Intended parents using surrogacy
The legal aspects of surrogacy vary enormously from country to country. It’s important to research and be sure of all the details before moving ahead as there are different implications in terms of obtaining legal parenthood, as well as your and your child’s rights, depending on the route and location you choose.
Make sure you understand what is allowed and not allowed in different jurisdictions before anything else.
Things to consider
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Who will be your surrogate? Will you be asking someone from your social circle or recruiting a surrogate through an agency, or taking another route?
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If you’re using egg donation, will the surrogate be the egg donor (straight/traditional surrogacy) or will you be finding a separate egg donor (gestational surrogacy)?
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Are you looking at surrogacy with double or embryo donation? Do you understand the the different legal implications, depending on where you’re having treatment?
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What relationship would you like to have with your surrogate, in the short, medium and long term?
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What relationship would you like your child to have with your surrogate, in the short, medium and long term?
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What contingencies can you put in place in case you can’t have the relationship that you would like?
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What do you need to consider if you are hoping to have more than one child?
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What legal aspects do you need to consider in terms of the surrogacy and transfer of parental rights?
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What other agreements do you need to have in place, such as contact with the surrogate (frequency/quality/duration) or other family members, during the pregnancy and afterwards?
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What story will you be sharing with your child about the surrogate and how does that relate to the egg or sperm donor?
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How are my rights and my child’s rights protected and affected if I travel abroad for surrogacy treatment?
It’s complex
On top of all those questions and practicalities to sort out, you also need to consider how you’re feeling about using surrogacy. Perhaps you’re feeling anxious about how to make all these decisions. You may be worried about whether you’ll be able to bond with the baby. Or perhaps, you’re just excited that there is a way to carry a baby – something you hadn’t thought was going to be possible.
However you’re feeling, the long list of questions above are probably not simple to answer, so give yourself plenty of time and space to think and plan. It’s complicated, practically, legally and emotionally, so make sure you get good support, both personal and professional, throughout the process.
