Medical concepts of a surrogacy

Surrogacy faq extended information

In a surrogacy process in the UK the surrogate mother is a woman who offer her ability to bear the child of another person / s or partner / s. Her function is to gestate and give birth to the child of the future parents. The surrogate mother will never bring her own eggs, in this way she will establish no genetic relationship with the child. In fact, in most countries it is forbidden by law for the surrogate mother to contribute her own genetic material. If future parents cannot contribute gametes they must resort to donation of gametes.

In the surrogacy processes they are also called the future parents or parents of intent, since it is the person or people who have tried for years to have a biological or adoption child, either naturally or through the in vitro process and have not succeded.

Intent parents are types of couples and people of different social status or sexual preference as both single women or heterosexuals couples struggling with infertility and the inability to have a child who cannot have a full-term child on their own, due to the infertility or health risks. Or Even single men o Couples of gay men who are looking for a child and cannot resort to adoption. It is for this reason that they resort to the misnamed belly of rent.

In order to choose the best place to fulfill the dream of being a parent, We recommend that you contact a GestLife family advisor.

Since in some European countries (the UK, France, Italy, Germany, etc) the surrogacy process is not regulated, a filiation process is required.

In Vitro Fertilization (IVF) is the assisted reproductive technique used in the surrogacy , in which the ovules and sperm are used, giving rise to the embryos that will be transferred in the womb of the surrogate mother.

In a surrogacy process, yes. If you are a woman and you will be the future mother. You can choose an individual program with your own eggs.

In a surrogacy process, yes of course. Whether your partner is female or male can resort to egg donation. In these cases the programs more indicated are programs with donor eggs with unlimited attempts.

If you are interested in knowing more about the price of surrogacy in the UK , we invite you to contact us to reserve a free telephone consultation. We recommend that prospective parents consult with a lawyer specialized in fertility before proceeding to carry out a program of surrogacy.

It is a Gestlife surrogacy program in the UK in which the clinic bears the expense of the number of attempts that are necessary, all the cycles and embryo transfers until you achieve a surrogacy pregnancy. The advantage is that you pay a fixed price for IVF treatment.

A surrogacy process is always recommended in these cases perform an invite fertilization with ICSI, whether concentration or mobility it is low. To this must be added the issue related to sperm morphology When we find abnormal cases, we must assess the possibility of Preimplantation Genetic Diagnosis.

If you are interested in knowing more about the price of a surrogacy in the UK with Preimplantation Genetic Diagnosis, we invite you to contact us to book a free phone consultation. We recommend to future parents who consult with a fertility attorney before proceeding with carry out a surrogacy program in the UK .

For a surrogacy process in the UK in these cases you must put in contact with our geneticist who will specify the presence / absence of gene alterations responsible for a hereditary disease of couples carriers of genetic pathologies. It will be due to certain DNA sequences of specific shape.

If you are interested in knowing more, we invite you to contact us to book a free telephone consultation and explain your case to us and we can see how we can help you.

In a surrogacy process, Genetic Diagnosis Preimplantation (PGD) is a laboratory technique that allows studying the DNA of embryos and rule out those with certain hereditary alterations. This technique is especially useful when there is a history of disease genetic or chromosomal in the family and is carried out within programs of In Vitro Fertilization. Or when we want to know the sex of the baby or ensure that the implanted embryo has no genetic abnormalities.

In a surrogacy process, it is indicated for all people who wish to carry out a preventive study of the embryos before implantation the embryo to the surrogate mother. This study allows us to review the 23 pairs of chromosomes, in order that they can have a healthy child.

In a surrogacy process with PGD, it is possible to study those preexisting conditions within the family bond or study more frequent anomaly such as trisomy 21 or Down syndrome, which is always accompanied by a significant degree of intellectual deficit and allows relatively long survivals.

Trisomies 13 and 18 have a very high mortality, both in utero and at birth. The live newborn with trisomy 13 (causes Patau syndrome: the child has three copies of genetic material from chromosome 13) usually dies in the first hours.

