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Commercial Surrogacy: How It Works and Where It Is Legal

Alex Yushin
July 26 2024

Surrogacy is a path filled with hope, anticipation, and often complex financial considerations. Understanding the costs and legal processes associated with surrogacy can help intended parents make informed decisions and embark on their journey with clarity and confidence. In this article, we delve into the specifics and costs of surrogacy worldwide, the stories of people who became parents through international surrogacy, and key statistics to provide a comprehensive view.

What is Commercial Surrogacy?

Commercial surrogacy refers to an arrangement in which a woman agrees to carry a pregnancy for a couple or a single person and is financially compensated for it. This differs from altruistic surrogacy, where a woman carries a pregnancy out of generosity and is not financially compensated beyond medical expenses.

This practice has become more prevalent in recent decades and is usually associated with essential costs. Intended parents and a surrogate sign a written agreement that outlines the intentions and protects the rights of both parties. The document also defines duties, reimbursements, payments, etc.

Commercial Surrogacy: Pros and Cons

If you’re trying to decide whether commercial surrogacy is the right fit for you, there are pros and cons to consider. 

In countries that allow this practice, intended parents and surrogates are legally protected by well-defined laws. The two parties negotiate the terms of the contract in advance, knowing what to expect and avoiding any possible disputes.

On the other hand, commercial surrogacy is more challenging because it’s illegal in most countries. It is also more expensive as it involves financial compensation to the surrogate and medical and legal expenses.

Where is Commercial Surrogacy Legal and Costs

An estimated 20,000 children are born through international surrogacy annually, reflecting the growing trend of cross-border surrogacy arrangements. This trend underscores the importance of understanding different legal and cultural contexts.

Surrogacy costs vary significantly depending on the country, type of surrogacy, and the services included. Generally, these costs cover medical expenses, legal fees, surrogate compensation, agency fees, and additional services such as egg donation and IVF treatments. Each component is crucial in ensuring a smooth and successful surrogacy journey. Let’s look at the countries where surrogacy is legal and the costs.

United States

The US is known for its comprehensive and regulated surrogacy programs. However, these programs cost between $100,000 and $150,000 due to expensive medical care and surrogate compensation. The laws vary by state, but generally, the US offers a robust legal framework protecting all parties involved. This makes the US an attractive option for those prioritizing legal security and medical quality over cost.

Ukraine

Ukraine is a popular destination due to its affordability and favorable legal framework for international surrogacy. The prices vary from $40,000 to $60,000. The country has become a hub for intended parents seeking cost-effective surrogacy solutions without compromising on quality. Ukraine's surrogacy industry has remained resilient and supportive despite recent geopolitical challenges.

John and Lisa, a heterosexual couple from the US, after years of trying to conceive, decided to pursue surrogacy in Ukraine due to its affordability and positive legal environment. They found WCOB (World Center of Baby) through a recommendation. With a total cost of around $55,000, their journey included multiple IVF cycles, legal assistance, and comprehensive medical care for their surrogate. Today, they are proud parents of a healthy baby boy.

John and Lisa deeply connected with their surrogate despite the distance and cultural differences. This bond was strengthened through regular updates, video calls, and the support they received—the joy of holding their baby boy for the first time made every challenge of international surrogacy worthwhile.

Albania

Similar to Ukraine, Albania offers a supportive legal environment for surrogacy. It has become increasingly popular among intended parents due to its reliable medical services and reasonable costs. Albania's legal framework and medical expertise make it a promising option for many.

Thomas and Michael, a gay couple from Germany, turned to Albania after they faced many challenges in their home country due to restrictive surrogacy laws. They chose the "Double Unlimited" program with WCOB, which cost them approximately $164,000 and provided unlimited IVF attempts and medical and legal support. Their dream came true when they welcomed twin girls, making the financial and emotional investment worthwhile.

Thomas and Michael's story highlights the possibilities that international surrogacy can offer, even in the face of legal and social challenges.

Greece

Greece permits commercial surrogacy, providing a legal framework that supports international intended parents. The costs are relatively higher, from $70,000 to $100,000, including comprehensive services and high-quality medical care. Greece's rich cultural heritage and favorable surrogacy laws blend tradition and modernity.

Mexico

Mexico offers affordable surrogacy options, though the legal landscape can be complex and varies by state. It remains a popular choice for intended parents looking for cost-effective solutions. Mexico's proximity to the US and its growing expertise in surrogacy make it an accessible and viable option.

Commercial Surrogacy Ethics

The ethical considerations surrounding surrogacy are complex and multifaceted. Some argue that the industry is mistreating and exploiting women for surrogacy. Others believe that surrogacy empowers women and allows them to make a change in someone’s life and prosper.

While many continue to debate whether commercial surrogacy is a fair and well-intended practice, it has helped thousands of infertile couples, single parents, and members of the LGBT community experience the joy of parenthood. Innovations in IVF, genetic screening, and embryo transfer techniques are expected to improve success rates and outcomes. Additionally, as more countries develop clear and supportive surrogacy laws, the options for intended parents will continue to expand.

Altruistic Surrogacy vs. Commercial Surrogacy

When debating what type of surrogacy to choose, it’s essential to keep in mind that altruistic surrogacy relies entirely on the free will and generosity of the biological mother. In this case, the law is focused more on protecting the legal rights of the surrogate. When there’s no financial compensation, intended parents often refer to a family member or a friend.

But when there’s no one in the family or among friends who is willing to take on surrogacy, or the intended parents don’t want to put pressure on their close ones, commercial surrogacy is a more realistic option. With commercial surrogacy, women are better motivated, and the chances of finding a surrogate in a short amount of time are much higher. The legal provision in a signed contract will protect both parties from disputes and unexpected situations in this process.  
In Conclusion

Surrogacy is a significant financial and emotional investment. Understanding the legal framework and costs and finding a reliable agency is vital to a smooth and successful journey. Despite all the challenges, the experience of many couples and single parents worldwide proves this practice is worth all the effort.

Click here to learn more about international surrogacy and the World Center of Baby.

 

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