Surrogacy becomes a popular reproductive treatment option for building families. Surrogacy is a blessing for many childless couples.
However, establishing the surrogacy regulating law in many countries raise challenges related to preserving societal changes, science, and fertility treatment. New York recently introduces new surrogacy law for the legalization of commercial surrogacy.
This law allows pre-birth orders inclusion of protecting the welfare of surrogates.
Commercial surrogacy was banned in New York before introducing new surrogacy laws.
The Child-Parent Security Act took effect and legalized commercial gestational surrogacy in New York State on 15th February 2021.
The law offers a safeguard to both surrogate and intended parents. However, traditional surrogacy is still prohibited in this country.
The pre-birth order facility increases reassurance to intended parents.
Meeting the strict statutory criteria between the surrogate and intended parents validates the surrogacy arrangement.
The intended parents will be legally recognized as the child’s parents from birth rather than the surrogate.
Establishing the new laws in New York provides benefits to the prospective parents who are seeking surrogacy in England and Wales.
The surrogacy agreements are unenforceable in the UK.
In the USA, California is one of the leading authorities for international commercial surrogacy arrangements.
In California, intended parents’ legal status is secured about the child before the birth by making use of pre-birth orders.
However, Michigan prohibits surrogacy arrangements completely.
In this country, compensated surrogacy is considered a criminal offense and needs to pay a penalty.
In Louisiana, altruistic surrogacy is only permissible.
In India, the surrogacy Bill was passed on 5th August 2019. Further, on 21st November 2019, the Bill was adopted to a Select Committee in the Rajya Sabha.
The committee ensures to start best practices in surrogacy by keeping in mind Indian needs.
Independent surrogacy committees in the United States and Argentina decide the surrogacy request.
Australia, Belgium, Canada, Denmark, Greece, Ireland, Netherlands, and the United Kingdom allow only altruistic surrogacy.
Russia, Ukraine, and Thailand allow commercial surrogacy.
But France, Germany, Iceland, Italy Spain, and Sweden ban all forms of surrogacy.
The Surrogacy (Regulation) Bill is ethical, moral, and social legislation as it protects the exploitation of the surrogate mother and protects the rights of the child born through surrogacy.
It seeks to constitute a national surrogacy board, state surrogacy boards, and appointment of appropriate authorities for regulation of the practice and process of surrogacy.
Surrogacy laws and welfare protections differ enormously between countries. Surrogacy regulation and bills try to assure that while childless couples get what they want, nobody, including the surrogate mother and the children born out of surrogacy, suffers.
Whilst the Law Commission’s new pathway is not intended to apply in international arrangements, it has provisionally proposed that parental status or orders resulting from surrogacy arrangements overseas should be capable of automatic recognition.
Ravi Sharma is a self-motivated, successful entrepreneur and has a solid experience in the fertility segment. and he is the director at ARTbaby Global (ARThealthcare). He is a pharmacy graduate with post-graduation in business administration and has 14 years of rich experience in the field of infertility segment. He loves to write about IVF, Surrogacy, and other ART (assisted reproductive technology) news, issues, and updates. He is a Pharmacy graduate (B. Pharm) and M.B.A (marketing).
His most recent success includes the successful launch of the medical tourism company, ARTbaby, which offers treatment options for infertility, egg donation, and surrogacy. He likes spending time with his family and writing about various aspects of IVF surrogacy and donating eggs.