Surrogacy: in which countries is it allowed?

A surrogate mother, also known as a surrogate mother, is a woman who makes her womb available to a couple or person who wants to have children for the duration of a pregnancy. Instead of the genetic mother, she carries the child to term and then gives birth to it. A surrogate mother only performs the “carrying and giving birth” function. She is obliged to leave the child to the biological (genetic) parents.

In medicine, there are several types of surrogacy:

• The embryo is implanted in the surrogate mother’s uterus with the genetic potential of both parents (the mother’s egg and the father’s sperm). The surrogate mother is not hereditarily related to the embryo.
• If one parent is infertile, either only the sperm of the genetic father or only the egg cell of the genetic mother is used for fertilization in a test tube. The missing egg cell or the missing sperm can be donated by another uninvolved parent. Also in this case, the surrogate mother is not related to the embryo.
• In rare cases, if the woman is infertile, an egg cell from the surrogate mother is used. Due to the surrogate’s closer bond with the baby, many surrogate placement agencies advise against it, and very few offer or practice this option. If the surrogate mother’s egg is used, it is related to the child.

Surrogacy in Germany

Using a surrogate mother is illegal in Germany. The Embryo Protection Act (ESchG), which came into force in January 1991, prohibits any medical services in the case of surrogacy. According to Section 1 (1) ESchG , medical services are considered criminal offenses and are punishable by imprisonment for up to three years or a fine. The placement of surrogate mothers is also prohibited by law in Germany under the Adoption Placement Act. On the other hand, the actions of the surrogate mother or the persons who give the order are not penalized.

Should surrogacy occur, e.g. B. through claims abroad, the question arises as to who is considered the mother or father of the child in Germany. A contract for surrogacy is not sufficient, it does not establish a legal basis under German law. German law provides that the woman who carries and gives birth to a child is also the legal mother of the child (see § 1591 BGB) . So the legal mother is the surrogate and not the woman who gave the order. This applies even if the “client” is the genetic mother.

cost of surrogacy

When making use of surrogacy, placement agencies are at the side of the biological parents and the surrogate mother from the first consultation about the pregnancy to the child’s departure together with the intended parents to its new home.

The cost of this varies from country to country: In the United States of America, recruitment agencies charge up to US$60,000 for their services alone. In addition, there are between 20,000 and 40,000 US dollars for the surrogate mother, notary and legal fees, as well as the costs for plane tickets and accommodation. If an egg or donor sperm is also required, there is an additional cost of up to $20,000.

Surrogacy in other countries

Other countries differentiate between commercial and altruistic surrogacy when it comes to surrogacy. While in some countries a surrogate mother receives financial compensation, in other countries it is strictly forbidden. Almost every country has its own surrogacy regulations.

Countries Allowing Commercial Surrogacy:

• United States
• Russia
• Ukraine
• Georgia
• India
• South Africa

Countries that allow altruistic surrogacy:

• Australia
• Denmark
• Canada
• Ireland
• Latvia
• Netherlands
• United Kingdom

If you are thinking about using a surrogate mother in another country, it is important that you inform yourself about the regulations of the country you have chosen. For example, in some countries a genetic mother is only accepted as a legal mother if she adopted the child. Factors such as the nationality of the persons involved or their place of residence can also play a decisive role.