Surrogacy

Surrogate: A surrogate mother is one who, usually by artificial insemination or by introduction of a fertilized egg (hers or that of a donor or the mother who will raise the child) into her uterus, becomes pregnant and carries a baby to term for another woman. Pasted from <[|http://www.pbs.org/wgbh/nova/baby/glossary.html#surrogate] The term surrogacy is used when a woman carries a pregnancy and gives birth to a baby for another woman. Opinion on the morality of surrogacy is divided. Surrogacy is legally accepted in some countries such as UK as a treatment option for selected groups of patients. However, surrogacy is still not allowed in many countries. Legislation governing surrogacy varies between countries and even in same country such as the USA, where policies vary between states. Religious attitudes to surrogacy varies. Roman catholic and Anglian Christian do not accept surrogacy because it contrary to the unity of marriage. Islam forbids surrogacy (pregnancy should be the fruit of a legitmate marriage). Surrogacy is not forbidden in both Jewish and Buddhist. Surrogates can be divided into natural surrogates and IVF surrogates. IVF surrogacy (gestational carrier) - full surrogate This is where a woman carries a pregnancy created by the egg and sperm of genetic couple. The carrier is not genetically related to the child. Natural surrogacy (traditional/straight surrogate) Here, the surrogate is inseminated with sperm from the male partner’s of an infertile couple. The child that results is genetically related to the surrogate and to the male partner but not to the commissioning female partner. To whom surrogacy is advised? There are several groups of patients that natural and IVF surrogacy may be advised to. IVF surrogacy Traditional surrogacy Surrogacy for social reasons such as the inconvenience of carrying a child, fear of pregnancy or interrupting a career is not accepted. Women who agree to become a surrogate may do so for compassionate reasons to help a sister, daughter or friend. Some women may agree to become surrogates for financial remuneration. However, commercial surrogacy is not allowed in the United Kingdom. Between 30-40 IVF surrogacy procedures are carried out annually in the United Kingdom. Pasted from <[]> SURROGACY ACT 2010 [] Screen clipping taken: 21/10/2010 10:18 PM 5 Main objects of Act The main objects of this Act are-- (a) to regulate particular mailers in relation to surrogacy arrangements including by prohibiting commercial surrogacy arrangements and prox idmg in particular circumstances for the court-sanctioned transfer of parentage of a child born as a result of a surrogacy arrangement; and (b) in the context of a surrogacy arrangement that may result in the court-sanctioned transfer of parentage of a child born as a result- (i) to establish procedures to ensure parties to the arrangement understand its nature and implications; and (ii) to safeguard the child’s wellbeing and best interests.
 * Women whose ovaries are producing eggs but they do not have uterus this could be because they have had a hysterectomy (removal of uterus) performed due to cancer, severe hemorrhage or ruptured womb, or they were born without a uterus. This is by far the most common indication for IVF surrogacy.
 * A woman whose uterus is malformed or damaged and is incapable of carrying a pregnancy to term, may be recommended IVF surrogacy.
 * Women who suffer from medical problems such as diabetes, heart and kidney diseases and in whom a pregnancy would be life threatening. However, their long term prospect for health is good.
 * Repeated miscarriages where the causes of miscarriage have been fully investigated, may also suggest IVF surrogacy treatment.
 * Women who have no functioning ovaries due to [|premature menopause] ( some may argue that the best option for these patients is [|egg donation]).
 * A woman who is at risk of passing on a genetic disease to her offspring, may opt for traditional surrogacy.
 * As with IVF surrogacy, women who suffer from medical problems such as diabetes, heart and kidney diseases and in whom a pregnancy would be life threatening may select traditional surrogacy if their long term prospect for health is good.

SURROGACY ACT 2010 - SECT 6 6 Guiding principles (1) This Act is to be administered according to the principle that the wellbeing and best interests of a child born as a result of a surrogacy arrangement, both through childhood and for the rest of his or her life, are paramount. (2) Subject to subsection (1), this Act is to be administered according to the following principles-- (a) a child born as a result of a surrogacy arrangement should be cared for in a way that- (i) ensures a safe, stable and nurturing family and home life; and (ii) promotes openness and honesty about the child’s birth parentage; and (iii) promotes the development of the child’s emotional, mental, physical and social wellbeing; (b) the same status, protection and support should be available to a child born as a result of a surrogacy arrangement regardless of- (i) how the child was conceived under the arrangement; or (ii) whether there is a genetic relationship between the child and any of the parties to the arrangement; or (iii) the relationship status of the persons who become the child’s parents as a result of a transfer of parentage; (c) the long-term health and wellbeing of parties to a surrogacy arrangement and their families should be promoted; (d) the autonomy of consenting adults in their private lives should be respected.

SURROGACY ACT 2010 - SECT 7 7 Meaning of surrogacy arrangement (1) A surrogacy arrangement means an arrangement, agreement or understanding between a woman and another person or persons under which-- (a) the woman agrees to become, or try to become, pregnant with the intention that- (i) a child born as a result of the pregnancy is to be treated as the child, not of the woman, but of the other person or persons; and (ii) the woman will relinquish to the other person or persons custody and guardianship of a child born as a result of the pregnancy; and (b) the other person or persons agree to become permanently responsible for the custody and guardianship of a child born as a result of the pregnancy. Note- Section 7ft) sets out only the minimum requirements for a surrogacy arrangement. There are many additional requirements which must be satisfied to obtain a parentage order under chapter 3. For example, independent legal advice must be obtained before entering into a surrogacy arrangement ij’transfer ofparentage of the child born as a result of the arrangement is desired--see section 22(2ýeft’i,). (2) There may be other parties to a surrogacy arrangement, for example, the woman’s spouse. Notes- 1 The woman ‘s spouse (if an» must be a party to the arrangement if transfer ofparentage of the child born as a result of the arrangement is desired--see section 222ýefliy. 2 Spouse is defined in the 4cts Interpretation Act 1954, section 36 to include a de facto partner. (3) Also, there may be other matters dealt with in a surrogacy arrangement.

15 Enforcement (1) A surrogacy arrangement is not enforceable. (2) However, an obligation under a surrogacy arrangement to pay or reimburse the birth mother’s surrogacy costs is enforceable unless-- (a) a child is born as a result of the surrogacy arrangement; and (b) the birth mother- (i) does not relinquish the custody and guardianship of the child to an intended parent; or (ii) on an application (if any) for a parentage order in relation to the child, does not consent to the making of the order.

SURROGACY ACT 2010 - SECT 15 15 Enforcement [] Screen clipping taken: 21/10/2010 10:24 PM


 * Surrogacy in QLD **