More than 40% of our parents are gay couples, or gay single men, who at one point
of their life, have received the call to fatherhood. Surrogacy for
homosexual couples , or for single gay men, is the best way to achieve
paternity, due to the practical impossibility of successfully carrying out an adoption process
international. The number of cases of surrogacy has in recent years exceeded
the number of international adoptions.
Surrogacy for homosexuals (surrogacy for gay), is a practice
which is taking place in fewer and fewer countries. Sadly, as they have passed
Over the years, Doors have been closing: NEPAL, THAILAND, CAMBODIA, LAOS and VIETNAM.
This means that in their day in those countries surrogacy was allowed for
gays, or for heterosexual couples, since in all the countries mentioned, there were no
surrogacy law, but rather used a "legal void" and the constitutional premise
that "what the laws do not prohibit, is allowed", but in said
countries there was no legislation.
Although there are many countries where surrogacy processes can be carried out, not all accept that
gay couples or single men carry out the process in those countries. That greatly reduces
the list compared to heterosexual couples, who have more than 10 destinations to
perform them.
Countries with surrogacy for gays?
Surrogacy for gays
Since its inception, the company has had the philosophy of offering all destinations that were
available for future parents.
We investigate them, we visit them, we open our own offices with our own staff (we are not
intermediaries), and we ensure the quality of the services of the suppliers
intervening.
In this way we are not obliged to offer a single destination, (many "agencies" have only one
destination that they have to defend tooth and nail, advising against the rest of destinations)
and we can really recommend the most suitable destination for the needs of
each parent.
Obviously we want you to do the surrogacy process with us. That's our dedication.
But once you decide to work with us, our priorities are 3:
Avoid making legal mistakes that could jeopardize your process.
Guaranteeing success in the medical part: a healthy baby
Reduce your expenses as much as possible. We prefer that you keep your money for your child, and not
for
intermediaries.
In this way, we are not obliged to offer you a destination, just because we do not have a
better one
to offer you, unlike many of the "agencies".
It is important that the family that wishes to undertake a surrogacy, understand that there are
three types of countries where to carry out a surrogacy process (obviously, there is a
fourth group, which are the countries where it is prohibited to carry out a surrogacy process,
which we will not talk about so as not to waste your time, since they do not contribute anything):
Legislation of surrogacy for homosexuals
Surrogacy for gays
These countries have specific legislation that develops the right of the father or
clients, to carry out a process of surrogacy.
These laws withdraw the rights of pregnant women, to grant them to the intending 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
perform the processes.
They are the countries where a process can be carried out with all the guarantees.
Countries without gay surrogacy legislation
Surrogacy for gays
Following the premise that what is not prohibited is allowed, some agencies offer
Destinations where there is no specific legislation on surrogacy. It's always easy
to find a clinic that is willing to do the process, but often fails
guarantees.
After all, the medical part does not present too many secrets for a fertility clinic.
But a surrogacy is not just about creating a child, but afterwards you have to guarantee
that this child will be ours, and that there will be no legal problems either to leave the country,
or to have it
later in our country.
And that is where in these countries, which lack a specific surrogacy law, the
problems begin. Because since there is no law that annuls the natural rights of the surrogate mother (
"Mother is the one who gives birth", say the majority of laws in the world), in favor of intending parents
, the surrogate in these cases retains all rights over the minor.
In other words, she is the mother for all intents and purposes, and she keeps all of her rights
intact. For
If she wishes, she can prevent the child from being ours, leaving the country, or even
extort money from us asking for huge sums of money. She is the mother and the authorities of her
country as well
they recognize it. We have nothing to do in the courts of her country, if something happens. Thus,
Obviously, we strongly discourage undertaking processes in these types of countries, since they do
not
There are legal guarantees for the intending parents, and the most beautiful of the adventures can
become the worst of nightmares. In this list of countries, Colombia recently appears,
or Guatemala, where there is no legislation of any kind and there are no guarantees at
all.
Countries with altruistic surrogacy legislation
Surrogacy for gays
There are two types of laws in surrogacy:
Altruistic pregnancy: in this type of legislation, a maximum is established for the compensation
that
the surrogate mother can receive, since the law intends that the surrogate mother does not get rich.
In certain countries the figure ranges, from zero, in the previous Portuguese law (currently
annulled by the Constitutional Court of the Portuguese country), or 20,000 Canadian dollars in
Canada. Paying
a higher amount to the surrogate mother carries a crime punishable by jail time.
Commercial pregnancy: although we do not like this name, it refers to the laws that
allows the surrogate mother to be paid compensation agreed between the parties, without
limits.
Hybrid or crossborder programs
Surrogacy for gays
Due to the scarcity of destinations where to carry out a surrogacy process for homosexual couples
or single men, crossborder programs are often created in order to offer a
alternative, but that does not offer the same guarantee as a country where there is legislation.
They are usually
programs that start in one country and end in another, in order to comply with the laws of both
countries. They are not illegal programs, however as we have said, they do not offer the same
legal guarantees
than those that take place in countries where there is a specific surrogate gestation law.
Surrogacy for gays
In Russia with child birth in Prague (Czech Republic)
The existence of this type of surrogacy program demonstrates the reality that
They can do surrogacy processes in Russia for gay men. However, as
We have said, the end of the program takes place in a European country, where there is no specific
law
of surrogacy. Some parents turn to this program if they can't recur to another, or
because the process takes place in the end in a country within the Schengen area which allows
the return to the country of origin with some ease. Consult with your family advisor in Gestlife, who will
help you compare the programs, and explain the advantages or disadvantages of each
one.
Surrogacy in Kenia
Surrogacy for gays
This type of process is reserved for Kenyan citizens, and does not offer any guarantee to
foreign citizens. Once again the surrogate mother has rights over the baby.
Surrogacy in Russia
With the baby being born in Canada
Faced with the practical impossibility of finding surrogate mothers in Canada, some agency had "the
brilliant
idea ”of carrying out in vitro fertilization processes with a Russian mother, and once pregnant,
send it to CANADA.
This system, which may seem original and practical, violates Canadian law, since
no Russian mother accepts financial compensation for a surrogacy program for
below 20,000 euros (entirely for her) for what is being
violating Canadian law.
The fact that the payment to the surrogate mother is made in Russia does not exempt the crime since
the process is
taking place in CANADA where the child would be born, and therefore we would be subject to
the
laws of that country, and not those of Russia.
Fatherhood changed our lives. There was a before, and an after. And the after,
it was much better. So neither short nor lazy, we started this subject years ago of making the
unreal real, the impossible possible. Today we are more than 100 people in 7 countries.
