Some countries allow commercial surrogacy, with few restrictions. Jurisdictions that permit surrogacy sometimes offer a way for the intended mother, especially if she is also the genetic mother, to be recognized as the legal mother without going through the process of abandonment and adoption. The book deals with such questions as "How do people know their world? In some cases, an insemination may be performed privately by the parties without the intervention of a doctor or physician.
The Chinese Ministry of Health banned gestational surrogacy because of the legal complications of defining true parenthood and possible refusal by surrogates to relinquish a baby. In some jurisdictions, they are void or prohibited, and some jurisdictions distinguish between commercial and altruistic surrogacy. The resulting child is genetically unrelated to the intended parent s. Even jurisdictions that do not prohibit surrogacy may rule that surrogacy contracts commercial, altruistic, or both are void. To what extent is it a woman's human right to make contracts regarding the use of her body? Gestational surrogacy may take a number of forms, but in each form the resulting child is genetically unrelated to the surrogate: Even in jurisdictions that do not recognize surrogacy arrangements, if the genetic parents and the birth mother proceed without any intervention from the government and have no changes of heart along the way, they will likely be able to achieve the effects of surrogacy by having the surrogate mother give birth and then give the child up for private adoption to the intended parents. If donor sperm is used, the resulting child is not genetically related to either intended parent but is genetically related to the surrogate. In some jurisdictions rules applicable to adoptions apply and in others the practice is unregulated. In some cases, an insemination may be performed privately by the parties without the intervention of a doctor or physician. Surrogacy has the potential for various kinds of clash between surrogate mothers and intended parents. There are two main types of surrogacy: As a result, the legal situation varies considerably. The historical legal assumption has been that the woman giving birth to a child is that child's legal mother, and the only way for another woman to be recognized as the mother is through adoption usually requiring the birth mother's formal abandonment of parental rights. Students are encouraged and directed to refer the abstract concepts discussed in the chapter to their own daily experience. Jurisdictions that provide for pre-birth orders are also more likely to provide for some kind of enforcement of surrogacy contracts. The couple sued her for custody Calvert v. In doing so, it legally defined the true mother as the woman who, according to the surrogacy agreement, intends to create and raise a child. However, the court found it in the best interest of the infant to award custody of Melissa to the child's biological father, William Stern, and his wife Elizabeth Stern, rather than to Whitehead, the surrogate mother. If the jurisdiction specifically prohibits surrogacy, however, and authorities find out about the arrangement, there may be financial and legal consequences for the parties involved. Some countries allow commercial surrogacy, with few restrictions. Surrogacy agencies[ edit ] In places where surrogacy is legal, couples may enlist the help of a third party agency to oversee the process of finding a surrogate, entering into a contract with her and recommend fertility centers for insemination, generally via IVF. Should a child born via surrogacy have the right to know the identity of any or all of the people involved in that child's conception and delivery? Many countries do not have laws which specifically deal with surrogacy. Which, if any, of these kinds of contracts should be enforceable? If the contract is either prohibited or void, then there is no recourse if one party to the agreement has a change of heart: The resulting child is genetically related to both intended parents.
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