What is surrogate pregnancy?

Surrogate or substitution gestation, popularly and erroneously known as surrogate motherhood or surrogate motherhood, is a method of assisted reproduction characterized because the woman who gestates the baby will not ultimately be the mother of the same.

This technique is especially complex from the ethical and emotional point of view, since it breaks with the traditional idea about how a family is formed.

In Spain it is a practice prohibited by Law 14/2006 and, for this reason, people who need to resort to surrogate pregnancy are forced to travel to a foreign country.

Below you have an index with all the points that we will discuss in this article.

Index

What is surrogate pregnancy?

The definition of surrogate pregnancy implies that a woman, known as a pregnant woman, agrees to give birth to another person's or partner's child. The future parents of the baby are usually called parents of intention.

Whenever possible, the ovules and sperm will be provided by the parents of intention, so that the future child will be biologically yours. If it is not possible for the mother to provide the genetic material, it is recommended to resort to a donor.

The ideal situation is that the pregnant woman only provides the uterus to maintain the pregnancy and give birth to the future baby.

After delivery, the baby is delivered to the parents of intention. Previously, a contract must be signed between both parties for which the pregnant woman waives the right to motherhood.

Types of surrogacy

Depending on how the pregnancy of the pregnant woman is achieved, we distinguish between two types of pregnancy by substitution:

  • Traditional or partial surrogacy: the pregnant woman is also the woman who contributes the genetic load. It usually refers to the surrogate pregnancy carried out through an artificial insemination with semen from the future father, although it could also be an IVF with ovules from the pregnant woman.
  • Gestational or complete surrogate pregnancy: the pregnant woman does not give up her ovules for the creation of the embryo that is going to gestate, but the genetic endowment comes from the future mother or in some cases from an egg donor.

The traditional surrogacy is not usually applied today, because in that case, the involvement of the pregnant woman would be greater. Normally, it is intended that the future mother provide the ovules and, if this is not possible, the donation of ovules is used.

The majority of destinations where the surrogate pregnancy is applied only allows the gestational or complete form.

Surrogate pregnancy is the most complex assisted reproduction treatment. Therefore, it is important that you put yourself in the hands of good professionals. If you do not know trusted companies, The Calculator will show you the destinations that your family model allows and will provide you with an indicative budget. In addition our team of specialists will study your case in particular to recommend the companies that best suit your needs and meet our rigorous quality criteria. More than 10 years of experience behind us.

When is it needed?

The majority of people who resort to surrogate pregnancy are heterosexual couples who are in any of the following situations:

  • Absence of uterus
  • Alterations or uterine anomalies
  • Diseases that prevent pregnancy by posing a risk to the health of the mother or baby
  • Repeating miscarriages
  • Repeated failures of IVF

Also single women and lesbian couples with this type of alterations can resort to subrogation to be mothers.

For their part, single men and male homosexual couples are also a common collective in surrogacy, since it is the method that allows them to have a biological child, since they can provide sperm. This case is what is known as a surrogate pregnancy due to structural or constitutional sterility, that is, it is not possible to gestate through the male anatomy itself.

Surrogate pregnancy

Subrogated pregnancy in Spain

The Spanish law on techniques of assisted human reproduction (law 14/2006) indicates in article 10 that the surrogate pregnancy contract is null and void and that the woman who gives birth is considered the legal mother of the baby.

Therefore, people and couples who need this method to have a child have to travel to countries whose legislation allows the application of this reproductive method for foreigners.

The most common destinations are the United States, Canada, Ukraine, Russia and Georgia. Each of these countries has its own legal conditions regarding the surrogacy process.

There are laws that only allow certain family models, there are those who demand that the parents contribute the gametes, etc. It is important that parents of intention make sure they meet the legal requirements established in each destination before starting the process to avoid future problems.

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Questions from users


surrogate pregnancy in Barcelona(Spain)

Comments

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