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DEFINITION OF SURROGACYWHAT IS THE DEFINITION OF SURROGACY? By Delwyn Lounsbury The definition of surrogacy can seem like a complicated idea, but when it is fully understood, it can make the entire process much easier for everyone involved to accept. Since there can be all sorts of surrogacy issues, from finding a surrogate healthcare provider, to legal, to finding a surrogate mother, the more aware everyone is of the various ramifications, the better. Gay men and lesbian mom(s) can also enjoy the benefits of surrogacy to help them have a child of their own. What is surrogacy? In general terms, the definition of surrogacy is a woman carrying a child for someone else. Stories of surrogacy go back to the Bible in the story of Abraham. His wife, Sarah, arranged Abraham to impregnate her handmaiden, Hagar, who then conceives Ishmael. No doubt this has happened through the ages when there was no heir or blood lineage to carry on the family name. The first modern-day commercial surrogacy agreement in the U.S. was in Dearborn, Michigan in 1976, drafted by and attorney named Noel Keane. Keane went on to found his own commercial surrogacy agency. There are two definitions of surrogacy, traditional and gestational, each of which can carry various legal specifications depending on the laws on surrogacy your state or country. Traditional surrogacy involves the surrogate mother being artificially inseminated with the sperm of the intended father or a sperm donor. Since the surrogate mother's own egg is used in the process, she retains legal parental rights to the child and the intended parents will usually have to undergo a step-parent adoption to establish legal parenthood according to some states definition of surrogacy.
Gestational surrogacy is when eggs from the intended mother or an egg donor are inseminated with sperm from the intended father or again a sperm donor. The resulting embryo is then implanted in the surrogate mother's womb. In this process, extra embryos can be frozen for future implantation if the first try does not take. Since the birth mother's own egg is not used, she will have no legal or biologic connection to the child. Therefore, the new parents names can be entered directly on the birth certificate. There are no laws on banning or against surrogacy here in California A 1993 gestational surrogacy court case, Johnson v. Calvert, awarded the new parents full rights to the child. This stance continues today with several other cases substantiating the courts acceptance of surrogate pregnancy. No matter which of the types of surrogacy you need, there will be a number of surrogacy issues that you will have to consider, from finding a surrogate mother to medical and financial needs to making sure all parties sign a binding agreement. This is where commercial gestational surrogacy agencies coordinate the process with a team consisting of an attorney, a psychologist to make sure the surrogate mother and her husband are both emotionally stable and a top rate fertility clinic. The definition of surrogacy can be murky depending on which country or state you reside. It is always recommended that you get a legal surrogacy agreement in writing before proceeding and that all monies go into a neutral escrow account or the attorney's trust account, for the safety of all involved. Commercial surrogacy is absolutely not allowed in Michigan, New York, Washington, Washington D.C. and with a recent court case New Jersey may be shaky as well. Many states require adoption proceedings or don't allow the woman to profit as a surrogate mother. California does not and that is another of the benefits of surrogacy done here. Some 25 states have laws on surrogacy. Please contact us about your specific area and situation as we can refer you to an agency or attorney specializing in your state. The definition of surrogacy allowed in Canada was changed in 2004 to forbid commercial surrogacy, egg donation or sperm donation. Paying for any of these three is now a $500,000 fine and up to 10 years in jail. If the surrogate mother will do it for free that is allowed. We are one of the few California egg donor and surrogacy agencies. We will make sure that you and your fertility surrogate are positively matched. Once a match has been arranged and an agreement entered into, the surrogate mother and the intended couple will necessarily share a unique bond. Understanding the full definition of surrogacy and all it entails can help all parties involved to be confident and secure in their decision. If this can be achieved, the entire process of surrogate motherhood is likely to go much more smoothly and have a happy ending for everyone. If it is approached properly and handled wisely, teaming up with a surrogacy mother can be a wonderful experience. For infertile intended parents, it represents one of their best options for having a child of your own. If infertility is a problem for you, consider the benefits of surrogacy. Do your surrogate motherhood research. Although adoption can be less expensive there are unknowns that can get out of control and be more expensive in the long run. Marie Osmond's adopted son tragically committed suicide in February 2010. Remember never to give up hope. You do "get what you pay for", isn't that true? With today's technology, having a family does not have to be out of your reach. So, the hope then joy in the birth of your new precious child is the true definition of surrogacy. PS "Don't forget to have kids" Please contact us abut referral to service providers in your state or a state next to you if your state has surrogacy issues. Copyright 2009 - 2010 by Delwyn Lounsbury Use of this article allowed with attribution back to: http://www.surrogacy-surrogate-mother.com
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