Family & Relationships Other - Family & Relationships

Surrogate Legality

There are two types of surrogacy; traditional surrogacy and gestational surrogacy.
In Traditional surrogacy the mother uses her own egg and the sperm is introduced via artificial insemination.
Genetic surrogacy is where the surrogate carrier carries the eggs/sperms of the commissioned couple.
Gestation surrogacy is done through vitro fertilization (IVF); this is where the fertilized eggs of the commissioned woman are implanted on the uterus of the surrogate carrier.
One of the most important decisions to make is whether to go for the traditional surrogacy or the genetic surrogacy.
In the past the only way to use a surrogate was through traditional surrogacy.
Many people still use traditional surrogacy since artificial insemination in not difficult, it's rather painless, and not very expensive as IVF.
The disadvantage of traditional legality is the fact that there is a genetic link between the child and the surrogate carrier.
This has lead to incidences where the surrogate carrier feels that they cannot relinquish the child since they are related.
When the surrogate mother refuses to give up the baby this usually gives rise to law suites.
Courts rarely side with the intended mother and most cases the child is given to the surrogate mother.
Traditional surrogacy does not offer much legal protection as gestation surrogacy.
Although gestation surrogacy offers more legal protection, it is a very expensive and complicated procedure.
The main advantage of gestation surrogacy is the fact that the child is genetically linked to the intended parents.
Through IVF the eggs of the intended mother and the sperms of the intended father are fertilized in the lab and implanted on the surrogate mothers uterus through a catheter.
The difficult part of the procedure is not transferring the embryo but the medical interventions needed before making the transfer.
The surrogate mother is given daily injection of hormones so to suppress her ovulatory cycle and then injection of estrogen which serve the purpose of building the uterine linings.
She is also given injections of progesterone daily which help sustain the pregnancy.
There are various side effects that the surrogate mother will experience as a result of these medications such as mood swings, hot flushes, drowsiness and constant headaches.
Gestation surrogacy is a very expensive procedure since each IVF cycle costs thousands of dollars.
In case the first transfer fails, there is a wait period of several months before the second attempt of transfer.
There is also a higher percentage of miscarriage using gestation surrogacy.
The chances of successful pregnancy using traditional surrogacy are higher than gestational surrogacy.
The law relating to surrogacy varies from state to state.
When a couple is looking for a surrogate, it can take between 1 to 3 months, depending on the requirements.
If you are very specific about the geographic location and the ethnicity of the surrogate mother, the time frame could extend.
When the child is born, there is a duration period of three days upon which the parental status needs to be affirmed.
The court will examine the Gestation surrogacy Agreement and then orders the Department of vital statistics to issue a birth certificate which names the commissioned father and mother as the parents of the child born.

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