The world has warmed up to the concept of surrogacy that allows childless couples or single persons to become parents most countries allowing surrogacy have framed their own laws for regulating surrogacy and also protecting the rights of the surrogate and as well as the child. However, the lack of an international law creates complications for surrogates as well as intending parents.
Most countries that allow surrogacy have framed laws to regulate it. Thereby also protecting the rights of the surrogate. While countries like Britain, America, Australia, the Netherlands and Denmark are among those where altruistic surrogacy is legal and countries such as France, Germany, Italy, Spain, Portugal and Bulgaria prohibit all forms of surrogacy.
Commercial surrogacy is not legal in the United Kingdom the surrogate is the child’s legal parent at birth. Legal Parenthood can be transferred by parental order or adoption only once the child is born.
In the United States of America, surrogacy laws vary from state to state. Surrogacy friendly states allow both commercial and altruistic surrogacy. Arkansas, California, New Hampshire are some such surrogacy friendly states. New York does not allow commercial surrogacy. Michigan forbids absolutely all surrogacy agreements.
However, a lack of internationally recognised laws creates difficulties for aspiring parents. In cases where intended parents go to surrogacy friendly countries, it can take a long time to bring a surrogate baby back to their home country. This is due to different surrogacy laws in the home country and the country where the baby is born. Many experts argue that an international an agreement similar to the Hague adoption the convention could provide consistency across countries thereby making the process more streamlined.