to the new age technologies, parenthood can be practically available for anyone
who is of age and is ready for parenthood. However, with the new advancements of
surrogacy and artificial insemination it would seem as if adoption rates are
going to drop or that adopting agencies will not be as strict. As a lesbian, I
am extremely grateful for the surrogate and artificial insemination option.
Both options offer a chance for my spouse and I to have a child with one of our
DNA’s. I do believe there are still advancements to be made in the art of
reproduction. I feel that any couple or individual will be better prepared of
making the right choice of how they want to conceive after reviewing my
From my research it seems most
surrogacy arrangements are successfully implemented and most surrogate mothers
are well-motivated and have little difficulty separating from the children born
as a result of the arrangement. The perinatal outcome of the children is
comparable to standard IVF and oocyte donation and there is no evidence of harm
to the children born as a result of surrogacy.
Exercise- Each couple will discuss the questions below
to grasp an idea of what they need to be prepared for.
? Does the state even allow surrogacy to take place? ? Are surrogate
contracts allowed in the state? ? How difficult or easy is it to transfer
the parental rights and/or custody of the child from the surrogate to the intended
individual or couple? ? What testing procedures will be utilized ? How and
where will the embryo implantation be done ? How will the surrogate cooperate
with the intended parent or parents once the child is born ? Who will obtain
guardianship of the child should the intended parent or parents pass away when
the child is still a minor ? What fees and expenses will be paid by the
surrogate and/or the intended parent or parents
Prior to moving forward with the
surrogacy procedure – regardless of the role – it is a good idea to have all
potential legal issues reviewed. It is advisable to have a surrogacy contract
drawn up and signed at the very start of a relationship between a surrogate and
the individual or couple that she will be working with.
What factors do I need to
consider from a legal stand point?
Course Session #6
Exercise- Couples will be given 5 scenarios of couples
in different situations and will determine what non-traditional pregnancy is
best for that couple.
You have been denied by the
adoption agency and you have never had any luck getting pregnant after a year
of trying with your significant other. What are your options?
Course Session #5
Exercise- Couples will be
asked what actions could the couple that is not able to produce a child have
taken to ensure the claim of the child could not be questioned?
It is now
possible for 4 separate individuals to claim parenthood in a given situation:
the woman who contributes an ovum (genetic mother), the woman who
gestates the child (gestational mother), the sperm donor (genetic
father) and the intending father (the social father/the man who
will raise the child).
In a traditional surrogacy.
Who can claim the child?
Course Session #4
Exercise- Couples will
create a budget plan to see if one can afford the cost of surrogacy.
Intended Parents should budget for average
surrogacy costs ranging from $98,000 to $160,000, and understand the costs will
vary depending on the services required for each individual situation. This includes the surrogate mother fee,
management fees, the cost of IVF and associated medical treatments as well as
pricing for legal, travel, maternity care and other expenses (Conceive
How much does it cost to hire
a surrogate mother?
Course Session #3
Exercise- Couple will discuss worse case scenarios
with the group to help put into perspective of possible complications of
is known as to what would happen if the baby, carried by the surrogate mother,
is born with a disability. To date, there is no law available to ensure a
contracting mother adopts the disabled contracted surrogate baby, and she
could therefore renege on her ‘contract.’ It would be unfair in such circumstances
for the surrogate mother to be asked to bring up the baby (International center of
law, life, faith and family). Some agencies require applicant
surrogates to accept in advance to abort if they are asked to do so.
there ways to legally regulate parental responsibilities in the case when a
child is unwanted by all contractors?
Course Session #2
Exercise- Look up the state that you live in and see
what the states rules are on surrogacy.
The law of surrogate motherhood in the United States is in a state
of flux and confusion. States have widely differing laws, some enforcing
surrogacy contracts, some banning them entirely, and some allowing them under
certain circumstances. Many states have no laws regarding surrogacy contracts
at all. No single statutory regime has won widespread acceptance. As a result,
courts are often left to decide parenthood disputes arising from these
contracts, and employ a range of theories by which to do so: intent, contract,
genetics, gestation and, rarely, best interests of the child. (Spivack, C. 2010).
for surrogate motherhood enforceable under American law?
