Surrogacy has always been viewed as a sensitive subject by many. While few quote this as one of the best ways to achieve parenthood, given you are unable to do so naturally, many think otherwise. Still, being a globally practised concept, the demand for surrogacy to be regulated is gaining support. In the following sections of this blog, we will talk about why surrogacy across the globe needs to be regulated with proper laws and guidelines. Moreover, we will bring some real-time examples to make our claim more impactful and affirmative.
The Increasing need for proper Surrogacy Regulation
- To protect the rights of every party included
One of the essential reasons for proper surrogacy regulation is to secure the rights of all parties including the intended guardians, surrogates, and the children born through surrogacy. That said, without proper guidelines, these entities would find it really tough to continue within a surrogacy program.
Real-time Case: Given the lack of proper surrogacy regulation, surrogates in Cambodia have been subjected to abuse and lacking enough compensation. In some other cases, surrogates have gone through abuse and exploitation with no support given during the surrogacy program.
If there would have been proper surrogacy laws in Cambodia, such acts would have been avoided completely by the court of law.
- To bring everyone on the same page
Proper regulations guarantee that every party involved is on the same page during the surrogacy program. This further implies that the surrogate mother completely understands the type of surrogacy methods, potential risks, and other requirements of surrogacy.
Real-time case: In India, commercial surrogacy was to a great extent unregulated for intended parents for a long time. This led to circumstances where surrogates, usually from underprivileged backgrounds, were not completely mindful of the surrogacy methods or even the legal aspects. Also, this need for educated assent led to the establishment of proper laws and regulations as of now in India.
- Taking care of the legal requirements
Surrogacy frequently includes complex legitimate issues related to parentage, citizenship, and guardianship. That said, proper guidance from legal professionals makes a difference in clarifying these things, guaranteeing that the rights and obligations of all parties are taken care of.
Real time case: In Thailand, an international surrogacy embarrassment including a child with Down syndrome highlighted the need for clear lawful systems. The surrogate mother denied obtaining custody of the child, and the intended guardians confronted challenges in securing their child’s citizenship and legitimate rights.
- Avoiding Abuse and Trafficking
Unregulated surrogacy can make way for abuse and human trafficking. That said, proper legal direction helps in anticipating these unscrupulous practices and secures helpless people from being coerced into surrogacy practices forcefully.
Real-time Case: As mentioned above, the “Baby Gammy” case in Thailand brought universal consideration to surrogacy-related abuse. Moreover, a surrogate mother carried twins for an Australian couple, but one of the babies, born with Down Syndrome, was left behind with the surrogate. This case uncovered the risks of unregulated surrogacy.
- Guaranteeing proper medical assistance
Proper Surrogacy regulations set benchmarks for medical treatments and guarantee the well-being of surrogates and children born through surrogacy. Moreover, this incorporates appropriate medical screening, pre-birth care, and proper support all through the pregnancy process.
Real-time Case: In the United States, where surrogacy is regulated in most states, there are pre-defined medical standards and rules. Moreover, this has contributed to the country’s popularity for secure and successful surrogacy programs.
- Taking care of the morals and ethics
Moral problems can emerge in surrogacy, particularly when issues of assent, compensation, and decision-making are not clearly characterized. That said, proper regulation helps in taking care of these aspects clearly.
Real-time Case: In Ukraine, a surrogate mother became a global topic of debate when she chose to keep the child after birth. Also, the need for clear legal regulations contributed to the moral complexity of the circumstance.
- Defending the Rights of the Child
Surrogacy raises questions about the rights of children born through this procedure, including their right to know their origins. That said, proper guidance in this regard helps in guaranteeing the best care and support to the child’s interests.
Real-time case: Within the United Kingdom, children born through surrogacy have the proper right to get the required information and details about their surrogate mother when they turn 18. Moreover, this guarantees straightforwardness and regards the child’s right to know their hereditary legacy.
- Overseeing Cross-Border Surrogacy
In a progressively globalized world, cross-border surrogacy is becoming common day by day. That said, proper regulations help you oversee the complexities of international surrogacy programs, including issues related to citizenship and legal acknowledgment.
Real-time Case: Numerous European nations have varying laws concerning surrogacy. That said, within the case of a British couple employing a surrogate in Ukraine, the child’s citizenship, legitimate acknowledgment, and parental rights must be explored through proper, yet varied regulations.
- Prioritizing public welfare and security
Proper regulations also play a key part in guaranteeing the well-being and security of surrogates, intended guardians, and the infant. That said, by setting proper legal guidelines for medical procedures and care, these regulations diminish the risks related to surrogacy.
Real-time Case: In Canada, where surrogacy in Canada is controlled, strict health and security guidelines are upheld to ensure the well-being of all parties included.
- Global Participation
Surrogacy frequently includes different nations, and global participation is fundamental to address the complex legitimate and moral issues that can emerge. That said, proper surrogacy regulations encourage this participation.
Real-time case: The Hague Conference on Private International Law has been working on creating universal rules for surrogacy to address the legal challenges that cross-border surrogacy presents.
In the end, we can say that the regulations related to surrogacy are fundamental to safeguard the rights of every involved party within the surrogacy process. Moreover, it will help you to avoid abuse, clarify legal ambiguities, guarantee educated assent, and address ethical requirements. That said, while proper regulations may vary from one nation to another, its overarching objective remains the same: to form a secure and moral environment for surrogacy practice worldwide.