Define: Surrogate Carrier

A surrogate carrier, also known as a gestational carrier, is a woman who carries and gives birth to a child on behalf of another individual or couple. The child is not genetically related to the surrogate carrier.

Surrogacy laws vary by country and even within different states or regions. In some jurisdictions, surrogacy is fully legal and regulated, while in others it may be partially or completely prohibited. It is important to consult with a legal professional to understand the specific laws and regulations in your jurisdiction.

In traditional surrogacy, the surrogate carrier is also the biological mother of the child, as her own egg is used for conception. In gestational surrogacy, the surrogate carrier has no genetic connection to the child, as the embryo is created using the intended parents’ or donors’ genetic material.

Surrogacy agreements are typically legally binding contracts that outline the rights and responsibilities of all parties involved, including the intended parents, surrogate carrier, and any egg or sperm donors. These agreements are enforceable in court and provide legal protection for all parties.

The legal rights and obligations of the surrogate carrier are typically established in the surrogacy agreement. If the agreement is properly drafted and executed, it should address the issue of parental rights and prevent the surrogate carrier from changing her mind and keeping the baby.

The legal requirements for becoming a surrogate carrier vary depending on the jurisdiction. Generally, a surrogate carrier must be of legal age, have given birth to at least one child, and undergo medical and psychological evaluations to ensure she is physically and mentally capable of carrying a pregnancy.

Compensation for surrogate carriers is a complex issue and varies depending on the jurisdiction and specific circumstances. In some places, surrogate carriers may receive financial compensation for their time, effort, and any associated expenses. However, it is important to note that commercial surrogacy is illegal in some jurisdictions.

Yes, same-sex couples and single individuals can use a surrogate carrier to have a child. The eligibility of intended parents is typically determined by the laws and regulations of the jurisdiction in which the surrogacy takes place.

The legal rights of intended parents in surrogacy arrangements are typically established through the surrogacy agreement. These rights may include the right to make medical decisions for the child, the right to be named as the child’s legal parents on the birth certificate, and the right to establish a legal parent-child relationship.

International surrogacy arrangements can be complex due to the varying laws and regulations across different countries. It is crucial to seek legal advice to understand the legal recognition and implications of international surrogacy arrangements, including issues related to citizenship, immigration, and parental rights.