What Does Surrogate Need to Know in Legal Sense
The statement that the so-called. “Surrogate – Motherhood” is as old as the Bible is not far from the truth. Namely, there can be found explicit examples of what we call traditional surrogacy today. There is a multitude of sources, historical documents, religious and other books, traditions, etc. where we will face the fact that this is not a new phenomenon. Find out more about us on criminal law firm brampton.
From a modern perspective, surrogate – motherhood is one of the reproductive options that is an alternative to in vitro fertilization, when this will prove unsuccessful in a specific case. Surrogacy provokes serious debates, especially for cases of international surrogacy, different regulation, non-recognition of the parentage of those couples who have come to this post through the method, etc., This is especially true when it comes to children’s rights.
But what does surrogacy actually mean? Surrogacy or surrogate – motherhood in general is a child’s birth for another. Surrogate – the mother actually carries and gives birth to the child, and then gives it to other people (usually a married couple who cannot have children for medical reasons) to grow and be his parents.
There are various criteria according to which surrogacy can occur in different types: altruistic or commercial, traditional or gestational, etc. The second division is, in fact, the basic and thus the traditional surrogacy, the surrogate – the mother is actually a biological (and genetic) mother of the child, while in the gestational, the child has no genetic connection with it, that is, it is only a gestational carrier. In fact, precisely because of this in modern legislation that regulates this issue, the term gestational carrier is used, and not a surrogate – mother. But the diversity in comparative law, as well as dilemmas and arguments pro et contra, necessarily opened the issue of human rights in this sphere.
This issue is multidimensional. First, there has always been a history of dilemmas about how a surrogate – mother after birth and handing over the child to other people (his future parents) will feel. Does she not enjoy parental right with the very fact of birth, especially starting from the classical maxim that “the mother is always the woman who gave birth to the child”? It seems that in modern legislation and modern practice this issue is largely a historically overcome problem. Namely, at a time when the traditional surrogate – motherhood was practiced, such questions about her rights were completely justified, because she is the mother who gave birth and whose genetic material is carried by the child.
Today, in countries where it is regulated and / or practiced surrogate – motherhood, only the gestational surrogate – motherhood is dominated and only legally permitted. It is considered that in the absence of any genetic link with the child, the gestation carrier will not have a parental emotional connection with it, especially as it passes through the whole process most often through a series of psychological and legal counseling.