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How Effective Are Surrogacy Laws in Combating Illegal
Surrogacy Practices Around the World?

Surrogacy has become a controversial topic in recent years, especially because it provides a road
to motherhood for people who are unable to conceive normally for a variety of reasons.
However, as it gains popularity, so do the controversies around it, particularly in connection to
unethical surrogacy process. That being said, numerous countries have enacted legislation to
combat these practices, but how effective are these surrogacy laws in lowering illicit surrogacy
worldwide? Let us find out in the following portions of this PDF.

Demand for Surrogacy Laws

Surrogacy laws around the world are intended to protect everyone involved, particularly
surrogates who may be vulnerable to exploitation. Surrogates are particularly vulnerable to
exploitation in countries with weaker legal systems or significant levels of poverty. If there are
no legal systems to protect their rights, intended parents may likewise become victims of
dishonest behavior.



Furthermore, in countries where surrogacy is not regulated, there may be a black market where
unethical companies or individuals can provide surrogacy services without oversight. However,
this leads to an increased danger of illicit activities such as human trafficking, infant selling, and
women's mistreatment.

Surrogacy laws differ considerably between countries, and this patchwork of legislation creates
both opportunities and obstacles for controlling unlawful practices.


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 Countries that completely ban surrogacy

Surrogacy is plainly prohibited in several nations, including Germany and France. These limits
are intended to prevent human life from being commodified and exploited. Furthermore, entirely
prohibiting surrogacy does not often mean that demand diminishes; rather, it typically leads
individuals to seek surrogacy services abroad, where restrictions are less stringent or even
nonexistent.

As a result, "surrogacy tourism," in which intended parents travel to countries with laxer or no
restrictions at all, frequently engaging in cross-border arrangements that may violate local laws
or leave all parties vulnerable to exploitation, has evolved.

 Countries that restrict legislation

Although surrogacy is legal in many countries, including the United Kingdom, Canada, and
Australia, tight regulations govern how it is carried out. For example, while surrogacy is
permitted in the UK, it is purely altruistic, hence surrogates cannot be compensated beyond
reasonable costs.

These stringent restrictions serve to ensure ethical and open surrogacy practices. They usually
involve court procedures to ensure that the arrangement is in everyone's best interests, including
the child's, and require intending parents and surrogates to enter into legally binding agreements.

Although these laws have largely been successful in preventing illegal surrogacy procedures
within their borders, they have also resulted in an increase in international surrogacy agreements,
in which intended parents travel to countries with fewer laws in place to circumvent their own
country's restrictions.

 Nations without surrogacy laws or with limited regulations

Surrogacy is permitted with little limitations in countries such as Ukraine, Georgia, and some US
states. For example, commercial surrogacy is legal in Ukraine, and intended parents' rights are
well-protected, with foreign intended parents permitted to engage in surrogacy agreements.

Although some countries have established hubs for international surrogacy, a lack of rules in
some places might lead to criminal actions, particularly when surrogacy organizations operate
without enough oversight. There have been reports of surrogates being taken advantage of or
surrogacy agreements being signed without proper knowledge or consent.

How do surrogacy laws prevent illegal practices?

The level of enforcement and control largely determines how effective surrogacy laws are in
preventing unlawful actions. The following are some ways in which surrogacy legislation could
change things:

 Protecting Surrogates

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Surrogate protection is one of the most difficult aspects of surrogacy, particularly in countries
where women are vulnerable due to poverty or a lack of knowledge. However, strong surrogacy
rules ensure that surrogates are well educated about the operation, are adequately compensated,
and are not coerced into making decisions, so helping to protect them.

Surrogates in countries like as Canada, where only altruistic surrogacy is permitted, must
undergo extensive screening procedures and seek legal counsel before signing a contract. This
reduces the risk of exploitation and helps to protect the surrogate's rights.

 Clear legal parentage

Surrogacy regulations also clarify the legal parentage of the child. Furthermore, effective
surrogacy laws serve to protect the child's rights by legally recognizing intended parents as the
child's parents from birth, thereby avoiding custody disputes.

Countries without clear parentage laws may encounter scenarios where intended parents refuse to
accept the child or surrogates refuse to hand over the child if the arrangement falls through. This
legal uncertainty, especially in cross-border surrogacy scenarios, creates opportunities for
exploitation and abuse.

 Agency Control Policy

Legal surrogacy nations typically have measures in place to regulate the agencies who set
surrogacy agreements. This ensures fair treatment for all and helps to prevent unethical behavior.
Agencies may have to act honestly, comply with specific legal standards, and undergo audits.

Because no controls exist to prevent deceptive activity or exploitation, illicit surrogacy
operations are more likely to grow.

Final words

Surrogacy laws are critical to preserving the rights and interests of all parties involved. However,
the hodgepodge of surrogacy legislation around the world creates gaps that allow unlawful
surrogacy to continue, particularly in terms of cross-border partnerships.

If we want to truly combat illicit surrogacy practices, we will need to increase global cooperation
and standardize surrogacy legislation.