In some areas, surrogacy is still illegal, which is why you have to plan ahead and be aware of the state or country that is «surrogate-friendly.» With that in mind, these are the following gestational surrogacy laws to look into before you check into agencies and make an agreement.
Get a free consultationBefore anything else, where is surrogacy legal? Not all countries allow it, so take note of these areas on the international map that permits gestational surrogacy:
More surrogacy-friendly countries are Ukraine and certain areas in Asia, while Mexico and Colombia are countries that have surrogate arrangements and laws that make the process easier.
Now that we’ve answered the question, “where is a surrogate mother legal,” the next thing to learn is the surrogate law in those countries, specifically for the mother. This can help a family know where to go for a surrogate without any hassle with the court or judgment.
Furthermore, this can help families prepare for anything the surrogate mother needs, according to the law and agreement via a commercial agency.
Surrogate mothers have rights to the following:
The surrogate law varies by country. For instance, the Australian government may have different rights and regulations compared to the Canadian border.
Ukraine is one of the “best” countries for surrogacy, known as a major international surrogacy destination for its liberal laws and lower prices. They don’t have a new surrogacy law, as surrogacy has been absolutely legal in the country since 2002, with its regulation being favourable and supportive of reproductive rights. But you should know that in Ukraine only heterosexual couples can use surrogacy to become parents.
The same goes for Mexico, which is regulated by state law, where you’ll have to comply with specific requirements and sign contracts to prevent any legal issues.
However, in Colombia, while there is a good legal framework, there may still be loopholes around it. The surrogacy laws today are based on natural childbirth, so the child will have to be registered with the surrogate mother’s surname. It’s important to have a legal contract to challenge a paternity lawsuit in order for the commissioning parents to be recognized as the legal mother and father.
What’s great about Mexico, Columbia is that they are LGBTQ+- friendly, so those within the community can choose surrogacy to start a family! This lessens any worries and ensures that no matter your gender, you have equal chances of being accepted for surrogacy.
With that in mind, regardless of where you plan to have the surrogacy process, you’ll need to have an agency to back you up. This is important to minimize the hassle as you go through paperwork and documents. Furthermore, agencies assist with legal matters, so both parents and the surrogate mother settle a fair agreement for a smooth process, from pre-birth to becoming legal parents.
If you need further help in surrogacy, the World Center of Baby has a simple process to help provide a program most suited for you.
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