Going Overseas For International Surrogacy In 2023

Are you considering surrogacy to conceive a genetically linked baby? But your country hasn’t legalized surrogacy yet? Don’t worry, international surrogacy can be your ideal solution. However, we understand travelling abroad for surrogacy arrangements can be tedious and complicated but understanding surrogacy laws and having a complete plan beforehand can make the surrogacy journey manageable and hassle-free.

Over the years, the demand for international surrogacy has increased among intended parents due to favorable surrogacy laws, affordable cost, professional surrogates, advanced medical treatments, and more. Whether you are a gay couple, a heterosexual married couple, or hopeful single, surrogacy legal countries can help you fulfill your dreams of parenthood. Though, if you are new you must be wondering what is international surrogacy and how does it work?

International surrogacy is a surrogacy arrangement wherein intended parents pursue surrogacy in another country mainly due to an affordable cost, favourable international surrogacy laws, or better medical treatment. Well, the surrogacy process abroad is similar to other surrogacy arrangements.

The process of finding donors, a surrogate, and completing legal surrogacy requirements may get tedious and time-consuming if you pursue surrogacy independently. However, working with an experienced surrogacy agency can help coordinate with the right professionals and ensures that everything meets with the protocols and IPs don’t face any hurdles amid the journey. Let us walk you through the different factors of international surrogacy for your better comprehension.
Essential Factors for international surrogacy
International surrogacy requirements
Which country is ideal for me?
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Essential Factors for international surrogacy

Before you plan your international surrogacy, intended parents must ensure they are fully aware of the legal surrogacy requirements of their destination country. From surrogacy contracts, obtaining legal parental rights, safely traveling back home, and more. While we support and guide intended parents throughout the surrogacy process but for your education we are listing below a few must-have essential surrogacy factors.

Understanding international surrogacy laws

Surrogacy allows every individual to fulfill their dreams of parenthood. Though surrogacy law differs from each country. And countries like the USA have no federal laws, which means surrogacy laws in the US vary from state to state. So before you commit to the surrogacy procedure, understanding and researching international surrogacy laws is a must.

Not all countries have favorable laws, few countries have legalized Altruistic surrogacy and other Commerical surrogacy arrangement. Then, comes a few countries that have regulated commercial surrogacy but have restrictions like only married couples or single mothers can pursue surrogacy.

For instance, Georgia allows only heterosexual married couples to conceive a baby via surrogacy, Colombia is a friendly destination for gay couples, whereas Cyprus, Greece, and more countries are known as ideal destinations for hopeful singles to embark on the parenthood journey.

International surrogacy laws and regulations also include factors like parentage order application, obtaining a child’s visa to travel back, the child’s citizenship in your home and destination country, and more.

Sounds perplexing? Don’t worry, our experts would help you plan the surrogacy journey effectively and look afte

Obtaining parentage order

In most countries, when a child is born via surrogacy the hospital authorities mention the parent’s name as a surrogate mother and her spouse (if applicable) or intended father as legal parents on the child’s birth certificate. However, intended parents would have to apply in court to change the parents’ names on the birth certificate, and this procedure is known as obtaining a parentage order. Which, IPs need to submit a few documents to prove a genetic connection with the newborn child, and in a few countries, courts may ask IPs to submit a DNA test report as well.

Additionally, a surrogacy contract plays a big role in obtaining parentage orders whether you are pursuing an international surrogacy or within your country. The proceedings for this legal process may differ from every country, there are 2 main factors that you need to consider.

Pre-birth order

Pre-birth order is a legal process that requires submitting a few documents to grant intended parents legal parental rights by mentioning their names on the child’s birth certificate by the time he or she is born. When intendedparents have approval from the court with pre-birth order, they get to take prominent decisions with the surrogate during delivery in case of uncertainties. Intended parents can apply for the procedure, a surrogate pregnant for 4 or 5 months, and after delivery intended parents can have their names on the birth certificate as legal and biological parents directly without any prolonged legal process.

