Although Sarah had no biological connection to the baby, she and Abraham claimed the child as their own. Until about 30 years ago, traditional surrogacy like this was the only way for expectant parents to create a child through surrogacy. Following the adoption of the 2016 law, a regulatory decree (6/2017) was published on 31 July 2017 to implement the 2016 law, which included, for example, the obligation for surrogacy to be accompanied by a psychologist during and after birth. [59] If commercial surrogacy is legal, couples may seek the assistance of third-party agencies to support the surrogacy process by finding surrogacy and entering into a surrogacy contract with it. These agencies often review psychological and other medical tests of surrogate mothers to ensure the best chance of a healthy pregnancy and delivery. They also usually facilitate all legal questions regarding the intended parents and the surrogate. There are those who believe that surrogacy should be allowed because it is beneficial to all parties and that a ban would limit the autonomy of infertile couples, and there are those who believe that the risks outweigh the benefits. Many developments in medicine, social customs, and court cases around the world have paved the way for modern surrogacy:[15] Some Russian women, such as Ekaterina Zakharova,[65] Natalia Klimova,[67] and Lamara Kelesheva,[68] became grandmothers through post-mortem surrogacy programs, with their surrogate grandchildren conceived posthumously after the death of their sons. When did surrogacy begin? How long has surrogacy been in existence? The practice began thousands of years ago and dates back to the Babylonians, who allowed surrogacy to prevent divorce. However, you will find the first known description of surrogacy in the book of Genesis with the story of Sarah and her husband Abraham. Sarah experienced infertility, so she asked her servant Hagar to carry Abraham`s child.

Abraham impregnated Hagar, and she bore him and Sarah a son named Ishmael. The availability of new reproductive technologies has led not only to the separation between reproduction and sex, but also to the redefinition of the concepts of mother and family [90]. With the practice of surrogacy, a division of motherhood was also created, resulting in a genetic mother, a pregnant mother, and a social mother [91]. In Ukraine, the beginning of the introduction of methods of support to reproductive medicine was given in the eighties of the last century. It was in Kharkiv that the method of extracorporeal fertilization was successfully applied for the first time in Ukraine, and in 1991 a girl named Katy was born. Kharkiv was also the first city in the former Soviet Union to achieve surrogacy. Many surrogacy clinics have been opened in Kiev. [85] and Lviv. The European Court of Human Rights (ECHR) is therefore faced with the difficult task of enforcing the rights guaranteed by the Convention in the context of surrogacy. Although there are tensions between the main cases, these can be reconciled by prioritizing the right to personal identity as an integral part of the right to privacy. Case law imposes an obligation on Member States to define the legal status of surrogate children equally for cross-border and domestic surrogate mothers. The concept of the right to individual identity itself should be interpreted broadly to encompass the child`s relationship with genetic parents, pregnant women and intended parents; Therefore, in order to ensure the best interests of the child, a narrow margin of appreciation should be left in any state intervention concerning the legal status of children born abroad through surrogacy in order to achieve the highest possible degree of legal harmonisation, at least within the EU [120, 121].

Countries that allow commercial surrogacy include Russia, Ukraine, Thailand (with restrictions to limit reproductive travel), and some U.S. states. Single men and same-sex couples do not have access to surrogacy. [52] The law does not explicitly exclude single women, but requires that only one member of the couple bring genetic material, which can be interpreted as limiting the procedure to couples. [52] Surrogacy decisions are often made when women are unable to bear children alone. This can be due to a number of reasons, including an abnormal uterus or the complete absence of a uterus, either congenital (also known as Mayer-Roakitansky-Kuster-Hauser syndrome)[9] or after a hysterectomy. [10] Women may have a hysterectomy due to complications during childbirth, such as heavy bleeding or rupture of the uterus. Diseases such as cervical cancer or endometrial cancer can also lead to surgical removal of the uterus. [10] Previous implantation failures, multiple histories of miscarriages, or concomitant severe heart or kidney disease that can interfere with pregnancy may also prompt women to consider surrogacy.

