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Commercial Surrogacy: Complete Guide, Costs, Process & Legalities

by Neelam Chhagani

 

Commercial surrogacy

Commercial surrogacy is a surrogacy arrangement in which the surrogate mother receives compensation beyond the reimbursement of medical expenses. It offers a unique path to parenthood for individuals and couples who are unable to conceive or carry a pregnancy. In this comprehensive guide, we will cover what is commercial surrogacy and explore its key aspects like ethical considerations, legal landscape, and pros and cons associated with this form of assisted reproduction.

There are no accurate data on how many kids are born every year through surrogacy.  However, in 2012, the surrogacy industry was valued at around  $6 Billion, although the real value can be much higher than what is estimated. 

Why Does Surrogacy Cost So MuchWomen who are unable to conceive, due to any reason, seek the help of willing surrogate mothers.  Furthermore, the intended parents implant their biological embryos through a medical procedure of the Assisted Reproduction Technique (ART) – IVF process.  There are different types of surrogacy.

Commercial surrogacy refers to an arrangement in which the surrogate mother is compensated for her services with a predetermined fee known as “surrogate compensation,” which is beyond reimbursement of medical expenses. Commercial surrogacy is legal in countries like Ukraine, Georgia, and the USA (a few states). 

Professional agencies facilitate the surrogacy journey and provide compensation to the surrogate. Understanding the distinctions between these two approaches is essential when considering surrogacy options.

Altruistic surrogacy is when the surrogate mother gets no monetary benefit for her services.  Although she gets medical reimbursements, travel costs, loss of wages, and other miscellaneous costs like maternity clothing, etc. Countries like Canada, UK, and Australia only allow altruistic surrogacy only. 

Surrogate Mother Health Requirements

What is the difference between commercial and altruistic surrogacy?

Commercial surrogacy involves a predetermined monetary benefit for the services provided by the surrogate mother. On the other hand, altruistic surrogacy means that other than covering the medical expenses, the intended parents do not have to pay anything more to the surrogate mother.

Typically, altruistic surrogacies are between close friends or family members. For instance, when a woman offers to carry a pregnancy for her friend or sibling without compensation. But, if you are locating a surrogate through a surrogacy professional, your surrogacy is most likely to be a commercial one.

There has been a lot of controversies and debates over the ethical relevance of commercial surrogacy.

Some critics feel that it takes advantage of vulnerable women, commoditizes human life, and exploits the system of reproduction. However, advocates of surrogacy argue that it is not fair for a woman to carry a baby to term for someone else and receive nothing in return.

While the debate is still ongoing, gestational surrogacy processes have helped several single parents, infertile childless couples, and members of the LGBT community to expand their families.

Surrogate Mother paymentWhat is the cost of commercial surrogacy?

Each surrogacy journey is different, and therefore, the gestational surrogacy costs vary depending upon the types of surrogacy, the country of surrogacy, and what all services are included in the surrogacy packages. But, one thing is for certain surrogacy costs are much more in the USA as compared to international surrogacy countries like Georiga, Ukraine, and Mexico. 

The average cost of surrogacy in the USA lies in the range of $130,000 to $175,000.  

On the other hand, in eastern European countries like Ukraine and Georgia, the surrogacy cost is much lower.  Currently, Mexico and Colombia have become one of the cheapest surrogacy countries for gay couples and hetero couples. 

The full services surrogacy services in these countries can be in the range of $50,000 to $65,000.  The guaranteed surrogacy baby plan can be between $60,000 to $70,000 which includes an unlimited IVF cycle with egg donor and surrogate, till the time the intended parents have a baby/babies.

