The Validity of Surrogacy Agreements

Course: AUL 401-Family and Inheritance Law

May, 2017

The Validity of Surrogacy Agreements

1. INTRODUCTION: HOW DID THE PRACTICE OF SURROGACY COME INTO EXISTENCE?

Conventional surrogacy remained an unthinkable point up until the twentieth century because of the marks of disgrace related with infertility^[1] and ill-conceived children. Amid this time, surrogate pregnancies would have been considered normally which would be dishonorable for hitched couples. In our general public surrogacy, has truly been viewed as a problem m which merits treatment. Surrogate motherhood gives a few couples their lone any expectation of bringing up a child hereditarily identified with no less than one of them. Surrogate motherhood portrays a game plan where a lady consents to end up noticeably pregnant and bear a child for someone else or people. It is just over the most recent 20 years that surrogate motherhood has increasingly turned into an issue of national and worldwide open verbal confrontation. “Factors such as the growth of infertility in modern society, coupled with the declining number of children available for adoption, the development of the surrogacy contract and commercial surrogacy agencies and the introduction of new technologies such as in vitro fertilization (IVF) which can be combined with surrogate motherhood, have resulted in increasing publicity and public interest in the formation of such agreements between infertile couples.” (Stuhmcke, 1995).

Prior to the coming of present day helped origination methods, surrogacy by common conception was the main methods for helping certain infertile ladies to have children. Before artificial insemination, children were brought about by the common way. Later as artificial insemination was acknowledged, this turned into the typical methods for accomplishing pregnancy in the cases of infertility, being more socially satisfactory than the characteristic way. There are no valid archives survived up to contemporary circumstances. Information is to be gathered from narratives, legends, myths, sagas and even the people tunes t cap have made due from oral transmissions from era to era. The idea of surrogate motherhood was outstanding in the ancient world. “Over the past dozen years, certain events have taken place that have made surrogacy history. For example, in 2001 the oldest surrogate mother at that time gave birth to her own grandchild, while in 2005, a 58-year old surrogate mother gave birth to her own twin granddaughters.” (Modern Family Surrogacy Center, n.d.).

1. TYPES OF SURROGACY AND THE PROCESS

2.1. Two types of surrogacy are present:

• Traditional surrogacy;
• Altruistic surrogacy

The woman who conveys the baby might be the child's hereditary mother, which is known as traditional surrogacy, or may have a fetus exchanged to her uterus (gestational surrogacy). The plan can be viewed as commercial, which means the pregnant lady gets remuneration other than restorative expenses and sensible costs. An altruistic surrogacy will frequently include a relative of a lady who can't have a baby offering to convey the baby as an endowment of affection. “Altruism is defined as “unselfish regard or devotion to the welfare of others” — a quality that all surrogates arguably must possess to make the physical and emotional sacrifices demanded by surrogacy. Many surrogacy supporters argue that all surrogacy is altruistic in nature, which can make it somewhat difficult to truly define altruistic surrogacy.” (Surrogate.com, n.d.). “An International Surrogacy is a surrogacy arrangement entered into by intending parent(s) resident in one State and a surrogate resident (or sometimes merely present) in a different State. Such an arrangement may well involve gamete donor(s) in the State where the surrogate resides (or is present), or even in a third State.” (Sutter, 2015).