Surrogacy
Despite the great advances in medical technology in relation to fertility, some women are never able to conceive, carry, or give birth to a child of their own. When this happens, a couple must look to other options to become parents. One such option is surrogacy. Surrogacy is an extremely controversial agreement between a woman (the surrogate) and a couple who are trying to become parents. Even though this is a viable option for many parents, it carries with it many disadvantages and in many states, it is illegal to engage in this type of contract. Let’s begin by discussing the different types of surrogacy, the advantages and disadvantages, the legal aspects of this type of agreement, and finally some statistics.
All types of surrogacy involve a woman carrying a baby for someone else. However, there are two different types of surrogacy arrangements. They are as follows:
1. Traditional Surrogacy – In this arrangement, a woman (the surrogate) is impregnated with her own egg and the sperm of the intended father or that of a sperm donor. This is an option for homosexual couples or for women who do not have quality eggs. Even thought the surrogate mother is biologically related to the child, all parental rights are relinquished upon birth.
2. Gestational Surrogacy – This is the most common of the two types. This is an arrangement in which a surrogate is impregnated with the egg and sperm of either the intended parents or donors. This is a more suitable option for women who cannot carry a pregnancy to term and because the surrogate mother has absolutely no biological connection to the child.
In addition to this distinction, sometimes surrogacy can be classified according to money. Some arrangements involve a payment to the surrogate for her services while other arrangements only involve monies paid to legal fees, medical expenses, and/or agency fees. It is in this area of money that surrogacy becomes controversial. When a woman is paid to have a baby for someone else, it can be considered selling babies, which is illegal. Every state in the US and every country have varying laws regarding surrogacy and Australia is no different. Unfortunately, Australia does not have legislation that is favorable to surrogacy.
Three areas of Australia, Victoria, South Australia, and Queensland, have enacted legislation that deals specifically with surrogacy. Basically, the legislations states in part that:
~ Victoria: According to the Infertility (Medical Procedures) Act of 1984 commercial surrogacy contracts, those that exchange money for surrogacy services are illegal and void. However, surrogacy for altruistic reasons is not prohibited but is unenforceable.
~ South Australia: The Family Relationships Act of 1988 states that surrogacy contracts and the act of advertising or procuring such contracts are illegal and void.
~ Queensland: The Surrogate Parenthood Act of 1988 is the newest legislation that prohibits all forms of surrogacy, paid and altruistic, and any form of advertising for such.
However, all hope is not lost. If a couple’s last resort is surrogacy they can travel to other countries to have the procedure and process completed. Many Australian couples will either travel to India or the United States as they both offer favorable surrogacy laws and high quality medical care.
Even though the laws may not be on your side, there are still many advantages to surrogacy. Probably the most obvious advantage is that a couple has the opportunity to have a biological child of their own. But the some other advantages include the ability for the potential parents to form a lasting, close relationship with the surrogate and thereby have an active role in the pregnancy. Unfortunately, the disadvantages are just as great. The single biggest disadvantage is that the surrogate mother will claim parental rights to the child and the couple who contracted with her will lose their child. Furthermore, because the laws don’t support surrogacy agreements, the intended parents will not have a legal recourse against the surrogate mother. Not to mention, the anxiety that the intended parents have when going through the IVF cycles and hoping for a pregnancy to occur. Plus the cost is extremely high.
Couples who chose surrogacy will have to assume some sort of financial responsibility regardless of whether or not a payment is made to the surrogate for her services. The parents must pay for IVF treatments, all of the medical expenses associated with prenatal care, the cost of the birth, and the legal fees for the writing of the surrogacy agreement and the post-birth adoption. It is estimated that surrogacy can range anywhere between 60 and 80 thousand dollars. This figure may be higher if the surrogate is paid for her services. The surrogate can charge upwards of 15 thousand to 30 thousand dollars upon the birth of the child.
Because of the illegality of surrogacy in Australia, there are no known statistics on how many babies are born under these circumstances. Finding statistics in the United States is just as difficult. Unfortunately, this particular method of bringing a child into the world receives a lot of bad press because the media dramatizes the cases of surrogacy gone wrong such as when a surrogate mother changes her mind at the last moment or when the baby is born with medical problems and the intended parent s refuse the child. Granted, these are terrible circumstances but for every bad surrogacy agreement, there are also successful ones.
It is important to do a lot of research regarding surrogacy laws in your area. If there are third party agencies available to help you find a surrogate mother and to mediate negotiations regarding surrogacy, it would be wise to consider these options. Sometimes a family member or close personal friend is a good choice for a surrogate. It is also a good idea to consider psychological counseling for yourself and the surrogate mother to help cope with the emotional aspect of surrogacy. However, surrogacy is a personal, difficult decision that must be made once you have all of the facts.