Surrogacy is a controversial process where a woman bears and delivers a child for a couple or individual. It’s often used by those who can’t conceive naturally. The embryo is created from the couple’s egg and sperm, and the carrier is paid a commission. Legal issues and the possibility of the carrier changing their mind are disadvantages. The success rate varies, and surrogacy has existed since biblical times. A famous court case in the mid-1980s highlighted the legal issues surrounding surrogacy.
Surrogacy is an agreement between a woman and a couple or individual to bear and deliver a child. It’s a controversial process that isn’t legal in all states. Surrogate mother is also known as gestational carrier. In many cases, the process is costly, time-consuming, and emotional. Women or couples who choose this route often do so because they are unable to conceive due to a missing or abnormal uterus, have suffered multiple miscarriages, or have had multiple failed IVF attempts. The advantage of the gestational method for the parents is that the embryo is created from the woman’s egg and the man’s sperm, so it is biologically theirs.
The surrogacy arrangement is sometimes done through an agency and other times privately contracted. When looking for a woman to carry their child, a couple might use the Internet, contact an agency, or network through friends and family. Sometimes arrangements are made between strangers who never meet or between people who meet only occasionally in the process. An arrangement could also involve people whose lives are intertwined during the process and even those who are family or friends prior to entering into a surrogacy arrangement.
In gestational surrogacy, the embryo is implanted in the woman through in vitro fertilization. The woman carries the child to term, then gives up the child and signs the parental rights at birth. Usually, the couple pays the attorney’s fees, agency fees if applicable, and a commission to the carrier. If the carrier does not have health insurance that covers prenatal care and delivery, the couple will most likely pay those costs as well.
Disadvantages of surrogacy include the possibility of the carrier changing their mind about waiving rights after the birth. Some couples also worry about legal matters. There may also be differences between the couple and the carrier regarding medical, nutritional or testing issues.
The surrogacy success rate cannot be determined because it depends on many factors. The first successful gestational surrogacy took place in 1985. Other forms of this process have existed since biblical times.
The matter was highly publicized when the “BaM” court case was filed in New Jersey in the mid-1980s. In this custody case, the surrogate mother stated that she was unable to fulfill her contract and hand over the child she had borne to the intended parents. Initially, the court ruled for the intended parents and gave them custody. Later, the carrier mother regained some parental rights and was allowed parental visitation.
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