In trisomy 18 (Edwards syndrome), only very rarely can reach the year of life. The second alteration in frequency, after the Down syndrome, is Turner syndrome, which consists of the loss of a sexual chromosome.

In a surrogacy process, sex selection is knowing the sex of the baby before carrying out the embryo transfer in the uterus of the pregnant. The Preimplantation Genetic Diagnosis technique must be performed, in the that chromosome information is studied, including the XX and XY chromosomes. This technique is the only 100% proven effective method to determine the gender of your future child.

In a surrogacy process in the UK, selection of the sex is not allowed. Among the countries that allowed sex selection is Ukraine. For years it has maintained a very open and comprehensive legislation on assisted reproduction to explore the causes of infertility.

A surrogacy process in the UK usually lasts between 12 and 18 months starting from the signing of the initial contracts. From there everything will depend on the time we need to achieve pregnancy by surrogacy and for it to reach good port.

In a surrogacy process this statement is totally false. In countries where there is legislation on surrogacy (except for the United Kingdom) do not allow the surrogate mother to stay with the child.

This is already reflected by contract before starting the treatment. Often this Concept error comes because the country of the intended parents requires a resignation before a notary. This may suggest that there is some possibility for the surrogate mother and it is due to the fact that in the country of the intended parents, there is no law respect, and in an attempt to “adapt” the case to its current legislation, it assimilates it as an “adoption” by the second spouse, and adoptions require the resignation of the biological mother. Therefore, in Ukraine the surrogate mother does not have any right over the baby.

In a surrogacy process, the largest number of surrogate mothers argue that among the main reasons is the fact of helping another woman who cannot have a child, to be a mother. They are mothers themselves, and they understand how a mother feels if she can't be that. After all, their child is everything to them, and they could not live without their son.

This makes them empathize enormously with those who cannot have children. Money is not everything. It may be that a surrogate mother among her reasons is economic. But in GestLife we analyze each case, to be sure that among her motivations the economic one is not the only one.

During a surrogacy process, the surrogate mother lives at home, with her family, which allows her to have the emotional balance and affection of her family.

In a surrogacy process, the first method of selecting the surrogate mothers is through the psychological interview. In many countries the review of a psychiatrist is mandatory and they have to provide proof such as toxicological certificate or criminal certificate.

If they pass the psychological tests, the medical part begins. In the Review with the reproductive doctor, other tests are done and it is concluded with a diagnosis.

If the results of the tests are not within the norm, the reasons why it is not recommended to carry out this treatment are communicated to the surrogate mother.

In the event that the results are positive, this leads to participation in the surrogacy program, and the reproductologist prepares a plan of treatment.

In a process of surrogacy among the tests we have: Uorography. - Therapeutic examination and its report on the state of health. - Consultation of the psychiatrist. - Genetic consultation. - Blood test for RW, HIV, НвsAg, hepatitis C. - Blood group and Rh factor. - The complete blood test. - Hemostasiogramm. - Chemical blood test. - Cytogenetic detection. - Urine analysis. - Smears on the flora. - Cytological examination of the neck smear uterine. - Examination of the pelvis. - Ultrasound examination of the pelvic organs. - Exam cervical canal materials (chlamydia, mycoplasma, ureaplasma, gonorrhea, HSV, CMV). Among many others.

It is a Human Assisted Reproduction Technique (ART).

In vitro fertilization (IVF) treatment is one of several techniques available in the surrogacy processes to help couples and individuals struggling to have a baby.

During IVF treatment, eggs are removed from the ovaries of the woman and are placed in vitro (in a test tube, which is where it comes from the word "vitro"). The egg is then fertilized by sperm in a laboratory. The egg fertilized by sperm is called an embryo and is implanted in the surrogate mother's uterus, where it is expected to develop into a healthy pregnancy and a gestational surrogacy.

