What is Commercial Surrogacy: Its Advantages and Disadvantages

Commercial surrogacy refers to an arrangement where the surrogate mother is compensated beyond just medical expenses. This distinguishes it from altruistic surrogacy, where the surrogate is unpaid. Commercial surrogacy is typically pursued through agencies and is more formalized. While it offers a viable solution for intended parents who cannot conceive, it also comes with legal, financial, and ethical complexities.

Where is Commercial Surrogacy Legal?

The legality of commercial surrogacy varies globally. In some countries, such as France, Germany, and Italy, all forms of surrogacy are banned. However, other countries like the UK and Australia allow only altruistic surrogacy. Intended parents often turn to countries like the US, Ukraine, and Russia, where commercial surrogacy is legal and regulated.

In the US, states like California, Connecticut, and Delaware fully support commercial surrogacy, offering legal protection to all parties involved. California, in particular, has become a popular destination for intended parents worldwide, due to its comprehensive surrogacy laws.

Advantages and Disadvantages of Commercial Surrogacy

Advantages:

• Fair Compensation: The surrogate receives financial compensation for her efforts, beyond covering medical costs.
• Clear Legal Protection: In regions where commercial surrogacy is legal, contracts and regulations protect both the surrogate and the intended parents.
• Access to Surrogacy: Intended parents who do not have close friends or family willing to help can pursue surrogacy through agencies.

Disadvantages:

• Cost: Commercial surrogacy is expensive due to the surrogate’s compensation, medical costs, and legal fees.
• Ethical Concerns: Critics argue that it may exploit women, especially in countries with less regulation.
• Legal Challenges: In countries where commercial surrogacy is illegal, intended parents may face legal complications when pursuing surrogacy abroad.

Recommendations for Intended Parents

For those considering commercial surrogacy, it is important to pursue the process in countries or states with well-regulated laws. This ensures that both intended parents and surrogate mothers are legally protected. Working with experienced surrogacy professionals can also help avoid potential legal disputes.