Surrogacy is the process by which a biological mother carries and gives birth to a child for someone else, usually following an arrangement between the intending parents and a surrogate mother with whom they have formed an emotional connection.
IVF on the other hand is a fertility procedure that involves the simultaneous release of multiple eggs to be fertilized by sperm outside the woman’s body. The process may or may not result in one or more live births, and it may or may not involve the use of any additional artificial reproductive technology.
Who can use surrogacy and IVF?
Women with fertility problems
Missing period, heavy bleeding, painful periods, abdominal pain, and cramps. These are some conditions that women experience which may be a result of problems with the uterine organs.
For example, Endometriosis is a disease where the uterine lining grows on the ovaries, fallopian tubes, and the outside of the uterus. The endometrial cells are similar to those in your uterus but instead of shedding each month as part of your menstrual period, they continue growing and building upon other parts of your reproductive system.
As these cells build up over time, they cause scar tissue to form and can damage organs inside your abdomen. This can lead to fertility problems when you are trying to have a baby.
Women who have undergone hysterectomy
A hysterectomy is the surgical removal of the uterus. The surgery is used to treat abnormalities in the structure or function of the uterus, such as endometriosis or cancer of the cervix. Removed a woman’s uterus, but she did not necessarily lose her fertility. The lack of a uterus for the attachment of the embryo necessitates the need for a surrogate.
In cases where you are unable to have children for various reasons
Many people who choose surrogacy do so because they can’t have biological children. They are unable to conceive but do not want to surrender their dream of becoming parents, and this is the best way for them to achieve their goal of having a child.
IVF may also help gay men or lesbians who want to have a child carry their child. Surrogacy may be suitable in these situations if there is a relative or friend who can get the process started and agree to be the surrogate mother while still being considered an anonymous donor by law.
What are some of the issues related to surrogacy and IVF?
Surrogacy is a delicate and often legally complicated process, which is why it’s not uncommon for there to be legal issues with surrogates. In this article, we will go over some of the potential legal problems that may arise with surrogates.
Issues of adoption
Surrogacy is a clear case of legal adoption. The parents who have had a baby through surrogacy might be able to get parental rights and legal proceedings can begin to bring the baby into their family. To do this, they must present a birth certificate, application, and petition for child placement along with other documentation and medical information from their medical team attending the birth of the child.
Once these documents are received by the court it will need to approve that the child can be legally adopted by two people who were not genetic parents of the child. Most courts will need to determine if one or both parties intended to adopt the child from conception, if so then add them as adoptive parents.
The baby’s legal status
The child produced from an IVF process is not considered a biological child until he or she takes residence in the body. This means that even if the IVF treatment is successful, the child will not automatically be considered one of the genetic parents. The child may be considered a legal child after a birth certificate is filed. However, the parents will not be able to provide for the basic needs of their child due to a lack of obligations yet. They may have to have papers to get financial aid, and that can come as a problem because if they file paperwork too early then they might be responsible for medical bills.
The surrogate’s legal status
The person with whom you contracted will also need documentation to ensure they are legally responsible and able to take care of the child without having any issues with the authorities or their employee. By law, the surrogate mother cannot register the baby as her own without written permission from the intended parents.
Although there is some risk to the surrogate mother, overall, surrogacy is considered to be safe. As with any pregnancy, there is a chance that the surrogate will not be able to carry the child until birth and it is also possible that complications may arise during the delivery that may require an emergency cesarean section. It is recommended that you get a complete check-up before going through IVF so that you know exactly how your body might react to becoming pregnant or giving birth. Your doctor can provide you with specific guidelines for your healthcare needs during both pregnancy and childbirth.
The legal issues around surrogate mothers
The intended parents are not guaranteed parental rights after a surrogate pregnancy. A court may even deny parental rights to an intended parent and allow the surrogate to raise their child.
Because of these legal obstacles, surrogate mothers often choose to keep their babies away from their intended parents. This is known as “open adoption”. In an “open adoption”, the surrogate mother will grant permission to her intended parents to visit her child while she is growing up. The only problem with this is that some potential biological parents may not be well suited for open adoption or open relationships. They might have psychological or emotional problems that can make them unsuitable as parents.
The conflict between the intended parents and surrogate(s)
Unfortunately, conflicts can arise over surrogacy arrangements. Although most surrogates want to establish a good relationship with their intended parents, the relationship can become strained over time. The surrogate may feel that her rights are being taken away from her. You should have an agreement prepared to ensure that there are no misunderstandings between you and your surrogate.
The couple or individual should look into what the laws are concerning surrogacy. There is a non-profit organization called The Center for Surrogate Parenting that provides you with information regarding laws regarding surrogacy and medical procedures that can be used during pregnancy as well as how a home study can be conducted by a social worker if needed.
The United States has laws that protect surrogacy arrangements and the intended parents are given parental rights over the child after their birth. Surrogacy agencies like Made In The USA Surrogacy Los Angeles can be of great help in ensuring that every individual achieves their parenthood dreams as well as enabling others to become a surrogate in California.