Though gestational surrogates are still used in just 1 percent of assisted reproductive technology procedures, the number of live births by surrogate mothers has increased steadily since the first baby was born to a woman from an implanted embryo in 1985 ( PDF ). There are no statistics for how many women have signed up to be surrogates or how many families attempt pregnancy with a gestational carrier, but figures from the CDC and the Society for Assisted Reproductive Technology (SART) show 1,939 babies were born to surrogate mothers in 2013, a 160 percent increase since the government began collecting data in 2004.
The most pressing concern is the growing and ever-expanding transnational market for commercial gestational surrogacy that uses surrogate mothers from low-income countries where disparities due to gender, class, race, and ethnic hierarchies are prominent and have become an economic motivating factor in the growth of reproductive tourism 63 In the case of domestic surrogacy, the intended parents’ income is often three times that of the surrogate women creating potential ethical issues and power imbalances in the ability to negotiate a surrogacy contract or dispute in relation to the surrogacy arrangement 63.
The parties must sign a contract that establishes the child’s parentage and the intended parents must warrant they will pay medical and related pregnancy expenses; additionally, they will be the parents listed on the birth certificate 35 This resolution is a temporary solution, however, and Brazil is waiting for a legal framework to be enacted by Congress that permanently regulates surrogate motherhood (Case Study #2).
Surrogacy is an arrangement through which a surrogate mother bears and delivers a child for another couple or person 5 A traditional/genetic surrogacy is when a surrogate is artificially impregnated with sperm, usually from the intended parent, but may also be donor sperm, with the intention of that sperm fertilizing her (the surrogates) egg, thereby making her both the genetic and gestational mother 5 In gestational surrogacy, embryos that are not genetically related to the surrogate are implanted into the uterus of the surrogate, who will then carry the gestation to term, the intended parent(s) being the individual(s) with ownership of the aforementioned embryos.
In contrast, under a gestational surrogacy contract, the surrogate must agree to relinquish her rights to the child upon birth, the intended mother must show that she cannot safely maintain a pregnancy or deliver a child, and at least one of the intended parents must be genetically related to the child.
Court ruled the Massachusetts Probate and Family Court had jurisdiction to issue a pre-birth order even though the gestational surrogate mother and her husband as well as the intended parents whose egg and sperm were used to create the pregnancy lived in other states.
A surrogate mother is a woman who carries and delivers a baby on behalf of a couple That makes surrogacy a multifaceted arrangement with a number of medical and legal implications , both for the surrogate mother and the parents.
For women who had a reproductive cancer that required hysterectomy, or for women who were exposed to radiation or chemotherapy that impaired their ability to carry a pregnancy to term, gestational surrogacy may be an option for starting a family after cancer.275-277 If a patient is able to bank either oocytes or embryos prior to their cancer treatment, the surrogate could carry the patient’s genetically related baby to term (Table 33.4 and Fig.
Gestational surrogacy may be an option for starting a family after cancer for women who had a gynecologic cancer that required hysterectomy or for women who were exposed to radiation or chemotherapy that impaired their ability to carry a pregnancy to term.210-212 If a patient is able to bank either oocytes or embryos prior to their cancer treatment, the surrogate could carry the patient’s genetically related baby to term.
There’s gestational surrogacy (when the surrogate has an embryo from the intended parents) and traditional surrogacy (when the surrogate uses her own egg).” In the case of traditional surrogacy, the surrogate is also one of the child’s biological parents, which can get complicated from a legal perspective.
The framework could serve to accelerate local policymakers’ decision-making about commercial surrogacy, aid in applying consistent legal principles in the judicial process of surrogacy court cases, and should be designed to protect all parties, with a special emphasis on vulnerable groups, such as the children and surrogate mothers.
This legal loophole allows commission of crimes such as forgery, fraud, and child trafficking 52 For example, surrogate mothers have delivered babies in hospitals but used the intended parents’ identity, 52 and put false information on the birth certificate, which is a crime.
Gestational surrogacy has grown in popularity in different parts of the world over the last two decades (though there is a lack of evidence of increases in age-specific rates), and this increase can be attributed to rates of infertility and changes in traditional family structures 7 In 2010, 1.9% of women aged 20 to 44 were unable to achieve their first live birth (primary infertility), and 10.5% of women with a previous live birth were unable to have a second child (secondary infertility) 8 Concomitantly, single parents or same-sex couples have added relevancy to assisted reproductive technologies (ARTs), such as in vitro fertilization, oocyte and embryo donation, and surrogacy 9.
Despite a growing transnational market for commercial surrogacy in many of the countries examined, the current patchwork of policy does little to clarify what forms of surrogacy are legally permissible, nor do they adequately protect surrogates, intended parents, or the children themselves.
A compilation of laws and cases on surrogate mothers, including both traditional surrogates, who use their own egg and carry a baby for another, and gestational surrogates, who carry a baby created from the egg of another woman.
Al Jazeera asked BioTexCom whether they conducted health checks on women applying to be surrogate mothers, if women were fined for being in contact with biological mothers, whether surrogates were forced to give birth in the low quality Kiev hospital and if the company provided reports to intended parents about failed implantations.
In the instance where a woman is not able to carry a pregnancy on her own, or a gay couple wishes to have a child, the couple may decide to use a gestational carrier (also referred to as surrogate mothers or a host uterus).
As would be expected, however, in an experience as intensely personal as pregnancy and birth, most of the women who have been surrogate mothers feel some loss when the time comes to give up the baby.