Responsible Surrogacy

Information regarding the ethical aspects of the process

Few countries in the world (including Israel) have explicit legislation regarding surrogacy in their territory. Many others have prohibited surrogacy for money, and sometimes even altruistic surrogacy, by law. Between these two polars, there are many countries where surrogacy is not banned, in the absence of explicit laws prohibiting it, but is unregulated. The significant differences between countries (and US states) affect the surrogate’s ability to enforce the contract and her approach to proper medication, as well as the legal parenthood of the child. In a country where surrogacy is unregulated, the contracts between the parents and the surrogate and between the agency and the surrogate may not be enforceable. In such a case, the surrogate will not be able to go to court in case of violation or if she feels she is entitled to compensation for damage cause to her by the process. These restrictions can affect the legal protection the surrogate receives. We encourage parents to get acquainted with the laws and regulations in the country where the surrogacy is held and, if necessary – to incorporate in their agreements specific clauses referring to the ethical aspects covered by this site that might not be regulated or enforced by the state unless explicitly stated.

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