So here are a few suggestions to consider when evaluating the laws of various countries:
Things to Consider …
- Always read any relevant Law, Bill, Regulation, or court case(s) for yourself – don’t just rely on what you are being told. You do not have to understand everything in the document, but you will quite quickly learn what the law states.
- If the law of a country is specific and you follow it to the letter, then you are almost certain to be completely safe in pursuing surrogacy in that country. Deviate from it and you might find yourself in unexpected trouble.
As an example, if the law states that ‘uncompensated’ surrogacy is legal and lays out the steps for your name to be entered on the birth certificate, and you follow the guidance to the exact letter, you are almost certainly safe. However, if you then give your surrogate a “gift”, pay her “wages”, rent, or pay her husband to look after the family etc., then you are taking a risk. Sure, you may be over the moon that your surrogate has become pregnant and is being wonderful, but if the law states that you cannot compensate her (except for medical expenses) and you decide to gift her $5,000 – then you may have breached the law – with far reaching consequences. It may also potentially open the door for your surrogate or family members to “request” additional funds before you return home with your baby. If you decline and as retaliation someone then reports it, you may find yourself in court or your Parental Order being denied as you did not comply with the law.