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Legal considerations of using a gestational surrogate


The use of gestational surrogate to carry a pregnancy womb for hire, is an assisted reproduction technique which is subject to specific legislation that depends on the country. Within that legislation, gestational surrogacy 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.

Gestational surrogacy began in the United States as surrogacy, a term that describes the process in which a woman freely decides to help a family who are unable to have a child due to natural causes. The pregnancy itself is carried out by a third person: the surrogate, a crucial figure in the whole process, who does not play any maternal role or have a part in the maternal process. In order to help another family in this way, she must already have become a mother herself.

In international courts, such as the European Court of Human Rights (ECHR), as well as the legislation and jurisprudence of those countries that recognize the right to access gestational surrogacy 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 process of gestational surrogacy, FERTYSURROGACY takes into account the rights of all parties involved, especially the minors. Our work is based on avoiding any potential challenge that may arise during the process.

That is at FERTYSURROGACY we can rely on a law firm specializing in International Family Law, Assisted Reproduction and Surrogacy, and which has represented families all over the world and will provide legal support throughout the process.

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