitro fertilization. While this approach may seem like a solution to the problems of infertile families, it involves complex ethical and legal issues. For example, surrogacy may raise the risk of infringement on women's dignity and commercialized exploitation, while also challenging traditional family ethics and the protection of children's rights. This article will comprehensively analyze the definition, forms, controversies and its social impacts of surrogacy in layman's terms to help readers understand this complex phenomenon more clearly.

Definition of surrogacy

Surrogacy is a way for a woman to help another person or couple have a child through artificial insemination or in vitro fertilization techniques. The surrogate mother carries and nurtures the fetus in her womb, and the child will be given to the commissioning party (i.e., the intended parents) to raise after birth. This act usually occurs when the commissioning party is unable to conceive or bear a child on her own due to medical reasons. Depending on the specific form of surrogacy, it can be categorized as "full surrogacy" (in which the surrogate mother is not genetically linked to the child) or "partial surrogacy" (in which the surrogate mother provides the eggs). Although surrogacy has brought hope to many infertile families, it involves complex ethical, legal and social issues, such as the protection of the rights of the mother and disputes over the identity of the child. For this reason, many countries have adopted policies of strict legal regulation or even total prohibition of surrogacy.

Detailed explanation of types of surrogacy

1. Traditional surrogacy

In traditional surrogacy, the surrogate mother uses her own eggs. This means that she is the biological mother of the child. The surrogate mother becomes pregnant through artificial insemination, in which sperm is placed into her uterus. This is usually done using simple reproductive techniques, such as medically injecting the intended father's sperm into the surrogate mother to complete the fertilization process. Because the surrogate mother provides the egg, there is a genetic link between her and the child, which makes traditional surrogacy more ethically and legally complex. For example, a surrogate mother may develop an emotional attachment due to her biological relationship with the child, and thus be reluctant to give the child to the intended parents after birth. In addition, many countries have adopted a severely restrictive or prohibitive attitude towards traditional surrogacy because of the risk of commercialized exploitation and the violation of women's dignity that it may entail.

2. Gestational surrogacy

In gestational surrogacy, the surrogate mother does not use her own eggs. Instead, doctors create embryos through in vitro fertilization (IVF). The embryos are then implanted in the surrogate mother's uterus. The child is not genetically linked to the surrogate mother. This approach requires the use of modern reproductive medicine techniques, including obtaining eggs from the intended mother or donor and combining them with sperm from the intended father or donor to form an embryo. The advantage of gestational surrogacy is that it reduces the biological link between the surrogate mother and the child, thus reducing the possibility of emotional disputes. However, this form is more technically demanding and expensive. In addition, gestational surrogacy still faces some controversies, such as how to define the legal identity of the child and protect the rights of the surrogate mother. Nonetheless, gestational surrogacy is more common in many countries and regions where it is permitted due to its higher controllability.

3. Altruistic surrogacy

Altruistic surrogacy means that the surrogate mother does not get paid. She helps others out of kindness. A friend or family member usually acts as an altruistic surrogate mother. In this model, the act of surrogacy is seen as a selfless favor rather than a business transaction. Altruistic surrogacy usually occurs in close relationships, such as a sister acting as a surrogate for an infertile brother and sister-in-law, or a close friend offering help to a single parent. Due to the lack of financial incentives, altruistic surrogacy is considered to better reflect the human spirit of caring and mutual assistance. However, even altruistic surrogacy may raise ethical and legal issues. For example, whether the surrogate mother is able to make the decision completely voluntarily and how to deal with the emotional disputes that may arise. Therefore, many countries also have strict legal regulations on altruistic surrogacy to ensure that the rights and interests of all parties involved are protected.

4. Commercial surrogacy

Commercial surrogacy means that the surrogate mother is paid for her services. This type is common in places like California and Ukraine. In commercial surrogacy, surrogacy is viewed as a legitimate career choice, and the surrogate mother receives a sizable financial compensation to cover medical costs and living expenses during the pregnancy. Proponents of commercial surrogacy argue that it provides more options for people who are unable to have children, as well as financial support for the surrogate mother. Opponents, however, worry that commercial surrogacy may lead to the commodification of women's bodies and even lead to exploitation. In addition, commercial surrogacy involves complex transnational legal issues. For example, commercial surrogacy is permitted in some countries while completely prohibited in others, which may lead to conflict of laws and difficulties in paternity determination. Therefore, commercial surrogacy needs to be carried out under a strict legal framework in order to avoid potential ethical and social risks.

