Thousands of couples around the world use surrogacy services when they cannot have children. The opportunity to use surrogacy services is very important and necessary for these couples. Many celebrities became fathers as a result of surrogacy programs, including Kim Kardashian and Kanye West, Nicole Kidman, Sarah Jessica Parker, Tyra Banks, Lucy Liu, and many others.
Surrogacy is a method of treatment of childlessness, a type of assisted reproductive technology (hereinafter – SRT), when a woman (surrogate mother) voluntarily agrees to conceive in order to give birth to a child that is biologically alien to her, The surrogate mother will then give the child to other persons (genetic parents) for training, and the surrogate mother will no longer be bound by her rights or obligations.
The vast majority of countries in the world prohibit the use of DRT in the form of surrogacy. In Spain, Italy, France, and many other European countries surrogacies are completely prohibited, while in the Netherlands, Portugal, Greece, Canada, and Australia non-commercial (“altruistic”) surrogacy is allowed. Over the past few years, countries such as Thailand and India, which previously offered surrogacy services, have prohibited commercial surrogacy.
Commercial surrogacy has been officially allowed in Ukraine since 1997. Today, commercial surrogacy is also allowed in Israel, Russia, Belarus, and some states of the USA. In the U.S., a total ban on surrogacy is provided for in the laws of four states. Until recently, New York was among the states that prohibited surrogacy. However, on April 3, 2020, a document was signed into law that legalizes surrogacy and specifies the procedures for its use on New York territory – the A Medical Practitioner’s Guide to the Child-Parent Security Act, but the document does not take effect until February 15, 2021.
As for the history of the use of this type of SRT, the first official surrogacy contract was signed back in 1976. Traditional surrogacy was used, i.e. the mother who was vinifying and giving birth to the child was her own. A surrogate mother did not receive a fee for being pregnant or having a child.
In 1980, surrogate Elisabeth Kane of Illinois received her first compensation of $10,000 for wine and childbirth.
In 1985, the U.S. had an accident that was called “Baby M.” (“Baby M.”). After the baby was born, the surrogate mother, who had a genetic connection with the child, refused to give the newborn to her friend. This precedent marked the beginning of gestational surrogacy, for which the surrogate does not have a genetic link with the child. When a child is born, the surrogate mother’s blood group is not passed on and the child is the same as the mate’s blood group or at least one of the mates.
An absolute majority of countries in the world, including Ukraine, today exclusively use gestational non-spousal motherhood and abide by the rules of anonymity of donors. This allows us to protect the rights of all participants in the surrogacy program and minimizes the risk of non-replacement of the child by the surrogate.