Knowing the Risks of International Surrogacy helps intended parents choose the best surrogacy process.
International surrogacy offers intended parents the opportunity to grow their families through surrogate arrangements in countries outside of their own. While it can provide options for parents who face legal restrictions or high costs in their home countries, international surrogacy comes with several risks that must be carefully considered. Navigating these complexities can be overwhelming, especially when it comes to legal, ethical, and logistical challenges.
In this guide, we will explore the primary risks associated with international surrogacy, helping you make informed decisions about whether this option is right for you.
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Here’s a summary of the risks of international surrogacy:
| Risk | Description | Potential Impact |
|---|---|---|
| Legal Complications | Varying laws between countries can create complications in establishing parental rights and securing citizenship for the child. | Possible delays, legal battles, or denial of citizenship for the child. |
| Exploitation of Surrogates | Surrogates in economically disadvantaged countries may face exploitation, including inadequate compensation or coercion. | Ethical concerns, potential harm to surrogate’s well-being. |
| Hidden Costs | Unforeseen expenses such as medical emergencies, legal fees, and travel costs can increase the financial burden. | Significant increase in overall surrogacy costs. |
| Healthcare Quality | Medical standards in the surrogate’s country may not meet the same quality as those in the intended parents’ home country. | Risk of poor healthcare for the surrogate and baby, leading to potential complications. |
| Citizenship & Parental Rights | The process of obtaining citizenship for the child and establishing legal parenthood can be complex and time-consuming. | Delays in taking the baby home, legal uncertainty regarding parental rights. |
| Emotional Distance | Long-distance arrangements may result in emotional detachment between intended parents and the surrogate during pregnancy. | Lack of involvement in key milestones, possible emotional disconnection. |
| Sudden Legal Changes | Changes in surrogacy laws in the surrogate’s country can disrupt or halt ongoing surrogacy arrangements. | Legal limbo, additional legal processes, or inability to complete surrogacy. |
| Travel Restrictions | Travel to the surrogate’s country may be affected by global events, visa issues, or political instability. | Delayed or restricted ability to attend medical appointments or take the baby home. |
| Ethical Concerns | Issues such as surrogate exploitation, power imbalances, and concerns about the child’s rights and identity. | Potential exploitation, long-term ethical dilemmas, and identity challenges for the child. |
| Currency Fluctuations | Variations in currency exchange rates can increase the overall cost of the surrogacy arrangement. | Unexpected rise in surrogacy expenses. |
Surrogacy costs resources worldwide:
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What is the surrogacy process?
There are many ways to start a family. Some couples are lucky enough, to conceive naturally while some have to go for Assisted Reproductive Technologies (ART) to start their own family. One of the most commonly used ART or rather third-party reproductive techniques to start a family is Gestational Surrogacy. Similar to domestic surrogacy, there are risks of international surrogacy that parents should know.
Surrogacy is a procedure where a woman (surrogate) agrees to carry a child for the couple (intended parents) and hand over the child to the couple after delivery. A surrogacy agreement is generally backed by the law of land. But the cost of surrogacy is higher than any other ART technique, making it out of reach for many would-be parents or forcing them to look out for affordable international surrogacy programs.
What are International Surrogacy and Domestic surrogacy?
International surrogacy is an agreement for surrogacy where a surrogate mother lives in an overseas country. It is also known as a cross-border surrogacy agreement. Popular commercial surrogacy destinations include the United States, Canada, Georgia, Ukraine, Cyprus, Colombia, India, and Greece.
In domestic surrogacy, the surrogate lives near the intended parents. This would reduce the legal complications and travel costs for the intended parents.
International Surrogacy vs Domestic Surrogacy.
The main difference between domestic and international surrogacy would be the gap involved.
- Communication can be more complicated with foreign surrogacy and if it takes place abroad, you won’t be able to play an active role in your surrogacy cycle.
- You will not get the reassurance you need from meeting your surrogacy nurse, medical practitioner, and surrogate in a foreign country in person.
- You will only have to be assured that the procedure will be done ethically if you are unable to make several visits to the country where your surrogate lives.
International surrogacy Cost
Generally, in the process of surrogacy, it is always maintained that the cheaper the surrogacy the better. You can choose to go for international surrogacy or domestic surrogacy depending on your financial situation.
The first thing that comes to mind is the cost you need to pay the surrogate upfront. In most countries, only altruistic surrogacy is allowed, so the intended parents can choose to work on international surrogacy in any country where altruistic surrogacy is allowed. This would save the cost of the surrogate.
In international surrogacy, there is always the possibility of hidden costs, particularly when you are living in another country and have no direct control of your surrogacy process. If you have delays in legal, medical, and travel procedures, something that seems less costly at the outset of the process will potentially significantly raise costs.