Course Session #1
Literature briefs: In this section, list three to six articles you have read that are relevant
to your topic. You might also include book chapters. Write the full reference
for your source. Under each reference, briefly describe the main point of the
article, chapter, or book. Each brief should be two to four sentences. If you
quote the author, don’t forget to include the page number of the quote. Don’t
use the same quotes you used in your introduction. Your references should be
written in APA style. Examine annotated bibliographies to get ideas for this
section (one to two pages).
There isn’t a
federal law on surrogacy and state laws vary. After a surrogate pregnancy in
some states, you may still have to pass adoption proceedings to gain legal custody
of the child. In other states, a “declaration of parentage” before
birth lets you avoid having to “adopt” the baby. To protect your
rights as parents-to-be — and the rights of the child you’re hoping to have —
hire an attorney who specializes in reproductive law in your state. He can
write a surrogacy contract that clearly spells out what everyone needs to do. A contract like that may help if legal issues
come up after birth. It can also outline agreements about a variety of possible
scenarios with the pregnancy, such as what happens if there are twins or if the
child is born with a defect.
Surrogates have made parenthood an
option for people who might not be able to adopt a child, perhaps because of
their age or marital status. Surrogates/artificial
insemination provides the LGBT society a means to have a child that has a part
of their DNA. A gay couple can use
traditional surrogacy by using one of their sperm to fertilize the surrogate’s
egg through artificial insemination. The surrogate then carries the baby and
gives birth. Parental rights aren’t guaranteed after a surrogate
pregnancy. The law continues to change as reproductive technology and the very
definition of a “parent” changes.
Factors that have contributed to the
popularization of surrogate motherhood and other reproductive technologies are
both medical and social in nature. In the United States there are reportedly
two to three million infertile couples (Office of Technology Assessment, 1988). If you’re
a woman you may consider a surrogate for several reasons: Medical problems with
your uterus, you had a hysterectomy that removed your uterus or conditions that
make pregnancy impossible
or risky for you
motherhood is one of many
forms of Assisted Reproductive Technologies (ARTs) that have developed in
response to the increasing number of individuals/couples who find themselves
unable to conceive a child on their own. Surrogate motherhood involves the
services of a woman who agrees to carry/gestate a child for the express purpose
of surrendering that child to the intending/commissioning couple upon the birth
of the child (Surrogacy).
A diagnosis of infertility is defined
as the inability of a heterosexual couple to produce a pregnancy after one year
of regular intercourse, that is, unprotected intercourse (Stangel, 1979). The
social factors that have contributed to the rise in the rates of infertility
and that have resulted in an increase in the demand for reproductive
technologies are the trend toward later marriages and the tendency for growing
numbers of women to delay having children until later in their reproductive
years. With advances in reproductive medicine, couples who would not have been
able to reproduce in the past are now able to have children who are completely
or partially genetically related to them.
The reproductive system is a collection of
internal and external organs — in both males and females — that work together
for the purpose of procreating. When an
issue of the reproduction system occurs with either the male or female
partner. It can take quite a toll on a
couple’s relationship. It can cause emotional, physical, psychological issues
in one another of not feeling adequate for the other person. Thankfully in
today’s world there are other options for couples to live the dream of having a
In January 1978, the London Evening News informed its
readers of its shocking discovery that British lesbians were conceiving babies
by artificial insemination by donor (AID). Assisted by a respected London gynecologist,
Dr David Sopher, the women were planning and raising children in the context of
lesbian relationships, challenging conventional family models and the
widespread presumption that lesbianism and motherhood were mutually exclusive
identities. The debate which was sparked by the Evening News expose and taken up
in Parliament, the national and local media and on the streets in the
subsequent weeks, offers an insight into attitudes towards lesbian motherhood
in the late 1970s. This article explores constructions of lesbian mothers and
the impact on the experiences and identities of lesbian mothers themselves.
