Surrogacy is an arrangement, usually through a legal agreement, in which a woman agrees to carry out a pregnancy on behalf of someone else who will become the parent of the child after birth. People choose surrogacy for a variety of reasons, including infertility, risks of pregnancy or other undesirable factors, or when pregnancy is medically impossible.
An important aspect of surrogacy is the role of the surrogate mother, a woman who conceives and gives birth to a child for someone else. These surrogate mothers usually contact the parents who need surrogacy through third-party agencies or other matching channels, and need to participate in fertilization, pregnancy, delivery and other processes. Monetary compensation may be involved in a surrogacy arrangement, which is known as commercial surrogacy.
Surrogacy can be divided into two types: traditional surrogacy and gestational surrogacy. The main difference between the two is the genetic source of the egg.
Traditional surrogacy (also known as partial surrogacy) means that the surrogate mother's eggs are fertilized by the sperm of the entrusted father or a donor. In this case, the surrogate mother can be fertilized through natural intercourse or artificial insemination. If a donor's sperm is used, the resulting child has no genetic relationship with the intended parents, whereas if the intended father's sperm is used, the child is genetically related to both him and the surrogate mother.
Gestational surrogacy was first successfully achieved in 1986 and involves the implantation of embryos created through in vitro fertilization (IVF) into a surrogate mother. The characteristic of this method is that the child born has no genetic relationship with the surrogate mother. There are many forms of gestational surrogacy, such as using the eggs and sperm of the intended parents, or using donated eggs and sperm to create embryos.
In many cases, gestational surrogacy is viewed as the legally simpler option and often has a higher success rate.
The risks to the surrogate mother and embryo vary. During gestational surrogacy, embryos may be subject to the same risks as with IVF, and multiple embryos are often transferred to increase the likelihood of success. This process can lead to complications, such as multiple pregnancies, which increases the risk of premature birth and other health problems.
For surrogate mothers, although the health risks are relatively low, there are still hidden dangers such as poor health and psychological factors. In some countries, the existing legal framework is insufficient to protect the health and rights of surrogate mothers, resulting in increased risks they face during the process.
There are many reasons for choosing surrogacy, including single men wishing to raise a child, gay couples wishing to carry a child, or women with physical disabilities. Reasons why women choose surrogacy include medical problems such as congenital defects or a missing uterus following surgery, or the inability to conceive due to multiple miscarriages.
In comparison, the legal framework for surrogacy is usually clearer, providing a certain degree of protection for both the surrogate mother and the commissioning parents.
Surrogacy laws vary globally, and many countries do not have laws specifically targeting surrogacy. Some countries ban surrogacy entirely, while others restrict commercial surrogacy but allow unpaid surrogacy. In some places, there are still many disputes over the enforceability of surrogacy contracts and the legal rights and interests of surrogate mothers.
In some countries, such as the United States and Ukraine, the laws on commercial surrogacy are relatively loose, which may be one of the reasons for the popularity of surrogacy. Compared with traditional surrogacy, the legal protection of gestational surrogacy usually provides a clearer and clearer framework so that the rights and interests of all parties involved can be protected.
Whether you choose traditional surrogacy or pregnancy surrogacy, people’s dreams of becoming parents continue to come true. However, there are various legal, medical and psychological issues behind surrogacy that need to be discussed and understood in depth. After all, can we find a fairer and safer path when it comes to reproductive choices?