Surrogacy is whereby an arrangement is made, and a woman agrees to become pregnant and deliver a child for the contracted party. Surrogacy is important as it helps couples who are not able to get a child to have one through a surrogate mother. There are two types of surrogacy; traditional surrogacy and gestationalsurrogacy, in traditional surrogacy an intended father’s spermis used in the insemination, and the resulting child is related to the father and genetically related to the surrogate. Gestational surrogacy is whereby an embryo is created by in vitro fertilization technology (VIF) and implanted in a surrogate; in gestational surrogacy, the surrogate is not genetically related to the child. Surrogacy contract is essential in every surrogacy process as it guides the entire process indicating and outlining each party's rights, roles, and responsibilities before, during, and after the pregnancy. Surrogacy contracts help in minimizing disputes and miscommunication while protecting everyone involved in the surrogacy process.
Some countries support surrogacy while others do not; for examples in New York surrogacy contracts are void and unenforceable this means that the surrogate parents can opt not to hand over the child to the intended parents after the child is born. New York courts will not enforce any law that ababy will be taken away from the biological motheragainst her will. Surrogacy shouldbe enforceable by the lawthrough surrogacy contracts where terms and conditions should be made, and parties should be asked to sign the contracts after agreements. This should be done to ensure that disputes are minimized, and the child is handed to the intended parents without the surrogate claiming the baby but acting as agreed. Fees or compensation should be made to the surrogate mother for the cost incurred during the pregnancy process or as an appreciation to the surrogate. Some surrogate offers their services for free; these include relatives and close family members who want to helpthe infertileor those with child bearing problems have a child especially through embryo transplant.
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A surrogate mother should receive compensation if she wishes to for offering her services and such payments should be enforceable by law. If the law is included in surrogacy processes cases of disputes will end as the surrogate will be sure that the child she is carrying is not hers but belongs to the intended parents; this will also help when making choices to be a surrogate as one will be aware of the terms and conditions. Surrogacy helps infertile and those not able to bear a child at least have a child and not live childless; surrogacy is preferred over adoption because the child born is genetically related to both intended parents if both are fertile and to the father, if the wife is infertile. Surrogacy also helps gay couples to have children through a surrogacy mother.
Surrogacy isseenas a method of medically assisted reproduction and as a treatment for infertility; it is considered to be a generous, humane action meant to help couples who cannot bear children, to offer them the joyof parenting. It is true that sometimes surrogate mothers form an emotional attachment to the child they carry and they do not wish to give or surrender the child to the contracting parents, this is natural since a mother is always passionate to her child and a child carried through surrogate contract is not an exception. The surrogacy contracts should not be considered unenforceable nor allow the surrogate parent keep the baby. This is because when the person agreed to be a surrogate parent, she understood well what it means to be a surrogate mother thus she should do the necessary by handing over the child to the intended parents as agreed before the process commenced. The surrogate process has come to the rescue of many parents as unproductive parents can enjoy the joy of parenting through surrogacy.
