COUNTRIES WHERE LAWS BETWEEN THE SURROGATE AND PARENTS DIFFER
An egg donor is similar to an organ donor, lending his body to others so they can achieve betterment in their lives. In gestational surrogacy, the sperm and the egg come from third parties and the embryo is then implanted into the surrogate. In regard to certain legalities, some countries allow NON-PROFIT or subrogation by relatives where the mother has no genetic link to the baby. This, together with the development conditions of the country are the main differences in the legal regulation.
In Spain there is a contractual relationship between a pregnant woman and prospective parents. According to Spanish legislation, Spain acknowledges a mother to be one who gives birth to the child regardless of their genetic relationship with it. If you’re considering this method to achieve parenthood and you have already read the legislation of Spain, ensure you know the law in the various countries also where the child may be prospectively born. According to existing legislation, Spain does not constitute it a criminal or administrative offence if a Spanish citizen uses gestational subrogation in another country.
There are several options for the latter:
UNITED STATES OF AMERICA
A court case in 1993 proved to be a landmark case in surrogacy regulation in the United States. It was here in the State of California where a custody case was ruled upon by the State Supreme Court which helped more clearly define the definition of motherhood. The State Supreme Court issued a ruling which gives the parents and not to the surrogate mother parental rights to the child. To continue by this method a legal contract must be prepared accounting for for any accidents at the beginning of the process. The drafted contract will be ruled on in a court of law during which the Court proclaims a judgment granting paternal and maternal rights of the fetus to intended parents.
The pregnant woman has no rights to the child and the parents cannot waive the parental rights obtained upon implantation of the embryo in the uterus.
Surrogacy is illegal in some U.S. states and is regulated differently in the states that allow it. Illinois and California are the states with more favorable rules. The advantage of California is that the parental rights are granted before birth as opposed to Illinois where the parental rights are granted after child delivery. The laws and regulations in other states are highly variable where some states have restrictions and limits to those with no judicial control over the process.
UNITED KINGDOM
It is a technique permitted where the surrogate may be related with the intended parents but there cannot be any compensation to the surrogate.
BRAZIL
Allowed between relatives up to second degree of consanguinity.
THAILAN
The process is allowed but there are no legal guarantees or regulations existing.
MEXICO
Allowed in two states but it is illegal to provide compensations of any kind to the surrogate.
INDIA
Since 2013, surrogacy is only permitted for foreign citizens where surrogacy is legal in their home countries.