[11] The biological impossibility for single men and same-sex couples to have a baby may also indicate that surrogacy is an option. [11] Altruistic surrogacy is legal in the Netherlands. [45] Only commercial surrogacy is illegal in Belgium and the Netherlands. Although altruistic surrogacy is legal, there is only one hospital that accepts couples, and there are extremely strict rules for entering. As a result, many couples seek their treatment outside the Netherlands or Belgium. [46] The Assisted Human Reproduction Act (AHRC) only allows altruistic surrogacy: surrogates can be reimbursed for approved expenses, but it is illegal to pay other consideration or fees. [21] However, Quebec law renders unenforceable all surrogacy contracts, whether commercial or altruistic. [22] In 1984, the intended parents, Bill and Betsy Stern, hired surrogate Mary Beth Whitehead and agreed to pay her $10,000 for traditional surrogacy. When the baby was born and it was time for Whitehead to sign her parental rights, she refused and took custody of baby Melissa. From there, a custody battle ensued that would play a key role in the development of New Jersey`s surrogacy laws. In 2017, South Australia passed legislation giving same-sex couples equal access to surrogacy and IVF. The Act received Royal Assent on March 15, 2017 and came into force on March 21, 2017.

[15] [16] [17] [18] [19] Perhaps the most famous case in the history of surrogacy is the “Baby M.” case, which involves traditional surrogacy. Bill and Betsy Stern hired Mary Beth Whitehead to replace her in 1984 and agreed to pay her $10,000. Those who view surrogacy as a violation of children`s rights often cite cases of trafficking and sale of surrogate children across borders in Cambodia and other countries, leading to statelessness and lack of citizenship, among other things. [43] Until 1884, all surrogacy had to be performed in the traditional way, which required sexual intercourse. However, a woman`s first successful artificial insemination was completed in 1884, which would pave the way for future artificial insemination in the history of surrogacy. Even in jurisdictions that do not recognize surrogacy arrangements, potential adoptive parents and the birth mother, if they proceed without government intervention and do not change their minds along the way, will likely be able to achieve the surrogate`s impact by giving birth to the surrogate and then returning the child to the intended parents for private adoption. However, North Dakota recognizes surrogacy arrangements. Intended parents are the legal parents of a child when an embryo created with the gametes of both intended parents is implanted into a gestational carrier. However, many Buddhist thinkers have expressed concerns about some aspects of surrogacy, challenging the claim that surrogacy is still compatible with the Buddhist tradition. [60] [59] A Buddhist perspective on surrogacy stems from the Buddhist belief in reincarnation as a manifestation of karma. [59] According to this view, surrogacy bypasses the functioning of karma by interfering with the natural cycle of reincarnation.

[59] She also agreed to name William Stern on the birth certificate as the father of the baby and to allow the intended parents to name the child. But when Whitehead gave birth, she included her husband`s name on the birth certificate and named the baby, without implicating the Sterns. For infertile couples, there is a wide range of methods that provide important support for natural fertilization [1,2]. However, according to critics, such techniques, including surrogacy, can lead to the commodification of human life and the exploitation of women, making surrogacy, especially the commercial nature, so controversial from a bioethical point of view [3]. Commercial surrogacy arrangements are not legal in the UK. Such agreements were prohibited by the Surrogacy Arrangements Act 1985. [86] Although it is illegal in the United Kingdom to pay more than the cost of surrogacy, the relationship is recognized under section 30 of the Human Fertilization and Embryology Act 1990. Regardless of the contractual or financial consideration for expenses, surrogacy agreements are not legally enforceable, so a surrogate retains the legal right to determination for the child, even if they are not genetically related. Unless a parental or adoption order is made, the surrogate remains the child`s legal mother. [87] [88] Some countries, such as the United States, Canada, Greece, Ukraine, Georgia and Russia, are popular surrogacy destinations for foreign intended parents.