What is surrogacy?
What is surrogacy?
Surrogacy is a technique of assisted reproduction, by which a baby is gestated with a woman, (let's clarify that the term Substitute mother is a term that should not be used) that will not ybe the biological mother , since the implanted embryo has no genetic link with it.
Video that answers the question: What is surrogacy?
Every year hundreds of couples, or single people, recur to surrogacy to make the dream of their life come true: becoming parents.
Surrogacy is a complicated process that mixes the most advanced medicine, the laws of each country (almost always contradictory or incompatible), different languages and customs. A complicated process in which nothing it can be left to chance. It is not a job for "amateurs", with good intentions but little experience.
Surrogacy in the UK, is a Human Assisted Reproduction Technique in which a woman, offers her gestational capacity to another person or future parents, also called Intended Parents, so that they can fulfill their dream of becoming parents.
The surrogacy process in the UK is carried out
through in-vitro fertilization or IVF, in which the gametes from semen
of the male and the ovules of the future mother. In the event that any of these members do
can contribute her gametes, they can resort to the donation of gametes, both from a
donation of eggs or semen in the country where they carry out the gestation process.
Why choose Gestlife in surrogacy?
Most likely you have analyzed other alternatives to carry out your process of
surrogacy in the UK. Often and with the healthy intention of saving money, many
parents consider doing the process themselves, without the help of
Ask yourself for a moment, if for a divorce or a lawsuit for a car crash, or in the face of a job dismissal, you dared to be your own lawyer. The answer is obviously "NO".
Often we see parents trapped in one country, because they do not know how to get the child out of it, and that they have gone alone, and made basic mistakes, or for simple ignorance. The consequences are dire: endless stays, sometimes of months, in a country, impossibility of registering the child etc…. In the end cheap is expensive.
Carrying out a surrogacy process with GestLife is synonymous with trust , your process will be in the hands of true professionals with extensive experience and experience of more than 500 happy parents behind his back, with all the guarantees of surrogacy uk law.
How does surrogacy work in the UK?
Surrogacy extended information
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Once explained what it is, we see that the WHO does not name this technique as surrogacy. Our Assisted Reproduction Act of 1988 as the current one of 2006, after its partial reform by Law 19/2015, includes one against pregnancy contracts for substitution. Specifically, Article 10. In addition, it establishes that “the affiliation of the children born by surrogacy will be determined by delivery and that it remains except the possible action to claim paternity with respect to the biological father ".Click here
Belly for rent
What is a belly for rent?
We have been listening for many years to an ethical-linguistic-moral debate about how to call or name this Assisted Reproductive Techniques (ART), (is surrogacy correct?) Belly for rent is a terminology that should not be used Why do we use the expression belly for rent?. These techniques are recognized by the main body of the World Health Organization (WHO) as well as our own legal ordinance, although this is not allowed to name it in a very specific way.
Why is it called a belly for rent?
There are different terminologies, surrogacy or gestation by
substitution, term used by the World Health Organization (WHO). in
belly for rent.
Feminist groups or collectives against this technique, often use the term belly for rent, pejoratively, alluding to a degradation for the use of woman's body for money exchange.
It is clear that a woman is not a thing that can be rented nor is her uterus, Substitute mothers are women who do not give up their uterus but rather their ability to gestate to people who want to form a family.
The term Substitute mother is not correct either , since the Substitute mother does not offer the care of the babies once they are born. It comes from an incorrect translation from other languages using the English term “Substitute mother”, since they are not the future parents who take care of the maternity of their children born by surrogacy.
The WHO names the woman who performs the surrogacy process to some parents who wish to be parents by surrogacy "Substitute mother", a woman who carries out a pregnancy by surrogacy having agreed that she will deliver the baby to the intended parents. The Gametes can originate from intended parents and / or third parties.
Once explained what it is, we see that the WHO names this technique as surrogacy,
the Assisted Reproduction Act of 1988 as the current one of 2006,
its partial reform by Law 19/2015, includes one against pregnancy contracts
substitution. Specifically, Article 10. In addition, it establishes that “the affiliation of
children born by surrogacy will be determined by delivery and that it remains
possible action to claim paternity with respect to the biological father ".
How to choose a surrogacy agency?
Surrogacy in the UK
To choose a surrogacy agency in the UK, you have to take several things into account. First
all, let us clarify that the company name "surrogacy agency" does not exist. That is why,
some surrogacy agencies in the UK have as social corporate purpose such as "construction,
installations and maintenance", or "import, export, distribution and wholesale trade in the
At Gestlife we are an "intermediary in legal activities", that is, a law firm. And the fact is that surrogacy in the UK does not have a clear regulation (there is only one mention of surrogacy in our legislation, which declares surrogacy contracts null). That is why our "surrogacy agency" in the UK is dedicated to advising you on legal matters about the surrogacy process. The medical process of surrogacy is carried out in the countries where it is legal, with clear legislation.
