International Surrogacy Laws

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As social funding cuts hit across Europe, access to infertility services decreases (and prices greatly increase). As a result, increasingly more foreign couples are visiting Ukraine to arrange for gestational surrogacy.

While Ukrainian legislation is quite liberal, returning home with their child may present new problems because each country has different laws regarding what is allowed or forbidden in regards to surrogacy. Some countries ban surrogacy outright, including Germany, Sweden and France. Authorities in the U.K. have also been known to present legal roadblocks.

Despite the growth in international surrogacy, there is no international regulation of surrogacy or minimum standards to which nations must adhere. Moreover, there are no international surrogacy , or reciprocal arrangements for the recognition of the legal parentage of a child. Thus, a parental order obtained, for instance, in California will not be recognized in England.

Some countries demand evidence that at least one parent of the child has a genetic relationship with the child, usually by DNA testing, while other countries insist on seeing the legal release of the child by the husband of any married surrogate (which makes the use of a single surrogate mother more attractive). Where surrogacy follows a gifted embryo and neither new parents are genetically linked obtaining citizenship and travel document becomes far more difficult and protracted, even into U.S. In any event, compliance with numerous regulations and formalities takes months and greatly adds to the stress of the intended parents.

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