Legalization of surrogacy

INTRODUCTION

we are living in an increasingly globalized world, where the advances of science grow and provide several opportunities, like surrogacy, that is a reproductive technique assisted in which, a woman agrees to gestate and give birth to the child genetically and legally of another person or partner, and that they could get make a family.

Surrogacy is a very complex issue, there are different opinions about this issue. my position on this issue is in favor, this is not a buying and selling of babies, nor is it an adoption. It is an act of solidarity and altruism, it is also something that is done with the consent of each party, and just like organ donation, we must respect the right of a person to help another person who wants to have a child.

ARGUMENT

First of all, in surrogacy, the woman is a very important person, because she is the person who is helping a couple or a person to have children and to be able to start a family. Therefore, my first argument in favor of the issue is not only the right to decide about her own body, but also the autonomy of will of the woman who in full legal capacity decides to be part of a surrogacy agreement where no religion or ideology should protect the woman to decide what to do with her body. In fact, the Human Rights Commission of the Federal District urgently requests to ensure the right of women to decide about their own body along with their specific needs, which entails the obligation to ensure that they have access to justice, information, timely and quality services in the area of sexual and reproductive health, eliminating any possibility of discrimination against them. Likewise, surrogate motherhood will be a practice based on the free decision of adults who exercise their rights and prerogatives, without harming themselves or others, which simply means that no one can decide for another person or impose their convictions. Moreover, in 2003, a survey was carried out among 34 women who had been surrogate mothers. They were asked to identify the reasons that motivated them to participate, and the results were as follows. Of these, 91% (31 people) stated that they had decided to participate in surrogacy because they wanted to help a couple who could not have children, 15% (5 people) because they enjoyed the pregnancy, 6% (2 people) for self-fulfillment, and finally, 3% (1 person) for the payment of remuneration.

Most of the gestational surrogates have been from normal families, with children, and with a good socioeconomic level. In no case of surrogacy, the woman has been forced to do it, most gestational surrogates have done it out of love or because they have had family or friends who could not have a baby and they know how painful it is so they decide to help and they do it completely inside a normative framework, safe, protected and above all without any reward or economic motivation. Therefore, my second argument is that pregnant women do it altruistically. In fact, the Canadian legislation on assisted reproduction states in Sec. 221, that not only is it permitted as long as it is for an altruistic purpose, but that no person may pay financial compensation to a surrogate. Offering to pay such compensation or advertising is considered a crime. This means that, as stated above, surrogacy in Canada is permitted as long as it is altruistic, that is to say, the surrogate is prohibited by law from receiving any financial compensation, except for medical expenses which are to be paid by the commissioning parents. In fact, Marisa, surrogate mother clarifies that what is received is not an income, it is not money that can be saved, but the money that has already been previously spent. So paying an overpayment is a criminal offense punishable by a conviction or summary conviction, a penalty not to exceed $500,000, or imprisonment for a term not to exceed ten years or both.

Taking into account that surrogacy implies that a woman, known as the gestational carrier, agrees to gestate the child of another person or couple. For this process, both parties must make a kind of agreement where the rights and obligations of each of the parties, especially the gestational mother, are detailed. Therefore, my third argument is that for this method of assisted reproduction it is important that the intended parents or person and the gestating woman make sure to comply with the legal requirements established in each destination before starting the process in order to avoid future problems. According to the regulated aspects of the surrogacy law in several countries such as Canada, the United States, Australia, United Kingdom, among others, the surrogate mother must follow certain requirements such as being between 20 and 35 years old; having a healthy child of her own; having a good psychic and somatic health, having a stable job and other requirements. Finally, the requirements that are requested by the intended parents or person, According to surrogacy in Greece or in Russia-Ukraine is that The intended mother must provide a medical certificate from the social security proving her inability to carry a pregnancy to term, or that the pregnancy may endanger her health or that of the baby or prove to have made IVF treatments with 4 unsuccessful attempts.

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