Post-birth order

While there are a few states in the USA and other countries that permit only post-birth orders which means the procedure of establishing parental rights can be initiated only post-delivery. Intended parents need to wait in their destination country.

However, the surrogacy requirements for post-birth orders are similar to pre-birth orders. Though, the process may vary depending on the international surrogacy laws and regulations.

In addition, the court may ask for a DNA test report to determine the genetic relationship between the intended parents and the newborn child. In the case, where one of the partners does not have genetic relation with the baby, he or she will have to apply for second-parent adoption separately irrespective of their marital status or sexual orientation i.e. heterosexual or gay couple.

Second-parent adoption

Second-parent adoption is also referred to as co-parent adoption, an essential procedure for an arrangement wherein one of the partners does not have genetic relation with their baby born via surrogacy. This procedure permits non-biological parents to adopt the child legally and get the rights of all the responsibilities that a parent has.

Few factors to understand while undergoing second-parent adoption:

  • When heterosexual has used donated sperm or eggs for the surrogacy procedure, they will have to consider second-parent adoption.
  • And, when none of the partners has a biological connection with the baby, then the couple will need to undergo a full adoption procedure.

International Surrogacy requirements

One of the important factors to consider before committing to international surrogacy is creating and signing a surrogacy contract with the surrogate mother. This is a legal document that helps protect the legal rights of intended parents and surrogate mothers. In addition, it aids in outlining the entire surrogacy process, assists intended parents to establish legal parental rights after surrogacy, also mentions essential medical factors, and more.

Once IPs find a suitable surrogate match, then the legal representatives of both parties help them discuss and negotiate the factors until both parties agree with the agreement, later the surrogate and intended parents are asked to sign the contract with consent. Without this process, the medical procedure cant be initiated.

There are a few factors that every surrogacy agreement must contain, including:

  • Discussing alternative solutions to what-if situations.
  • Mentioning financial details like the surrogate’s compensation, reimbursement for medical and travel costs, and other expenses.
  • Discussing other essential factors like miscarriage, selective reduction, carrying multiples, surrogate breast milk after delivery, and more.
  • Discussing who will be permitted to be present at the delivery room with the surrogate
  • Surrogate’s health allowance and insurance.

International Surrogacy legal countries

Not all surrogacy programs are the same in all countries, some countries are surrogacy-friendly and have very favourable regulations for commercial surrogacy, whereas there are a few countries that permit surrogacy with certain restrictions and Altruistic surrogacy arrangements. And there are a few developing countries that offer affordable unregulated surrogacy programs.

Sounds confusing? Don’t worry, we are listing a few surrogacy-legal countries in 2 categories for your better understanding. International surrogacy laws play a major role in the success rate of surrogacy journey.

Which country is ideal for me?

While most of the intended parents have this concern while considering surrogacy overseas. We always recommend that intended parents look out for a country that permits commercial surrogacy, recognizes surrogacy contracts, legalizes pre or post-birth orders, and assures intended parents of obtaining legal parental rights.

Though, we understand your concern, contemplating surrogacy laws of different countries can be a tedious and difficult task if you are considering undergoing alone. However, our legal team ensures to walk you through the legal process, required documents, and risk factors of the destination country.

Based on your requirements and expectations from surrogacy, our expert would recommend you suitable country for surrogacy to aid you experience a hassle-free surrogacy procedure.
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Considering surrogacy internationally can be overwhelming for intended parents, but with a proficient team and expertise, we ensure that you stay updated throughout all the stages of surrogacy is followed as required.

From recommending your right surrogacy program, and country to help you travel back home safely followed by the legal process. Global Star Surrogacy commercial surrogacy agency in USA ensures that intended parents fulfill their dream of parenthood with a high success rate of surrogacy.

We are sure, you must have a clear idea about worldwide surrogacy and its process, however, if you have any further queries you can visit our website or book a free consultation call to know more.

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