Laws On Surrogacy  

Surrogacy is kind of an arrangement in which a woman (surrogate mother) enters into an agreement with a couple (contracted party) to bear their child in her womb. The embryo developed by IVF technique is just implanted into the womb of surrogate mother. Thus, the birth mother is merely the carrier, while the arranged parents are the genetic donors. As there are various ethical and social issues involved in this kind of an arrangement, there are strict laws framed for practice of surrogacy. However, these laws vary from one country to another. In US, these laws vary widely from one state to another. Quite surprisingly, surrogacy is considered to be illegal under jurisdictions of some countries.

Majority of the legal facets of surrogacy are highly sophisticated and unsettled. A default assumption made by jurisdictions of most countries is that the surrogate mother is ethically the legal mother of the child as she is the one who bears it in her womb. However, countries where this practice has been legalized give the legal custody of the newborn to the contracted parents. To avoid conflicts and confusion, many states in US have now made it mandatory to issue a pre-birth order from the court of law declaring the name of the legalized parents.

In Australia, the surrogate mother is given the legal custody of the child and commercial surrogacy is banned completely. Similarly, in France, the arrangement is strictly proscribed by law. On other hand, in Canada, altruistic surrogacy arrangements are allowed and legal. In US, all the 50 states have their own separate laws concerning surrogacy. As far as the laws on surrogacy are concerned then they differ as per the states. These state laws may be dependent on various factors such as the kind of agreement of surrogacy or the form of surrogacy involved. There are six states that allow the people residing within their jurisdiction to go for surrogacy contracts. These states include California, Arkansas, Massachusetts, Illinois (only gestational surrogacy is allowed here), Washington and New Jersey. In the last two states, just surrogacy without compensation has been permitted till now.

The District of Columbia along with 11 other states prohibits any such attempt in some or all cases. The District of Columbia as well as Florida proscribe surrogacy agreements for almost all the unmarried couples. Louisiana and Indiana do not allow for the traditional surrogacy whereas Nebraska and Michigan is against the compensated agreements for surrogacy. The remaining states have either unclear or mixed laws on surrogacy. But, as far as the entire list of such laws is concerned, that cannot be discussed as such as they vary as per the states. Therefore, if you are thinking to go for any such arrangement, make sure you are clear of the legal aspects concerning the same in that particular place.

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Laws On Surrogacy

Nurses-Roles-In-Surrogacy      Surrogacy refers to an arrangement in which a woman enters into an agreement with a couple to bear their child in her womb. The couple, who in this arrangement reserves the right to claim and bring up the child, is called the arranged parent of the said child. Nurses have a major role to play in surrogacy arrangements and hence the nursing implications of surrogacy cannot be ignored at any cost. More..




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