If intended parents are choosing countries like Ukraine or Georgia, they can significantly reduce the cost by up to 75% as compared to US surrogacy costs. Although Georgia is the cheapest country for surrogacy with the full legal framework in place, you need to consider the cost associated with visas and flights.
So, it is up to you whether you want more control over the surrogacy process or want to save money while opting for the surrogacy process.
What are the risks of international surrogacy?
For those who set their sights on international surrogacy, it is important to consider the risks involved with family-building experience with international surrogacy.
Although it might seem cheap, knowing the legal framework of your own country and the surrogacy country is of utmost importance. It is good to seek the consultation of a local reproductive lawyer as well.
Following are the risks of international surrogacy –
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Legal Complications
Varying Legal Frameworks
International surrogacy laws vary dramatically from country to country. Some nations, like Ukraine and Georgia, have well-established legal frameworks that support surrogacy, while others, like France and Germany, either ban or heavily restrict it.
- Legal Restrictions in Some Countries: Many countries prohibit surrogacy entirely or only allow altruistic surrogacy, which does not involve compensation for the surrogate.
- Unclear Parentage Laws: Depending on the country, intended parents may face challenges when it comes to being recognized as the legal parents of the child, especially in the case of same-sex couples or single parents.
Citizenship and Parental Rights
Acquiring citizenship for a child born via international surrogacy can be complex. While the birth country might grant citizenship, the intended parents’ home country may not recognize the child as a citizen without going through extensive legal processes.
- Denial of Citizenship: Some countries refuse to grant citizenship to babies born through surrogacy arrangements, which can leave parents in legal limbo.
- Complex Adoption Processes: In certain situations, intended parents may need to adopt their child to secure parental rights, even if they are genetically related to the child.
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Ethical Concerns
Exploitation of Surrogates
One of the most pressing ethical concerns in international surrogacy is the potential exploitation of surrogates. In countries where women may be economically disadvantaged, there’s a risk that surrogates are driven by financial need rather than a genuine desire to help.
- Lack of Protection for Surrogates: In countries without strong regulations, surrogates may not receive adequate medical care or compensation. There are reports of women being coerced into surrogacy arrangements due to poverty.
- Power Imbalance: Intended parents from wealthier nations might have more influence in the surrogacy agreement, which can create ethical dilemmas regarding the surrogate’s rights and welfare.
Children’s Rights
There are growing concerns about the ethical implications of international surrogacy for the child. The child may face challenges later in life if they struggle with their identity or origins, especially if they come from a different cultural background than their intended parents.
- Issues of Identity: Children born via international surrogacy may experience identity challenges if they are raised in a culture different from their birth country.
- Potential for Abandonment: In rare cases, intended parents may choose to abandon the child due to unexpected health conditions or other reasons, leaving the surrogate and the child in precarious situations.
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Financial Risks
Hidden Costs
International surrogacy can seem like a cost-effective alternative compared to domestic surrogacy, but hidden expenses can quickly accumulate. Travel costs, medical emergencies, legal fees, and unexpected changes in surrogacy laws can increase the financial burden.
- Unforeseen Medical Costs: Medical expenses in a foreign country can be higher than expected, especially if complications arise during pregnancy or childbirth.
- Legal Fees: Legal processes can be lengthy and costly, especially when navigating complex international regulations for parental rights and citizenship.
Currency Fluctuations
When dealing with international surrogacy, fluctuations in currency exchange rates can also affect the total cost. If the value of your home currency drops, your surrogacy arrangement could become significantly more expensive.
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Health and Medical Risks
Healthcare Quality
The quality of healthcare in the surrogate’s home country may not meet the standards you expect. Intended parents must thoroughly research the quality of care the surrogate will receive to ensure her safety and the health of the baby.
- Inconsistent Medical Standards: Some countries may not have the same medical standards for prenatal care, delivery, or neonatal care that are available in more developed nations.
- Limited Access to Specialized Care: If complications arise, the surrogate may not have access to specialized medical care, which could endanger both her and the baby’s health.
Communication Challenges
Language barriers and differences in medical practices can make it difficult to stay informed about the surrogate’s health and pregnancy progress. Misunderstandings between the intended parents, the surrogate, and the medical team can increase the risk of errors.
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Emotional and Psychological Stress
Long-Distance Challenges
International surrogacy often involves long periods of separation between the intended parents and the surrogate. This distance can make it difficult for intended parents to be involved in key milestones like prenatal visits or the birth itself, leading to feelings of detachment.
- Emotional Distance: The geographical gap can create emotional challenges, as intended parents may feel disconnected from the pregnancy experience.
