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Legislation of different countries on surrogaсy

Legislation of different countries on surrogaсyThe desire to experience the joy of parentage lies in the deepest human nature. Sometimes health problems and certain social factors prevent the realization of this completely natural desire. Reproductive technologies can help in such situations, in particular – surrogacy. However, legislation prohibits this procedure in some countries.

Diametrically opposite attitude to surrogacy

Representatives of different countries of the world completely disagree on surrogacy. Disputes are caused by the very possibility of using a woman as a “vessel” for the development of a human being not related to her biologically. Not all countries are ready to grant the right to surrogate motherhood to single people and same-sex couples. In a number of countries, the possibility of surrogacy for reward is denied.

In the world today the following set of legal regulation of surrogacy procedures are in place:

  1. A complete prohibition

(Germany, France, Norway, Austria, Norway, Sweden, some US states: Michigan, Arizona, New Jersey). In Germany and Austria the laws punish doctors and intermediaries who provide services in this area.

  1. Essential restrictions

(Australia, Great Britain, Denmark, Spain, Canada, Israel, the Netherlands, some US states: New Hampshire, Virginia). In the United Kingdom and Australia surrogacy is not permitted on a commercial basis, only compensation for current expenses is allowed.

  1. No prohibitions

(Russia, Ukraine, Georgia, Belarus, Kazakhstan, South Africa, most US states). The legislation does not restrict the surrogacy fee. Both citizens of these countries and foreigners can use the services of surrogate mothers.

  1. Absence of legal norms in this sphere

(Finland, Belgium, Greece, Spain, Ireland, Japan, a number of Latin American countries). In fact, surrogacy is practiced in these countries. But the lack of legislative regulation increases the risks. In the case of controversial situations it is extremely difficult to resolve the issue in court.

  1. Prohibition for foreigners

(India, Nepal, Thailand). Until recently, there was a boom in medical tourism to these countries due to the availability of surrogacy. However, now the law allows only its own citizens to undergo these procedures in the presence of medical evidence.

Legal settlement of some other aspects

NewBorn family implements surrogacy programs in countries where this procedure is allowed at the legislative level and where a number of additional opportunities are provided to biological parents. For example, in the United States same-sex couples and single people of either sex are allowed to participate in the programs. In Russia single mothers can use the services of a surrogate mother.

To minimize the risks associated with genetic diseases, an embryo preimplantation genetic diagnosis (PGD test) is of great importance. This examination also allows you to determine the sex of the unborn child. However, in a number of countries the test is now prohibited by law. Experts at NewBorn Company recommend clients think about the importance of this test for them. In Ukraine and the United States it is legally permitted.

Sometimes surrogacy programs have to use the procedure of the donation of ovum (oocytes). The standard procedure for obtaining oocytes is associated with ovarian hyperstimulation. However, in some countries this medical method is prohibited. Only one ovum can be removed without hormonal stimulation, which significantly reduces the chances of successful fertilization on the first try.

Members of the large NewBorn team are trying to help clients as much as possible to realize their natural desire for parenthood. We have established cooperation with the best reproductive clinics in Russia, Ukraine, Georgia, Belarus and the USA, where surrogacy is practiced on a quite legitimate basis. To ensure the optimal success of the programs, all medical and legal aspects are strictly controlled by Israeli specialists.

Link to legislation of Russia on surrogacy

Link to legislation of Ukraine on surrogacy

Link to legislation of Belarus on surrogacy

Link to legislation of Georgia on surrogacy