International Surrogacy Laws: Understanding Legal Differences Across Borders

What is International Surrogacy?

International surrogacy is simply when Intended Parents look abroad to match with their surrogate. This might look like a United States based couple that hasn’t found a local match up to their strict requirements, or a couple living abroad in a country that doesn’t fully support surrogacy as an option. In this case, they may reach out for help within the U.S. where surrogacy is more commonly practiced.

While this will open up your options and speed up your search for a surrogate, with these types of agreements it’s imperative that you have a full understanding of the laws involved, including in your local area, and your surrogate’s location.

Failure to understand these laws can lead to legal disputes, delays, and more. Before committing to a surrogate agreement with a gestational carrier in another country, always consult with an international surrogacy lawyer and other experts in this area to ensure you are aware of all important considerations.

Pros of Working with an International Surrogate:

There are many benefits to expanding your search area for a surrogate. In fact, if surrogacy is illegal or limited where you currently live, then it might be your best or only option. Here are a few reasons you might want to explore it:

You May Find a Match Faster

When you open up your search beyond just your country, you’ll have a higher chance of finding a surrogate that meets all your standards. This could be particularly helpful for Intended Parents with a strict list of requirements who are struggling to find a match in their own country.

The Cost of Surrogacy May Be Lower

Depending where your surrogate is located, you may pay less by using an international surrogate. Services that are performed in the United States are often much higher than in other countries, so expanding your search internationally might save you some money.

(Important to note: In some cases, there is the possibility that the cost is lower because you are not receiving as thorough of services, or complete medical and background screenings. It may also be the case that your surrogate is not being properly compensated. These are details you should confirm before the process begins to make sure that your surrogate journey is ethical and transparent.)

You May Receive Better Medical Care

For those in countries outside the U.S., looking for an American surrogate, they may have the benefit of advanced medical opportunities. The U.S. has very good IVF doctors and a high rate of success compared to other countries. This can minimize the chances of having to repeat the fertilization process, spend extra money, and lose time over a repeat procedure.

Problems with International Surrogacy

While there are many benefits to taking your search overseas, there are definitely things to watch out for. Here are a few considerations to think about when it comes to working with an international surrogate:

Communication Issues

Problems with communication can lead to more serious issues. Misunderstandings can lead to broken trust or your surrogate entering into an agreement that she is not comfortable with. These little miscommunications can ruin relationships and create difficult circumstances for everyone involved.

Logistics

If anything, you’ll be running into a number of logistical details that may add to an already complex situation. You will need to coordinate transportation, schedules, visits and lodging, in addition to an unfamiliar healthcare system and foreign laws. This can easily become complicated, so it’s best to understand what’s required before fully jumping in.

Establishing Parental Rights and Citizenship

Because of conflicting laws between various countries, making sure that the Intended Parents are legally established as the baby’s legal parents will be a longer and more complicated process.

Emotional Distance

It goes without saying that having your new baby start its life in a country far away from where you live may be nerve-wrecking. You’ll need to evaluate your emotional needs beforehand and create a plan in case circumstances become too difficult for you. For example, planning a few visits to your surrogate’s country later in the process so you can feel more involved in the surrogacy process.

Legal Considerations for Intended Parents

Your main concern when involved in an international surrogacy agreement is to make sure all your paperwork is in order in order to prevent problems. You can minimize the friction of legal issues by doing your research ahead of time and matching with a surrogate from a country that does not consider surrogacy illegal.

There are many countries that are popular for surrogacy where the laws will work more in your favor, making the entire process much easier.

There are also varying levels of what a country considers ‘legal’. For example, in Ukraine, while surrogacy is legal, there is some fine print. The Intended Parents must be a heterosexual couple that is married, and there must be a genetic link to the child through either the mother or the father when it comes to the egg or sperm used in the procedure.

This is why it’s critical to do your due diligence to confirm all details and laws before moving forward. Some specific areas you’ll want to research in your chosen country include:

Parental Rights: How legal parentage is established in the country you are working with.

Contracts: How your surrogacy agreement will be enforced across borders.

Citizenship: How your baby’s nationality will be determined.

Ethical Issues: Is your surrogate receiving fair compensation, protection, etc.

Understanding Surrogacy Across Borders

Choosing to match with a surrogate in another country has its ups and downs. The matching process and financial investment may become easier, while the legal and logistical details become much more complex. Whether or not this is worth it for you will be a personal decision you’ll have to make for yourself.

If you’re considering a surrogacy abroad, with or without an international surrogacy agency, Surrogacy Simplified can help guide you through this complicated journey. To connect with our founder Jessie to learn more, you can book a complimentary discovery call with her today. We are excited to hear about your surrogacy goals!