- Stress of Travel Restrictions: Travel restrictions due to global events like the COVID-19 pandemic can also delay or complicate the ability to be present at the birth or bring the baby home.
Psychological Impact on Surrogates
Surrogates may experience psychological distress, particularly if they are not adequately supported throughout the process. In some countries, surrogates may face social stigma or pressure from their communities, adding to their emotional burden.
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Unpredictable Changes in Surrogacy Laws
Sudden Legal Shifts
Countries may change their surrogacy laws unexpectedly, sometimes mid-process. These changes can halt surrogacy arrangements, delay intended parents from bringing their child home, or lead to additional legal hurdles.
- Government Bans or Restrictions: Some countries, like India and Thailand, have imposed surrogacy bans or restrictions that directly affect international surrogacy arrangements, leaving parents in precarious positions.
- New Parental Rights Requirements: Governments can introduce new legal requirements that delay or complicate the process of transferring parental rights, creating long legal battles for intended parents.
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Travel Risks and Logistical Challenges
Travel Restrictions and Delays
Traveling to the surrogate’s country for key appointments, delivery, or legal processes can be complicated. Travel restrictions, natural disasters, or political instability can lead to delays or prevent parents from being present at crucial moments.
- Travel Costs: Multiple trips may be required, and costs can accumulate quickly, including flights, accommodation, and transportation.
- Unforeseen Delays: Visa issues, flight cancellations, or other travel obstacles can delay your ability to take custody of your newborn, leading to additional costs and stress.
Cultural and Language Barriers
Navigating a foreign country’s legal system, healthcare, and social norms can be challenging, particularly if there are cultural differences and language barriers.
- Miscommunication: Language differences can lead to miscommunication with healthcare providers, surrogacy agencies, or legal professionals.
- Cultural Sensitivity: Understanding and respecting cultural differences are vital when working with surrogates in foreign countries, but these differences can also complicate communication and expectations.
Hidden costs of the International surrogacy agreement
There are mainly 3 types of hidden costs in an international surrogacy agreement –
- Travel Expenses – If you wish to see the child and the surrogate you need to fly the international borders to be with your surrogate. It is extremely important during the time of delivery.
- Hotel expenses – While coming to meet your surrogate you need to stay somewhere as well. You need to bear those expenses if you want to see the child after the delivery and the surrogate.
- Medical Expenses – Surrogacy is full of surprises some good and some bad. However, there are surrogacies in which there is a normal birth but, hidden costs for medical expenses can arise in any situation.
Pros and Cons of International Surrogacy
Pros
Cost – In some countries, the cost of surrogacy will be lower than in your own country, so you will have a surrogacy procedure at a low cost with full legal protection.
Cons
Transparency in the process of surrogacy – While you are sitting at your own place, you cannot guarantee the ethical and transparent process performed in some other countries.
More resources on this topic:
All about international surrogacy
What countries are best for international surrogacy
4 Cheapest countries for surrogacy
Conclusion
International surrogacy offers intended parents opportunities that may not be available domestically, but it comes with substantial risks. Understanding and preparing for the legal, financial, ethical, and emotional complexities of international surrogacy is crucial. If you’re considering this path, work closely with experienced professionals, including surrogacy agencies, legal experts, and healthcare providers, to mitigate these risks.
While the dream of becoming a parent is powerful, ensuring that the process is safe, ethical, and legally sound is essential for the well-being of both the intended parents and the surrogate.
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website: IVF Conceptions. We offer legally secure and affordable surrogacy consulting services for FREE.
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FAQs About the Risks of International Surrogacy
1. What countries have the most favorable surrogacy laws?
Countries like Ukraine, Georgia, and the United States (certain states) have favorable surrogacy laws. However, laws vary widely, so it’s essential to research and consult with legal experts before proceeding.
2. Is international surrogacy legal for same-sex couples?
Laws regarding surrogacy for same-sex couples differ by country. Some countries allow same-sex surrogacy, while others prohibit it entirely.
3. How can I ensure that my surrogate is treated fairly?
Working with reputable agencies and surrogacy professionals who prioritize the health, well-being, and rights of the surrogate is critical. Make sure the surrogate receives proper medical care, compensation, and support throughout the process.
4. What is the cost difference between international and domestic surrogacy?
International surrogacy can be more affordable than domestic surrogacy, especially in countries like Ukraine or Georgia. However, hidden costs such as legal fees, travel expenses, and medical care can quickly add up.
5. How can I protect myself from legal issues in international surrogacy?
Consult with legal experts who specialize in international surrogacy to navigate the complex legal landscape. Ensure that you understand the surrogacy laws in both the surrogate’s country and your home country.