Another option for child conception besides surrogacy is
artificial insemination which started to become popular to lesbians in the late
1970’s. Jennings (2017) explains the
process of artificial insemination and why a couple would utilize artificial
surrogacy seemed to have been practiced since ancient times, its resurgence in
the contemporary era has been nothing short of phenomenal. With advances made
in reproductive technology, it is now possible to fertilize eggs and sperms in
laboratories and have the embryo transferred into the womb of a surrogate
mother for gestation. Through a combination of push and pull factors, this
possibility of gestational surrogacy has led to the meteoric rise of
cross-border surrogacy. This paper seeks to highlight the ethical and legal
challenges associated with the practice, and calls for better legal oversight
at international level.
It is extremely important to
remember the complications that could occur in surrogacy. Make sure you research
if surrogacy is legal or illegal in your state or country. What if the child
born comes out with a differently than expected? Gunputh, R & Choong, K.
(2015) provide information on what to be prepared for if complications arise.
is made with research findings relating to children conceived from IVF and DI.
From the limited research and anecdotal evidence available a generally positive
picture emerges of surrogates motivated largely by altruism, who express few
concerns about separating from the child conceived as a result of the
arrangement, with parents who are functioning well and the children themselves
subsequently showing good adjustment. It is concluded that further systematic
research is required to verify whether this picture is indeed correct
surrogate mothers who willingly offered to carry another persons’ child show
more signs of selflessness if it means helping the greater good. Edelmann (2003) explains the benefits of
research carried out on surrogacy triads (surrogate mothers, commissioning
mothers and offspring) and shows that research has focused on a number of
specific issues: attachment and disclosure to surrogate offspring; experiences,
characteristics and motivations of surrogate mothers; and changes in profiles
of the commissioning/intended mothers. Virtually all studies have used highly
selected samples making generalizations difficult. There has been a notable
lack of theory, no interventions and only a handful of longitudinal studies or
studies comparing different populations. Few studies have specifically
questioned the meaning of and need for a family or the influence and impact
that professionals, treatment availability and financial factors have on the
choices made for surrogate and intended mothers. Societal attitudes have
changed somewhat; however, according to public opinion, women giving up babies
still fall outside the acceptable remit.
expresses concern of if surrogacy is/can be harmful to the child and surrogate
mother. However, there is not strong evidence showing either of these are true
according to Olga (2006). Society
focuses on a woman giving up a child than seeing surrogacy as a service to
those who are unable to become pregnant.
Gestational surrogates. A technique called
fertilization” (IVF) now makes it possible to gather eggs from the mother,
fertilize them with sperm from the father, and place the embryo into the uterus
of a gestational surrogate. The
surrogate then carries the baby until birth. She doesn’t have any genetic ties
to the child because it wasn’t her egg that was used. A gestational surrogate is called the
“birth mother.” The biological mother, though, is still the woman
whose egg was fertilized.
Traditional surrogate is when a woman gets
artificially inseminated with the father’s sperm. She then carries
the baby and delivers it for you and your partner to raise. A traditional surrogate is the baby’s
biological mother. That’s because it was her egg that was fertilized by the
father’s sperm. Donor sperm can also be used.
Not everyone is graced with being in a healthy
heterosexual couple and on top of that we have more and more non-heterosexual
couples. It is important for those
couple to have a way of experiencing parenthood without having to adopt. If the
couple is lucky enough to qualify for adopting. Web M.D. (2015) explains the
difference in surrogate options available.
This training program is geared towards
couples who are interesting in having a child but are unsuccessful for one reason
or another. This training is aimed to provide perspective of surrogacy options,
artificial insemination options, cost, legal issues/concerns and religious lash
are alternative options for a couple/individual to produce a child and the
benefits and complications involved.
religious/cultures factors about surrogacy/artificial insemination.
legality factors that could come occur and how to protect/prepare yourself.
Explain why a couple might use surrogacy or artificial insemination.
Provide information on how surrogacy and artificial insemination works.
Teach the difference between traditional and gestational surrogacy.
1. Educate couples on alternative ways to have a child.
The purpose of this training