There is no universal ART regulation followed in the whole world.
Different countries have their own rules and regulation of ART.
The stringent ART regulation of departure countries influences people to seek cross-border reproductive care.
Therefore, cross-border surrogacy service is the solution of pursuing surrogacy in case of restriction of the home country.
It has been found that the cross-border destination for ART has very liberal or no restricted regulation.
The act of seeking fertility care outside of one’s country of residence to avoid the application of prevailing law is sometimes referred to as “circumvention tourism”.
The restriction of ART regulations that motivates cross-border fertility treatment has two broad categorizations.
One is based on who gets permission to pursue fertility care, another is what fertility care can be accessed.
Marital status, age of the patient, and sexual orientation are the certain legal barriers that address ‘who’ can avail of national fertility care.
Usually, departure countries do not allow single parenting, older women, and homosexual couples to pursue ART.
These categories of people try to obtain the facility by availing of cross-border fertility treatment.
A wide range of ‘what’ services can be legally offered in the destination countries also promote cross-border fertility treatment.
Jurisdiction agreement on compensated gamete donation, commercial surrogacy, pre-implantation genetic diagnosis (PGD), sex selection, and embryo cryopreservation prompt international fertility travel.
Legal prohibition of these services, inadequate medical service, or social limitation influence people to exist home destination and contribute to continuing circumvention tourism.
Surrogacy law and regulation differ from country to country.
Intended parents must be aware of all the details of the country-specific surrogacy law and legal procedures in case of cross broader surrogacy.
Besides this, intended parents have to make sure about the surrogacy law where they pursue the surrogacy for confirmation of sufficient protection for themselves as well as the involved surrogate.
It is always better to create a surrogacy contract under the surrogacy attorneys to obtain the protection of parental rights of the intended parents, and the right to compensation of surrogates.
The provision of such a legal contract helps to build trust in the cross broader surrogacy process.
The legal difference between some countries can only allow altruistic surrogacy.
In such cases, surrogates will not receive any price as a gestational carrier.
In this circumstance, the permission of surrogacy for foreigners may create ethical concerns.
Sometimes cultural difference also creates social issues.
Like, lack of family support, social stigma, etc becomes a barrier in the surrogacy process.
However, such a problem can arise both domestic and cross broader surrogacy.
The arrival of such a problem in cross broader surrogacy may create additional pressure for intended parents and surrogates too.
Some challenges in cross-broader surrogacy can cause a barrier between the surrogate and intended parents.
The language barrier is one of the primary reasons which impede the development of a strong relationship between the surrogate and intended parents.
But the availability of a surrogacy agency helps to overcome this problem, as they act as middle management and organize the surrogacy program in a systematic way.
Therefore, hassle-free surrogacy is possible even after so many barriers presents in cross broader surrogacy program.
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.