Some factors that influence surrogacy cost includes:

  • Surrogacy agency fees are paid to the surrogacy professionals for helping you in finding a surrogate after conducting screenings and background checks. Generally, agency fees are fixed and paid in one go at the beginning of the surrogacy process.
  • A medical procedure like an IVF cycle costs paid to the IVF clinic where this process is completed.
  • Counseling and education expenses if you opt to work with surrogacy professionals to gain complete knowledge of the process
  • Antenatal medical expenses of the surrogate mother until the baby is born.
  • A predetermined surrogate mother compensation for her services.
  • If the selection of egg donors is involved, then an egg donation fee. It goes to the egg donor agency.
  • The legal fee to draft the surrogacy agreement, pre-birth order, and to take a legal opinion. This legal fee is paid to the reproductive lawyer who is helping the parents to navigate through the surrogacy journey.

Read more:

Top 4 cheapest countries for commercial surrogacy 

Risk of international surrogacy

Which are legal international surrogacy countries

Countries Where Surrogacy Is Legal

Exploring the Ethics of Commercial Surrogacy

The ethics of surrogacy have been the subject of intense debate. Critics argue that it may exploit vulnerable women, commodify human life, and raise concerns about the ethics of reproductive practices. On the other hand, proponents argue that it allows women to be fairly compensated for their commitment and sacrifices, providing a regulated framework to protect the rights of all parties involved. By examining these ethical considerations, intended parents can make informed decisions.

Countries where commercial surrogacy is allowed

So, the next question is where is commercial surrogacy legal? 

Ethical concerns regarding surrogacy have led some countries to restrict or ban this type of surrogacy arrangement.

All forms of surrogacy are banned by countries like Germany, France, Spain, Italy, Bulgaria, and Portugal. In countries including Ireland, the UK, Belgium, and Denmark, surrogacy is allowed in which the surrogate is not paid or just paid for reasonable expenses, such as medical expenses.

Legal Considerations for Commercial Surrogacy

The legal landscape of l surrogacy varies across countries and jurisdictions. While some nations have banned or restricted commercial surrogacy, others have well-defined laws to regulate the practice. It is important for intended parents to understand the legal aspects in their specific region to ensure compliance and protect their rights. Navigating the legal complexities with the assistance of experienced professionals is crucial for a successful surrogacy journey.

International commercial surrogacy

It is legal in some states of the US, namely, California, New Hampshire, Oregon, Washington D.C., Arkansas, Maryland, Illinois, Washington State, and New Jersey.

In Georgia, Ukraine, and Mexico allow commercial surrogacy is allowed.  Thus, making them new hotspots for infertile couples who are ready to pay for foreign wombs to have their children gestated.

More resources for Surrogacy options for international intended parents:

All about surrogacy in Ukraine

All about surrogacy in Georiga 

Surrogacy in Mexico 

Surrogacy laws by country

What is Commercial Surrogacy? A Comprehensive GuidePros and Cons of Commercial Surrogacy

Consideration of the advantages and disadvantages of commercial surrogacy is vital for intended parents.  

Pros

  • Fair compensation for surrogate mothers,
  • Legal regulation ensuring the rights of all parties involved,
  • availability of professional agencies

Cons

  • Higher surrogacy costs for all types of surrogacy journeys
  • Sometimes no explicit legal framework
  • Concerns of exploitation for both surrogate mothers and intended parents.

Making Informed Decisions about Commercial Surrogacy

If you are considering non-traditional parenthood you can consider gestational surrogacy. Making decisions about altruistic or even commercial surrogacy requires a thoughtful and informed approach. Intended parents should consider their individual goals, circumstances, and values.

Engaging with experienced professionals in countries or states with clear surrogacy laws ensures that the process is conducted legally and ethically. 

Conclusion

To sum up, surrogacy can be an excellent way of making families for infertile couples if it is done ethically and legally.  This option of becoming parents should be given to all despite their marital status, sexual inclination, or financial capacity. 

By understanding the key aspects, ethical considerations, and legal landscape, and weighing the pros and cons, individuals and couples can make informed decisions about pursuing commercial surrogacy. With the guidance of professionals, they can navigate the journey with confidence, knowing that their rights and the well-being of surrogate mothers are respected and protected.

