Legal Aspects on Surrogacy

Many people who want to try the process of surrogacy often have one question in mind…. Is it legal? Currently the process of surrogacy can be classified into two main categories namely: Traditional Surrogacy and Gestation Surrogacy. Both procedures are legal although there are certain advantages and disadvantages for both procedures.

Traditional Surrogacy is best defined as the process where the surrogate mother uses her own eggs and the sperm of the client through artificial insemination. This process is relatively simpler and has a higher rate of success compared to Gestation Surrogacy. However, one of the main disadvantages of this procedure is that there is a genetic link between the surrogate mother and the baby. In case of incidences where the surrogate mother suddenly had a change of heart and could not relinquish the rights of the baby a law suit could arise which could favor the surrogate mother because the mother and child still has a genetic link since the surrogate mother’s eggs were used in the process. Incidences like these rarely do happen, especially with a professional surrogacy agency where the surrogate mother is properly compensated and was made to sign a contract regarding the baby. Many people still use the Traditional surrogacy because it is more effective, less costly and has a higher rate of success. If you would like to try this process it would be better to get to know the surrogacy agency very well. Know all the important policies regarding legal matters as well as discuss this important information with the surrogate mother to avoid any legal law suits.

Gestation Surrogacy on the other hand offers more legal protection for would be parents who want to try the process of surrogacy. However there are certain disadvantages for this process. One of the main disadvantages is that this process is relatively costly. The process of In Vitro Fertilization (IVF) is very risky and expensive. IVF is done by harvesting the intended parent’s eggs and sperm and fertilizing them and then the fertilized eggs are placed on the surrogate mother for the entire pregnancy. The rate of success for IVF is relatively lower compared to Traditional surrogacy although the legal aspect of Gestation surrogacy is better compared to Traditional surrogacy. One of the great advantages of Gestation surrogacy is that the baby would be genetically linked or related to the intended parents because it was there actual egg and sperm that were used to conceive the child.

Overall the legality of surrogacy in Florida is well protected both Traditional surrogacy and Gestation surrogacy. Florida has become one of the most visited locations for surrogacies all over the world. It currently has two great statutes or laws that protect the welfare of the surrogate mother as well as the would be parents who want to try surrogacy. Most states in the U.S. only permit Traditional surrogacy which often leads to unnecessary law suits. If you are planning to try this process it would be best to look for reliable surrogate agencies in Florida. You can now find a lot of online resources that can help you decide on the right surrogate agency for you.