Surrogacy, is it legal?
Currently, in Spain there is an important debate around gestation or surrogacy.
On the one hand, a sector of the population defends this option as the only possibility of achieving motherhood, for certain people with reproductive problems . But on the other hand, there are those who see surrogacy as a way of exploiting the woman who rents her body to carry the baby. But what is the reason for this debate? Mainly because in Spain and in most of the world , gestation or surrogacy is not legal.
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WHAT IS SURROGACY
You may have doubts about what exactly surrogacy is, although it is very possible that on many occasions you have heard about surrogacy . That is the most literal definition, a woman who has certain characteristics “lends” her body to other people who for physical reasons cannot carry out the pregnancy .
This woman carries other people’s baby in her body, but in her womb it develops and grows until it is ready to be born, a job also carried out by the surrogate mother. However, that baby belongs both medically and legally to other people .
All this is done through assisted reproductive techniques , since in no case does the surrogate mother come into contact with the biological father. It can be done by artificial insemination or through in vitro fertilization (IVF).
There are different types of surrogacy . They differ depending on the economic objective of the woman who contributes her body, in addition to taking into account how the baby is created genetically.
Surrogacy can be, depending on the genetic makeup :
- Traditional : The surrogate mother contributes her body and also the ovum , in the event that the mother does not have the possibility to do so.
- Gestational : In this case, the surrogate mother contributes with her uterus and her body to carry the baby. However, there is no genetic relationship since the baby comes exclusively from parents who, for medical reasons, cannot carry the baby.
Regarding the economic objective , there are two options:
- Profitable surrogacy : The surrogate mother lends her body to carry the baby, in exchange for an economic amount (usually very high)
- Altruistic surrogacy : In this case, the woman who carries the baby does so selflessly . Parents who request surrogacy are responsible for all medical expenses , nothing more
IS SURROGACY LEGAL?
Surrogacy is illegal in most countries, including Spain . Only a few countries regulate this type of pregnancy , so many people around the world have to move outside their country to achieve motherhood / fatherhood through surrogacy.
However, most countries where surrogacy is legal have important exceptions. On the one hand, the type of surrogacy is taken into account, for example, almost no country accepts this option when it comes to the lucrative type . There are also exceptions for people who can request surrogacy. The gay couples or single men, they have more complicated.
The countries in which surrogacy is legal are:
- Canada : It is allowed without exception of sexual condition , but only in the case of altruistic surrogacy
- Russia : Only for heterosexual couples, who demonstrate physical problems that make natural pregnancy impossible by the biological mother. However, this country has strong demands , so few couples choose this country
- Ukraine : Only allowed for married heterosexual couples , who meet the many requirements
- Georgia : Married heterosexual couples, who meet the conditions regulated by law
- Greece : In the case of heterosexual couples or single women . That they comply with the current legislation in that country
- United Kingdom : Although surrogacy is allowed in this country, there are many conditions and requirements to make it possible. On the one hand, lucrative surrogacy is not allowed. In addition to many other requirements that are required by law
- Australia : Surrogacy is allowed in some states , although it is always the case of the altruistic. It is also legal for heterosexual couples, although there are exceptions for homosexuals residing in the permitted states
- United States : The country where the majority of surrogacy takes place. In general, there are no exceptions by family type in states where surrogacy is allowed. They have various conditions and requirements, which vary from state to state.
THE DEBATE ON SURROGACY
One of the main reasons why this practice is not legalized in many countries arises from the moral debate. On the one hand, pregnancy is not without risks and the surrogate mother puts her health and in some cases her life at risk.
Economic exchange commercializes motherhood , on the one hand, the women who carry the babies become mere factories of children. This poses a serious risk to many women and girls around the world. That they can see in surrogacy a way to earn money. And all this turns motherhood into a commercial exchange.
Dr. Tabriella Perivolaris, Sara's mother and fan of fashion, beauty, motherhood, among others, about the female universe. Since 2018 she has been working as a copywriter, always bringing to her articles a little of her experience and experience as a mother and woman.