Legal and Regulated Process
The primary consideration of all IPs should be that surrogacy is legal and well regulated in the country they are considering. Ethical and moral opinions on surrogacy differ throughout the world and there is a fine distinction between surrogacy and the trafficking of children. In some countries there is a view that there is a clear distinction, yet in other countries there are views that surrogacy, in particular commercial surrogacy, is in effect the trafficking of children.
Article 7 of the Convention of the Rights of the Child (“CRC”) provides that every child has the right to know and be cared for by his or her parents.
If you go through an international surrogacy arrangement that is illegal and/or unregulated in that country you face a major risk of not being able to keep your child and obtain citizenship for it in your home country.
Altruistic vs Commercial Surrogacy
In the USA, Russia, Georgia and Ukraine the surrogacy process is commercial. In Greece, and Canada altruistic surrogacy is legal. For some IPs entering into a commercial surrogacy arrangement overseas can constitute a criminal offence in their home country or State. Please consult a lawyer on this issue because it is not just entering into an international commercial surrogacy agreement that can be an offence but even entering into any surrogacy arrangement outside of your place of residence that is not expressly authorised by your local law.
Treatment of Surrogates
As a matter of ethics we choose to work only with clinics in countries that treat the surrogate mothers with dignity and respect. We will never introduce clients to destitute, illiterate or uneducated women as prospective surrogate mothers. We believe all children should have the right and ability to know and meet their surrogate mother at a time when they are able to make that decision for themselves. The children will want to know that their surrogate mother was treated with dignity and respect.
Rule of Law
IPs want to have confidence that the written surrogacy laws will be respected and applied objectively for all surrogate mothers and IPs. We are happy that the surrogacy programs we offer are within countries where at least within this area of ART the rule of law operates.