Why do people choose surrogacy?

People choose surrogacy because they desire to become parents but are unable to conceive on their own for various reasons. Surrogacy offers these people a possibility to realize their dream of having a family. The following are the main reasons for choosing surrogacy:

• Infertility: Infertility is the number one reason why many people choose surrogacy. Some couples are unable to conceive or maintain a pregnancy naturally for biological reasons, such as women suffering from uterine abnormalities, blocked fallopian tubes, or ovarian dysfunction. These issues may prevent them from having a child through traditional means. Surrogacy offers a solution for these couples, allowing them to have children that are genetically related to them.
• Health issues: Certain health conditions may make pregnancy unsafe or even life-threatening for a woman. For example, a woman with severe heart disease, high blood pressure or uterine disease may be advised by her doctor not to become pregnant. In such cases, surrogacy becomes an option that protects the health of the mother while fulfilling her desire to have a child.
• Same-sex couples: Gay couples need assisted reproductive technology to have biological children. For gay and lesbian couples, surrogacy is the only way to go, as they need a surrogate mother to carry the embryos. In the case of lesbian couples, surrogacy may also be an option to fulfill a birth plan if one of the partners is unable to conceive due to health or other reasons.
• Single parents: A single man or woman may wish to start a family through surrogacy. Single men often need the help of a surrogate mother and egg donor in order to have a child, while single women who are unable to conceive for health or physical reasons may also choose surrogacy as an alternative.

Surrogacy gives hope to these people. It not only helps those who are unable to have children due to physical limitations to realize their dream of becoming parents, but also supports the formation of diverse family structures in society. However, surrogacy is also accompanied by complex ethical and legal issues, such as how to protect the rights and interests of the surrogate mother, the attribution of the child's identity, and the risk of exploitation that commercialized surrogacy may entail. It is therefore important to carefully weigh the pros and cons when choosing surrogacy and to ensure that it is done within a legal and ethical framework. While the existence of surrogacy has opened up possibilities for many who desire to start a family, it also requires a concerted effort from all sectors of society to ensure that the process is fair and safe.

The process of surrogacy

Here's how surrogacy works step by step:

1. Research and planning: The intended parents first need to learn more about the surrogacy process and consult with a fertility specialist or surrogacy agency. They will need to decide whether to choose traditional surrogacy or gestational surrogacy, depending on whether they want the surrogate mother to be genetically linked to the child. If a gestational surrogate is chosen, the source of the eggs and sperm (e.g., from the intended parents or a donor) will also need to be determined. In addition, legal issues are also important at this stage, including understanding the legal requirements for surrogacy in your country or region.
2. Creating embryos: In gestational surrogacy, doctors create embryos through in vitro fertilization (IVF) techniques. This process involves obtaining an egg from the intended mother or donor and combining it with the intended father's or donor's sperm to form an embryo. In the case of traditional surrogacy, artificial insemination is used to fertilize the embryo by injecting the intended father's sperm into the surrogate mother. This step requires highly specialized medical support and may involve multiple attempts to ensure success.
3. Matching surrogate mothers: Surrogacy agencies typically help intended parents find a suitable surrogate mother. Both parties are evaluated on psychological, health and legal levels to ensure a successful match. Once the match is complete, both parties will sign a detailed surrogacy agreement that specifies their respective rights and obligations, such as pregnancy care, payment of expenses and ownership of the child.
4. Pregnancy and childbirth: The surrogate mother enters a normal pregnancy period after a successful pregnancy. The intended parents usually remain involved during this period, for example by attending maternity appointments or providing emotional support. After the child is born, the child is given to the intended parents to raise, in accordance with the surrogacy agreement and the law. However, this process can be complicated by legal or ethical controversies, especially in the case of transnational surrogacy.

