Surrogate mothers – International legislation
Germany
According the present law it is prohibited for the specialists to conduct fertilization and
embryo donation on a woman who is ready to give up the child to the potential children
in within the terms. It is a legal crime and provides imprisonment or appropriate
financial fine.
Article: 13b. Surrogate mother and intended parents cannot be considered together (or conversely).
Article: 13d. The law prohibits advertising surrogacy questions and in case of violation provides legal proceedings.
Because of the law German couples, who have the only way to have a child are
appealing to other countries to have a baby. In Germany surrogate mothers cannot
implement the thing, which is a daily event in many civilized countries.
Texas, USA
From 2003 the courts adopted the law about gestational surrogacy which means that if
surrogate mother is compensated and if she negotiates with intended parents according
the law and they’ll have legal agreement parents will be considered legitimate. Avoiding
adoption procedure they’ll receive certificate of birth of child. There names and
surnames will be written in this document.
Canada
Commercial surrogacy in Canada is prohibited. Altruistic surrogacy is allowed so far.
Surrogate mother is strictly protected by the law and she can change her mind during
30 days from child birth and keep the child. She isn’t obliged to give any explanation.
Surrogacy in Germany, Italy, France
Surrogacy is prohibited in these countries. The article of the law which implies to
protect the embryo prohibits fertilization of the woman which is ready to give up the
child after his/her birth. Such action is considered as crime. It is also prohibited to
advertise surrogacy and surrogacy issues.
India
In last several years India became very popular for the people looking for a surrogate
mother. There are two reasons for that: 1.There is no surrogacy legislation in the
Country. 2. Affordable price of the service.
Compensation given to surrogate mothers is 3000-6000 USD. This is a big sum for
Indian woman and it is a very cheap price compared to other countries.
Israel
Israel has quite detailed and clear legislation about surrogacy. Traditional surrogacy
in Israel is prohibited. This means that mother can’t use her egg for fertilization. Child
shouldn’t be related to mother by genetics. Surrogate mother can’t become a married
woman and each surrogacy arrangement is controlled by the Government. Couples
cannot use surrogacy service as well.