Womb for hire and legal aspects


Surrogate pregnancy or as it is also known, womb for hire, is another assisted reproduction technique which is subject to specific legislation, depending on the country. Within that legislation, surrogate pregnancy is protected by the right to a family, the right to paternal and maternal care, the right to protection of dignity, children’s right to identity and the right to privacy.

Surrogate pregnancy began in the United States as surrogacy, a term that describes the process followed by a woman who freely decides to help a family who are unable to have a child due to natural causes. Ultimately, the surrogate process (and never maternity or paternity) is transferred to a third person. The surrogate mother, a crucial figure in the surrogate pregnancy process, is not part of the maternal process. She has must have already been a mother in order to help a family.

In international courts, such as the European Court of Human Rights (ECHR), as well as the legislation and jurisprudence of those countries that recognise the right to access surrogate pregnancy, the intended parents (those who wish to have a child), whether they have provided genetic material or not, are the true parents to whom filiation, creation, education and protection, etc., apply.

From the Universal Declaration of Human Rights to the constitutions of practically all countries, everyone is assured the right to have children. Because we believe in this supreme right, FERTYSURROGACY represents all models of family (single people, same-sex couples, married couples, unmarried partners and people undergoing gender reassignment, etc.). Therefore, the intended parents can be sure that they will be represented and assisted throughout the entire process.

In order to undertake a surrogate pregnancy, FERTYSURROGACY takes into account the rights of all parties involved, principally minors. Our work is based on avoiding any potential challenge that may arise during the process.

That is why FERTYSURROGACY relies on a law firm specialising in International Family Law, Assisted Reproduction and Surrogacy, which has represented families in every country and will provide legal support throughout the process.

More information: https://fertysurrogacy.com/legal-requirements/?lang=en