24 Sep Legal aspect of Surrogacy
Legal aspect of Surrogacy
The surrogacy is a method that is legally used in many countries across the world. There are many women in many countries that do surrogacy as a profession and earn money with this method. However, in a number of countries such as Turkey, only one of the relatives is allowed to be a surrogate mother in order to avoid this method to become a monetary instrument.
In Turkey, the mother of a child is considered a woman that has “given birth to” that child in accordance with Turkish law. According to applicable laws, whoever gives birth to a child shall be considered the mother of that child, regardless of the person or people having the sperms or eggs.
Countries where surrogacy is legal and average prices
Although many countries in the world provide surrogacy services, only limited number of countries implements surrogacy program under official state control after making a contract with the surrogate mother. It is very important to make a distinction here. When there is a problem with surrogacy that is widely used in the United Kingdom, Italy and many other European countries (for example, surrogate mothers do not want to give their child, or want more money to give their child, or choose to give out for adoption, etc.), such cases are referred to local courts and take long years as the government has no applicable laws in place for the surrogacy. During the period of such cases, persons that have given their fertilized embryos are separated from their own child for years, and could not obtain any rights in their biological child because sometimes the courts decide that the child belongs to the surrogate mother. This is a very difficult and psychologically devastating situation for anyone that longs for a child.
To avoid such unpleasant processes, it is very important to receive surrogacy services in the countries that has an official control over this service. In these countries, the individuals who want to have child through a surrogate mother make a contract with the potential surrogate mother that is legally binding upon either party. In case of a possible conflict, the government makes a decision based on that contract.
Countries where surrogacy service is officially provided under the governmental control:
- The United States of America,
What makes these countries attractive is that surrogacy is legal and they have liberal laws. The couples that want to have a child are legally considered parents from the moment when pregnancy is initiated.
On the other hand, to allow a woman in Cyprus to use a surrogate mother in accordance with laws, it is required that woman has no uterus congenitally, or has had removed her uterus, or has congenital abnormalities in the uterus, or has a uterus that cannot be improved, or has a severe heart disease, or severe kidney failure, breast cancer, or has developed HELLP syndrome. Otherwise, the surrogacy will not be allowed. For example, women have tried to become pregnant but failed despite receiving in-vitro fertilization therapy, or gay couples, or individuals that want to be parent alone do not have the right to use this service pursuant to applicable laws.
Despite this, many people from Turkey unfortunately go to Cyprus to receive this service as it is legal, and embryo is transferred to the surrogate mother. But remember that these people do not have a governmental assurance in case of a conflict that occurs between them and the surrogate mother as they are not under the conditions limited by the laws of Cyprus. In case of a potential conflict, they cannot lay claim to the child pursuant to applicable laws. When considering this, it would be more reasonable to look at other countries where there is an official state control to receive surrogacy service for the individuals that want to have a child but do not comply with conditions set out in the laws of Cyprus.
Although the prices vary by countries, the average price is more than $100.000 in the USA, but it is reduced by two thirds and decreased to $30.000-$35.000 in the developing countries such as Ukraine, Georgia, and Cyprus.