For many childless couples and individuals, surrogacy can provide one of the only ways of having a genetically related child. But, this fast-growing and increasingly global industry has no international guidelines. The surrogacy debate is at the intersection of law, ethics, science and public policy, prompting countries to take different stances on the controversial topic.
- Surrogacy is the practice in which a woman bears a child on behalf of another woman — either from her own egg fertilized by the other woman's partner, or from the implantation in her uterus of a fertilized egg from the other woman.
- The first successful in-vitro fertilization (IVF) procedure happened in 1978, beginning the now-widespread surrogacy industry. Since then, the practice has seen a steep increase — it's estimated that half of all surrogate births have happened over the last six years.
- Surrogacy laws vary worldwide. Some countries choose to regulate the practice, while others have decided to ban all forms of surrogacy. Countries that don't allow surrogate births include China, Germany, Italy and Japan.
- Canada, Denmark, Ireland, Israel, the Netherlands and United Kingdom permit altruistic surrogacy, where the surrogate does not receive financial gain, and is only paid for the expenses accrued during the pregnancy.
- In Canada, it's illegal to pay (in cash, goods or services) a surrogate mother under the Assisted Human Reproduction (AHR) Act. But, a surrogate can be repaid for out-of-pocket costs (with a receipt) directly related to her pregnancy: maternity clothes, food, travel for medical appointments and medications.
- Violation of the AHR Act can cost those paying for reproductive services a penalty of up to $500,000 and/or imprisonment for up to 10 years.
- February 2013 marked the first time Canada's AHR Act was enforced. The RCMP charged Leila Picard of the Canadian Fertility Consultants for buying or offering to buy sperm or eggs and the services of a surrogate mother, while also taking money to arrange those services.
- India, Ukraine, Russia and some U.S. states have commercialized surrogacy, where the surrogate is paid for her services on top of reimbursement for expenses.
- Outsourcing commercial surrogate birth abroad (reproductive tourism) is a controversial topic. Many suggest the practice can exploit women in poorer countries who are given too little compensation compared to women in more developed countries for the same services. That's why India banned foreign commercial surrogacy in October 2015.
- A successful surrogate pregnancy can cost up to $120,000 in the U.S., and can be even higher if multiple IVF attempts are required. In India, a surrogate birth costs much less: around $30,000.
- The Permanent Bureau of the Hague estimates that the industry grew by 1,000 per cent internationally between 2006 and 2010. Today, commercial surrogacy is estimated to be a US$6 billion industry worldwide.
- While most surrogate clients are married heterosexual couples with a medical need for surrogacy, intended parents can also include married and unmarried same-sex couples and single men and women.
- Surrogate agreements are contracts that outline the rights of surrogate mothers and intentional parents. The document usually stipulates that the surrogate mother will relinquish all rights to the child once it's born.
- In the U.S., Michigan's Surrogate Parenting Act does not recognize surrogate contracts, meaning the surrogate has strong rights regarding custody of the child. Contrarily, laws in India do recognize the surrogate contract, providing more assurance for prospective parents.
- Laws relating to surrogacy in different countries must all conform to the United Nations Convention on the Rights of the Child and the Hague Adoption Convention, both of which focus on child rights and the obligation to prevent the abduction, sale or trafficking of children.