Along with the IVF treatment, the intracytoplasmic sperm injection (ICSI) is carried out in the laboratory. This treatment involves injecting a single sperm directly into the egg. ICSI is recommended for couples in which the man has a low number of sperm cells or a low mobility of the same, which makes it less likely the sperm to fertilize the egg by themselves. And that's why we recommend it against artificial insemination.

Remember that, in traditional surrogacy, the surrogate mother uses her own ovum so that an insemination can be carried out artificially.

Since in the traditional or partial gestational surrogacy the surrogate mother does not have any biological link to the baby, an invitro fertilization (IVF) is performed with the egg of the future mother or a donor and the sperm of the future father.

Legal concepts of a surrogacy

Surrogacy extended information

In our country, article 10 of Law 14/2006, of May 26, on Techniques of Assisted Human Reproduction establishes that a contract by which the pregnancy (with or without price), by a woman who renounces her parentage maternal in favor of the contractor or third party is null and void.
However, the European Court of Human Rights (ECHR) recognizes that, although this particular reproductive technique is illegal or not regulated in Spanish territory The families that carry out this process must be recognized as the filiation of the child born by surrogacy.
Therefore, in a surrogacy process in the UK and the rest of the countries in Europe should not deprive children born abroad for surrogacy of this right. Therefore, these countries must recognize the parentage in the country of origin of your intended parents.

In a surrogacy process in the UK the contracts signed for fathering a child by surrogacy are not recognized by law current Spanish, being totally null.
Fortunately, surrogacy is legal in other countries such as Ukraine, Russia, Georgia, Kazakhstan, Greece, United States, etc, ... Among others.
The Spanish constitution does recognize the right to the natural faculty of each person to be, individually, who wants to be, without coercion, or controls unjustified or impediments. And in this sense, Title I the Constitution Spanish that speaks of fundamental rights and duties, article 10, could be applied both from the point of view of the intended parents as well as that of the surrogate mother: both have the right to be and act as they wish, freely making use of her body.

In a surrogacy process there are two differentiated cases, in the countries that contemplate a judicial sentence before or after the birth of our son / daughter.

For example, in Greece since, in that country, the process is carried out under the tutelage of a court, and the Greek government issues a court order of filiation, the Spanish government admits the registration of children born by surrogacy in Greece, in the name of the two intending parents, without subsequent adoptions, nor waiting time.

In a surrogacy process in countries where we do not obtain we have a sentence, since last February 2019, after several attempts by part of the government to prevent surrogacy in our country, and to have passed several crises about the possibility or not of registering in the Spanish civil registry children born by surrogacy.

Finally, an instruction was issued on February 18, 2019, in which it prevents definitively register the children in the consular civil registry, preventing this way that we can return to the UK as Spanish citizens in a immediate.

The instruction itself already indicates that “The applicant may obtain, if he proceeds, from the local authorities the passport and permits of the minor to travel to the UK. A time in the UK, in order to ensure that all the guarantees are met with the necessary rigor of evidence, the corresponding file must be initiated for the registration of the filiation, with the intervention of the Public Prosecutor's Office, or file the legal actions to claim said affiliation. "

This means, on the one hand, that there is a surrogacy process. we will have to carry out legal procedures in the country of the baby's birth aimed at obtaining a passport from that country, such procedures require the intervention of lawyers.

Once we have returned to the UK, and as a consequence of the fact that we have not been recognized filiation of the child, for not registering the consulate, nor the civil registry in the UK, we must file a claim of filiation in Spanish courts, (previously non-existent) to be filed by the father principal so that the paternity of the father is recognized, and thus the Spanish citizenship to our son / daughter.

Last September, the European Court of Human Rights (ECHR), which already had condemned France in 2014 for considering that it was leaving “in a situation of legal uncertainty ”to minors.

They replied that in the interest of children born by surrogacy, France had to acknowledge some kind of affiliation to the intended parents.

