Prepared by students of Lycée et collège Victor Duruy, Paris, and School of Midwifery, Zagreb
First of all, let's define what « surrogates mothers » means. It could be described as an agreement between a woman and a couple. This woman agrees to undergo a pregnancy, and then to give birth to a baby for a couple, who will raise and take care of the child. This complex process imply the help of a professional doctor, a psychologist and a lawyer. There are two kinds of surrogacy : the traditional one and the one by IVF (in vitro fertilization).
Kinds of surrogacy
There are two kinds of surrogacy : the traditional one and the one by IVF (in vitro fertilization).The first one is done with the ovule of the woman who is carrying the baby. So she is biologically linked to the child. This surrogacy can be done by a natural way : by intercourse, or by an intrauterine insemination. This technique is rarely used because of emotional and legal issues it often created. The second one is the creation of the embryos by IVF, with the gametes of both parents, which is then transferred to the surrogate mother.
Surrogacy in the world
There are some countries where the use of a surrogate mother is forbidden, but there are also countries where it is not, such as Russia, India, Canada, South Africa and Ukraine. Because these countries have a juridical protection for surrogacy.For an example in Ukraine, even if this legislation is quite blurry, there is one. To have resort to surrogacy there must be a medical issue which prevents the parents from having a child. The surrogate mother must not have biological link with the baby. And the embryo must be fertilized with at least one of the parent’s gametes. The surrogate mother has to be between 18 and 35. She has to be already a mother, and if she is married, there must be the consent of her husband. During the pregnancy she has to stay at her home, or to be housed by the client. During all this process the client will have to pay between 40 000 et 50 000 dollars. In that 15 000 will go to the surrogate mother. The choice of a surrogate mother is made by the intermediate of an agency. They manage the juridic safety of the contract. Then you choose in a catalog the surrogate mother you want.
Whereas in India, the clinics don’t give any birth certificate to the adoptive parents. They don’t know the identity of the surrogate mother, and won’t ever be in contact with her. Every year, 25 000 couples come to India for surrogacy. And 2000 children are born through surrogacy per year. Even if gay marriage has been decriminalised in 2012, the law forbids single person and gay couple to use surrogacy in India.
Recently, the European court has estimated that a country can forbid surrogacy on its ground. But it has to accept on its soil the children who are born by surrogacy in a country where it is decriminalised. This is why France has been condemned by the European Court. Now all the European States have to officially recognise the filiation link between the child and the adoptive parents. Before this law the country was in its right to put the child in a foster home. In the European Union 13 countries allowed surrogacy. Most of the time the countries tolerates surrogacy because of the absence of legislation.
SURROGACY IN CROATIA
Surrogat motherhood is forbidden in Croatia, although some liberal associations are lobbying for lifting the ban on surrogacy, ie. the changes in Article 31 of the Law on Assisted Procreation. Due to the ban, women from the Croatia who have exhausted all the possibilities, but did not achieve their desire for motherhood, go to Ukraine where surrogacy is allowed."The principle of surrogacy based on the preparation of the person who will carry the genetic material of someone else's child, or synchronization of their cycle with gametes or embryos that were created by merging male and female sex cells donors, or better to say, the surrogacy services client. Any further actions regarding the medical part of the process do not differ at all from the usual processes of pregnancy, childbirth and the postpartum period. The practice is most pronounced in countries of lower economic status such as Ukraine, India and the Far East, "says dr. sc. Darko Husar, spec. Gynecology and obstetrics and adds: "Surrogacy raises many doubts, primarily ethical, and legal and for that, the legislation often prescribes a number of laws and restrictions designed to discourage such practices."