To make your surrogacy parenthood journey a hassle-free experience, it is good to follow a few tips:

  • Intended parents concerned with the legal implications, must work with an experienced professional in a country, where there are secure surrogacy laws.
  • It is vital to make sure that the surrogate mother is treated well and rightly compensated for her womb service.
  • The incredibly high surrogacy cost in legal surrogacy countries makes prospective intended parents fall for low-cost surrogacy in risky countries like Kenya, Ghana, or Laos, where surrogacy is not regulated. Such a destination can be lucrative but, most intended parents end up having a myriad of legal issues later.
  • Go for countries, where gestational surrogacy is legally allowed and secure. Countries like UkraineGeorgia, and Mexico offer the cheapest commercial surrogacy country but at the same time have explicit surrogacy legislation in place.
  • Surrogacy for gay couples is more costly and complicated than for straight couples. They have fewer surrogacy options that offer safe and affordable surrogacy.  If you have a lot of money, you can opt for surrogacy in the USA, California.  The other best option would be gay surrogacy in Colombia and LGBT surrogacy in Mexico. 

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy services to build families with love.


FAQs About What is Commerical Surrogacy?

 

What is commercial surrogacy?

Commercial surrogacy is a form of surrogacy in which a woman, known as the surrogate or gestational carrier, carries a pregnancy and gives birth to a child for intended parents who are unable to conceive or carry a pregnancy themselves. In commercial surrogacy, the surrogate is usually compensated financially for her services, in addition to having her medical expenses covered.

How much does commercial surrogacy cost?

The average cost of surrogacy in the USA is $150,000 and above. The cost of commercial surrogacy can vary significantly depending on various factors such as the location, agency or clinic fees, legal fees, medical expenses, and the specific requirements of the intended parents.

What are the legal requirements for commercial surrogacy?

The legal requirements for commercial surrogacy vary from country to country and even within different jurisdictions. Some countries have specific laws that regulate and allow commercial surrogacy, while others may prohibit it altogether or have restrictions in place. Like the USA, Georgia, and Ukraine offer commercial surrogacy, but UK, Australia, and Canada, only allow altruistic surroacy.

Can same-sex couples opt for commercial surrogacy?

Yes, same-sex couples can certainly opt for commercial surrogacy. In many countries where commercial surrogacy is legal, there are no specific restrictions based on sexual orientation like the USA. But some other countries like Georgia and Ukraine do not allow same-sex surrogacy.

What are the potential risks and complications of commercial surrogacy?

Commercial surrogacy, like any medical procedure, carries potential risks and complications. These can include physical risks associated with pregnancy and childbirth, such as gestational diabetes, preeclampsia, and cesarean section delivery. There can also be psychological and emotional risks for both the surrogate and the intended parents, as the process can be emotionally challenging and may involve complex relationships.

How long does the commercial surrogacy process typically take?

The duration of the commercial surrogacy process can vary depending on several factors, including the legal requirements, availability of egg donors, surrogates, and individual circumstances. On average, the process can take 15 months to 24 months.

Do surrogates have any rights in commercial surrogacy?

The rights of surrogates in commercial surrogacy can differ depending on the legal framework of the jurisdiction involved. In some countries, the legal agreements between the surrogate and the intended parents is made in advance and it is clear from the beginning that the surrogate does not have any right over the baby.

References Used:

https://www.cdc.gov/art/art-services/uses-surrogacy.html

https://en.wikipedia.org/wiki/Surrogacy

Neelam Chhagani, MA (Counselling Psychology), PGD (Mental Health), and Holistic Infertility and Third-Party Reproduction Consultant. Member of European Fertility Society, Best Surrogacy Blogger of 2020, with 200 dedicated blogs and top contributor on Quora for Surrogacy. Highly esteemed, authoritative, and trusted professional with a 13-year experience in international surrogacy. Advocate for Secure, Legal, and Affordable International Surrogacy. Learn more: https://www.ivfconceptions.com/neelam-chhagani-surrogacy-consultant/ https://www.linkedin.com/in/neelam-chhagani-92892229/ https://www.quora.com/profile/Neelam-Chhagani

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