The court considered that, if they did not want to literally transcribe the records of original births, the route of adoption proposed by France was acceptable and which is estimated to be the one proposed by the Government as a standard for the future. Without However, in view of the past tense - the Mennesson's daughters are already older than age - the Supreme Court has decided that with this family this route was no longer adequate and has ordered, only “in this specific case”, that the “transcription of the foreign birth certificates ”- where Sylvie Mennesson is listed as“ legal mother ”- in the French registry to “recognize the bond within the framework of respect for the children's right to private life ”.

In a surrogacy process, maternity leave is closely connected with the fact of childbirth. To get permission from maternity, the mother has to deliver a medical report stating that she she has been the one who carried out the pregnancy and gave birth. In the cases of surrogacy is impossible to obtain such a medical report since it has been given Giving birth through a pregnancy by gestational surrogacy.

Thus, surrogacy is not protected by the articles 48.4 and 45.1 d) of the Workers' Statute, nor in article 177 and following of the LGSS, and not in Royal Decree 259/2009 of March 6, which is is in charge of regulating the economic benefits offered by the Security Social for maternity, paternity, risk during pregnancy and risk during lactation. , that is, it does not consider surrogacy as an option for maternity leave.

However, the INSS, in application of the sentence: STS, Sala de lo Social, of 16 November 2016, judgment number 953/2016 issued by the plenary session of the Chamber in doctrine unification, despite the absence of childbirth, assuming the doctrine judicial without distinction on grounds of sex, and setting guidelines for action, will allow the application of the regulations governing maternity benefits, despite not being for the moment expressly provided for in current regulations but with some criteria.

For a surrogacy process in countries such as Ukraine and Russia, although the legal mother of the child, is the intended mother, it is not for the UK, and the parentage Initially, the principal will be determined, and later it is adopted by the other parent with whom she already had a marital or analogous relationship.

In these cases, it is not possible for the maternity benefit to be granted to both parents, one at the time of recognition of the parentage and the other by the adoption. According to the current criteria followed by Social Security, which is not an obstacle to establish new criteria, the right to maternity benefit, It will only correspond, if they meet the requirements, to the parent who initially parentage (father) was determined. The other spouse can only enjoy the provision if the deadlines established for the enjoyment have not yet elapsed shared (112 days) if the adoption occurs within this period, so he will be able to enjoy the remaining days. Thus the things, we have to say that the low by maternity have effect from the fact that is the birth of the baby, or from the judicial resolution that determines the filiation. The low by Maternity is not a leave in itself, it is an termination of the employment contract, therefore that the employment relationship is extinguished between the employer and the employee (it is more to a leave of absence).

In this case, the mother or client partner will not have the right to enjoy the maternity benefit, except for the terms that may be Shared.

In a surrogacy process in countries such as Greece or the United States (Florida), the intending mother is the legal mother of the minor in the country of birth and also in the UK. They are countries in which parentage is determined by judicial resolution and the UK recognizes it without problems.

So the intending mother is also listed as legal mother in the certificate of birth and in the relative family book. In these cases she has not yet Since the medical report on childbirth exists, there is now a clear precedent that has unified the doctrine therefore the right to maternity leave is indisputable, and The criterion followed by Social Security is that of application of article 23.3 Royal Decree 295/2009, of March 6, which regulates benefits economic benefits of the Social Security system for maternity, paternity, risk during pregnancy and risk during breastfeeding. In cases where There is only one parent, in the process, if he receives the subsidy for maternity, he will not be able to accumulate the paternity allowance, since both benefits cannot be assigned to the same person.

In case of shared enjoyment of the rest periods or permissions for maternity, the condition of beneficiary of the paternity allowance is compatible with the receipt of the maternity allowance, provided that the beneficiary complies all the required requirements.

We inform that due to the changing nature of this issue it is possible that this information may have changed over time.

If you are interested in knowing surrogacy prices in the UK or more about the pregnancy losses due to surrogacy, we invite you to get in touch Contact us to book a telephone consultation. We recommend to future parents who consult with a specialized lawyer before proceeding to carry out request any maternal or paternal leave benefits for a child born by surrogacy.

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