International Surrogacy Agreements
All surrogacy agreements (commercial and altruistic) are illegal. The FDP wants to allow altruistic surrogacy. [31] According to the Civil Code, the legal mother is always the woman who gave birth to the child. [32] In response to the controversial Baby Gammy incident in 2014, Thailand has prohibited foreigners traveling to Thailand from entering into a commercial surrogacy contract since July 30, 2015, in accordance with the Law on the Protection of Children Born of Assisted Reproductive Technologies. Only opposite-sex couples residing in Thailand are allowed to have a commercial surrogacy contract. In the past, Thailand was a popular destination for couples looking for surrogate mothers. [80] [81] [82] Nadimpally S, Venkatachalam D. Marketing reproduction: assisted reproductive technologies and commercial surrogacy in India. Indian J Gend Stud Farm. 2016;23(1):87-104. Surrogacy and related legal issues fall within the competence of the State and the legal status of surrogacy varies considerably from State to State.
Some states have written laws, while others have developed common law regimes to deal with surrogacy issues. Some States facilitate surrogacy and surrogacy contracts, others simply refuse to apply them, and some punish commercial surrogacy. Pro-surrogacy states tend to apply commercial and altruistic surrogacy contracts, providing easy ways for intended parents to be recognized as the child`s legal parents. Some states that are relatively supportive of surrogacy offer support only to married heterosexual couples. In general, only surrogacy is taken care of and traditional surrogacy finds little or no legal support. Kirby J. Transnational Surrogacy: Does it have to be exploitation? Bin J Bioeth. 2014;14(5):24–32. In Ireland, there is no law regulating surrogacy. [Citation needed] In 2005, a government-appointed commission issued a comprehensive report on assisted human reproduction, which included many recommendations for the broader field of assisted reproduction. With regard to surrogacy, it recommended that the sponsoring couple be considered the parents of the child under Irish law.
Despite the publication, no legislation has been published and the field remains essentially unregulated. Due to increasing pressure from Irish citizens travelling abroad to have children through surrogacy, the Minister for Justice, Equality and Defence issued guidelines for them on 21 February 2012. [39] In March 2008, japan`s Scientific Council proposed a ban on surrogacy, stating that doctors, agents, and their customers should be penalized for surrogacy trade agreements. Often, U.S. citizens travel abroad for surrogates and fertility treatments because they think it will cost less. This isn`t always true, especially if you consider the legal fees that intended parents may have to pay to account for their child`s immigration status and citizenship in the United States. The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) warns anyone considering an international surrogacy or ART agreement to first consult with a U.S. attorney experienced in these areas and practicing immigration law.
There are several lawyers in the AAAA who focus on this unique area of law. Search our directory for lawyers specializing in “intercountry adoption”. Under the new law, surrogacy will only be allowed in married couples who do not have children together, after doctors confirm that the woman cannot give birth even with technical assistance. The surrogate mother must be a relative of the husband or wife and have already given birth successfully. A woman can only be a surrogate mother once in her life and must obtain her husband`s consent if she is married. The embryo must be created by the sperm and egg of the intended parents. [106] The process must be voluntary and follow the rules of in vitro fertilization. A human and child rights-based approach to ICS issues is gaining ground. A legal approach is important and these rights must be respected.
However, a legal approach is not without its challenges, as rights are in conflict. Future international instruments and practice guidelines have the potential to curb unregulated practices and extreme abuses if countries sign and ratify. However, as with other conventions that affect children, international instruments can also become facilitating tools in these attempts.62 Because of the complexity that can be associated with using ART abroad, U.S. parents considering a surrogacy agreement abroad should first consult an immigration lawyer. The main professions involved in ICS are lawyers and doctors. The oath of the World Medical Association`s Revised Geneva Declaration states that the health and well-being of the patient is the primary concern of not using medical knowledge to violate human rights and mentions privacy, autonomy and dignity.59 The International Bar Association`s Code of Conduct for the Global Legal Profession contains conflicts of interest in the 10 core values.60 The Convention on Human rights are also important considerations.9,61 While these rights, values and principles can be interpreted in many ways, they must be seriously considered in ICS practice when conflicts of interest, in particular, are rarely recognized or addressed. .