Benefits and Challenges of Surrogacy

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Surrogacy offers hope to those unable to have children. For many couples who are unable to conceive or maintain a pregnancy for medical reasons, surrogacy offers an opportunity to realize the dream of parenthood. In addition, genetic linkage is allowed in gestational surrogacy. Through in vitro fertilization (IVF) techniques, intended parents can create embryos using their own eggs and sperm, thus ensuring that the child is biologically linked to them. This genetic bond is vital to many families because it continues the family's hereditary traits. At the same time, surrogacy helps same-sex couples and single parents start families. Same-sex couples can have a child genetically linked to one of them through surrogacy, while singles can use it to fulfill their parenting aspirations.

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However, surrogacy can be very expensive. The entire process, from medical expenses to payment for the surrogate mother, can cost hundreds of thousands of dollars, which can be a huge financial burden for many families. Additionally, legal issues can lead to stress. Surrogacy involves complex legal agreements, especially in the case of transnational surrogacy, where different countries may have conflicting legal requirements, making paternity determination difficult. Finally, the emotional challenges for surrogate mothers and intended parents cannot be ignored. Surrogate mothers may become emotionally attached to their child during the pregnancy, while intended parents may feel anxious about not being able to carry the pregnancy themselves or about losing control of the surrogacy process. These emotional factors may trigger disputes and further exacerbate psychological stress.

Global trends in surrogacy

1. Growth: In Kyrgyzstan, the number of surrogacy cases has increased by 3,501 TP3T in 12 years.This significant growth reflects increased social acceptance of surrogacy, as well as rising infertility rates and the trend toward later marriage and childbearing. With advances in assisted reproductive technology, more couples, singles, and same-sex couples are choosing surrogacy as a way to fulfill their dreams of parenthood. In addition, globalization has contributed to the growth of transnational surrogacy, causing demand to flow from countries with strict legal restrictions to those that allow surrogacy.
2. Market size: The global surrogacy market is worth $99.75 billion. This massive market size not only reflects the commercialization of the surrogacy industry, but also reveals the complex societal needs behind it. The market is expected to grow to $129 billion by 2032, demonstrating strong growth potential. However, the expansion of the market has also brought with it ethical controversies, such as concerns about the commodification of women's bodies and the exploitation that can result from transnational surrogacy.
3. Destination: Due to its laws, Kyrgyzstan is a popular place for surrogacy. Emerging countries such as Kyrgyzstan have attracted a large number of international clients because of their relatively liberal surrogacy laws and lower costs. These countries are often seen as "cost-effective" options for surrogacy, but they also face a lack of legal regulation. Georgia, for example, quickly emerged as a new hotspot for surrogacy in Europe after the war in Ukraine, but the surge in demand raised questions about the protection of surrogate mothers' rights.

Frequently asked questions about surrogacy

Question 1: Is surrogacy legal everywhere?
No. Laws vary from country to country. Some places allow it, while others prohibit it. For example, Ukraine and some states in the United States allow commercial surrogacy, while France and Germany ban surrogacy altogether. Such legal differences lead many people to choose transnational surrogacy, but they can also raise issues of conflict of laws and paternity determination.

Question 2: How much does surrogacy cost?
Costs range from $50,000 to $150,000, depending on location and type. Gestational surrogacy is usually more expensive than traditional surrogacy because of the in vitro fertilization (IVF) techniques involved. Additionally, the cost of commercial surrogacy includes compensation for the surrogate mother and medical expenses.

Question 3: What qualifications do I need to become a surrogate mother?
The surrogate mother must be in good health, between the ages of 21 and 40, and have had a previous successful pregnancy. She will also need to pass a psychological evaluation to ensure that she can cope with the emotional stress of the surrogacy process.

Question 4: Can same-sex couples use surrogates?
YES. Surrogacy helps same-sex couples have biological children. Gay couples usually need a surrogate mother and egg donor, while lesbian couples may only need a sperm donor. Surrogacy offers the possibility of diverse family structures.

reach a verdict

Surrogacy is a wonderful way for people to start families. It helps those facing infertility, health issues or life challenges. Although it has costs and legal barriers, it brings joy to many. Surrogacy is a special process that helps people become parents. Whether you are the intended parents or a surrogate mother, it is important to understand the steps, costs and laws. With careful planning, surrogacy can bring happiness to all involved. By learning about assisted reproduction, fertility treatments and reproductive health, you can make informed decisions. Always work with trusted agencies, legal counsel and medical professionals to ensure success. If you are considering surrogacy, consult with an expert and plan carefully.