Therefore, and taking the aforementioned as a basis, to choose a surrogacy agency in the UK, the most important thing is that the agency has not one, but several lawyers on staff who have experience in surrogacy processes in the UK. And we are not talking about collaborating lawyers, but the company's own lawyers, who only look after the interests of the company's clients. The medical process of a surrogacy is no mystery today with advances in assisted reproduction. But the problem appears when, at the end of the surrogacy process in, for example, Ukraine, we want to register our child in the UK.
Many surrogacy agencies in the UK are founded by parents who have been parents by surrogacy and are already considered experts in the field. And they create a surrogacy agency that works, in reality, as an intermediary between the parents and the assisted reproduction clinic of the country where the process is carried out (eg, Ukraine).
When we choose a surrogacy agency in the UK of this type, which does not really have any structure of its own in the country where the process is carried out and no person with the necessary legal training to carry out the filiation process upon arrival in the UK, we We risk having problems that could even lead us to lose our son. Therefore, if for a legal process such as a divorce you would not choose someone who is not a lawyer, just because she has been divorced, do not do the same for surrogacy.
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Countries for a surrogacy
What is the best destination for a surrogacy?
If we want to carry out a surrogacy process in Spain, we have to go abroad. A surrogacy
process can be conditioned by many factors. And that is why there is no better country for a
surrogacy. Several points must be taken into account, including:
• Type or model of family: There are countries that only allow surrogacy for heterosexual couples, while other countries also allow surrogacy for homosexual couples.
• Civil status: Just as there are countries that prohibit surrogacy for gays, there are also countries that do not allow a surrogacy process to heterosexual couples who are not married, as is the case of Ukraine.
• Legislation on the type of surrogacy: In Canada, for example, surrogacy is altruistic and very well regulated, but designed for Canadians, not foreigners. In surrogacy in Canada, intermediation is not allowed, so if you carry out a surrogacy in Canada, you will have to go alone to pick up your baby, and sign all the legal documentation, which will also be in another language. No worker from your surrogacy agency in will be able to accompany you, because he would risk a jail sentence. Therefore, if a problem arises, you will find yourself alone, and you can only receive advice by phone or email.
• Medical reasons: In most countries where surrogacy processes can be carried out, it is required that it be demonstrated that there is a medical problem that prevents the mother from carrying her child, without posing a risk to her or the baby.
• Price of treatment: It is not the same to do a surrogacy in the United States, where there is no social security, than, for example, in Ukraine or Russia. Many gay couples who want to resort to surrogacy end up discarding it thinking that they can only do it in the United States, when, in reality, a surrogacy process can also be done for gay couples in Russia, for example.
• Determination of parentage: There are countries that issue a court ruling stating that the child born from surrogacy is the child of her parents, and in others the birth certificate is obtained. Upon arrival in your country, the filiation process is different depending on whether the surrogacy has been carried out in one country or another.
• Need for egg and / or sperm donation: There are couples in which both members can contribute their genetic material, but others that cannot, as is the case in surrogacy for gays, or for couples with some types of fertility problems.
• Choice and relationship with the pregnant woman: There are couples with fertility problems for whom it is difficult to cope who have had to resort to surrogacy due to the impossibility of gestation. Other couples, on the other hand, want to have a very close relationship with their surrogate. In both cases it is important that, at least, you meet the pregnant woman, first and foremost, to ensure that she is treated in the conditions that she deserves as a human being. Second, to make sure that she is always the same. There are agencies that do not allow you to have a relationship with the pregnant woman, because they have her in a flat with many other pregnant women, in subhuman conditions, and also, by not giving you their data, they can allow you to change it without you knowing if a problem arises.
• Availability to travel: It is not the same to do a surrogacy process in a European country such as Greece or Ukraine, which are just a few hours away by plane, than in the United States, where we also offer surrogacy programs, but it would be absurd to deny that travel is more lengths and therefore need more availability.
Is surrogacy legal in UK?
In which countries can I carry out a surrogacy process?
At Gestlife we offer surrogacy programs in the UK from the following countries:
SURROGACY IN UKRAINE
Surrogacy in Ukraine - married Heterosexual couples
SURROGACY IN GEORGIA
Surrogacy in Georgia - married and unmarried Heterosexual Couples .
SURROGACY IN GREECE
Surrogacy in Greece - married and unmarried Heterosexual couples and single women.
SURROGACY IN RUSSIA
Surrogacy in Russia - Married heterosexual couples and not married. Single Women, single men or homosexual couples.
SURROGACY IN USA FLORIDA
Surrogacy in the United States - married and unmarried heterosexual Couples, single Women, single men or homosexual couples.
SURROGACY IN ALBANIA
Surrogacy in Albania - married and unmarried heterosexual Couples, single Women, single men or homosexual couples.
What types of surrogacy are there?
Types of surrogacy
In reference to types of surrogacy, we can divide surrogacy into Commercial surrogacy or
Traditional surrogacy or gestational surrogacy
Extrafamilial surrogacy or intrafamilial surrogacy
What is commercial surrogacy?
Types of surrogacy
In commercial surrogacy, the expectant mother receives financial compensation for carrying
out the surrogacy process.
Altruistic surrogacy, which is the surrogacy model in Canada or Greece, for example, is a type of surrogacy in which the law establishes a limit on the compensation that the pregnant woman can receive, to prevent her from getting rich with the process. In altruistic surrogacy, of course, medical expenses, sick leave, maternity clothes and any expenses derived from the surrogacy process are also usually covered and, in many cases, compensation is even given to the pregnant woman, even if it is with a limited quantity so as not to infringe the law.
What is traditional surrogacy?
Types of belly surrogacy
Continuing with the types of surrogacy, surrogacy is also classified according to the genetic
relationship, we usually speak of gestational or full surrogacy (ART) and traditional or
partial surrogacy (RMA).
Traditional surrogacy, which is highly discouraged, and is prohibited in many countries where surrogacy is legal, is one in which the pregnant woman also contributes her genetic material to the surrogacy process, so it has a link genetic with the baby.
The usual and recommended is usually, due to legal and emotional complexities, gestational surrogacy.
On the other hand, the total or gestational surrogacy is the one that is carried out mainly today, which is one in which the genetic material for the surrogacy is provided by the intended parents or, in the event that either of the two does not can provide it, by an anonymous donor, either ovules or sperm. Total surrogacy is what is carried out in almost all cases of surrogacy nowadays, and many countries even include in their legislation on surrogacy the obligation that this type of surrogacy be carried out, and not traditional or partial surrogacy.
Commercial and altruistic surrogacy
Types of gestational surrogacy
Commercial surrogacy occurs when the Substitute mother agrees on a
Specific financial compensation for the surrogacy process.
In countries that have specific legislation that develops the right of the father or of the Intended parents (you), to carry out a surrogacy process. These Legislation withdraws the rights of Substitute mothers, to grant them to the intended parents.
These countries have laws drafted by their parliaments, or subsequently amended by rulings of high courts, such as the Constitutional court, allowing certain people to carry out the processes.
Although we do not like this name, it refers to the laws that allow to give back to the Substitute mother a compensation agreed between the parties, without setting limits. Altruistic surrogacy occurs when a woman wishes to carry out the process of surrogacy gestating the future child of another without financial compensation. In most of the countries that perform this type of altruistic surrogacy, agreements are signed for altruistic surrogacy, the Substitute mother has a close relationship with the intended parents (family member / close friend).
The type of legislation in countries that have altruistic surrogacy establishes a maximum for the compensation that the Substitute mother can receive, since the law intends that the Substitute mother does not get rich.
Extrafamily and intrafamily surrogacy?
Surrogacy and its types
As we have mentioned, surrogacy implies that a woman becomes pregnant and
gives birth to a baby for a couple who wants to have a child but cannot. The pregnant mother
is the woman who bears and gives birth to the child for the future parents.
Intrafamily surrogacy is the choice of a Substitute mother within their own family. Extrafamilial surrogacy, which does not imply any type of relationship within the family.
The choice of each type of surrogacy is usually conditioned by the laws of the countries where we are going to carry out this process and according to the laws of the father in filiation concept. Check the parentage of the father according to her country of origin.
What is filiation in surrogacy?
The parentage in surrogacy?
Affiliation is the legal relationship established between parents and children and from which
derive a series of rights and obligations.
The European Court of Human Rights (ECHR), based in Strasbourg, made it very clear and has issued two judgments, essentially identical in their foundations, condemning the French government for preventing the registration of children born by surrogacy with recognition of their parentage through surrogacy contracted by some french parents. They are the so-called Mennensson and Labasse cases, with which they have established an important doctrine.
“The ECHR, however, considers that the alleged extraterritorial efficacy of such rules is an attempt against the best interests of minors. They state that in this way it deprives themselves of the essential contents of your right to a private life that guarantees the European Convention on Human Rights and Fundamental Freedoms. And it states that you cannot leave them in a situation of legal uncertainty about essential aspects of their same identity, such as nationality and filiation, which would be derived from this refusal to inscription. ”
It is therefore recommended that you if you want to be parents, you contact a GestLife Family Advisor.
The mother in a surrogacy
Who is the mother in a surrogacy process?
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