Surrogacy Laws and Regulations

This assignment compares and contrasts the surrogacy laws in four countries: USA, California, India, and UK. It focuses on the UK's HFEA, 2008 act, which is criticized for not being favorable to intended parents. The assignment suggests revising the rules regarding parental orders, making them accessible to single individuals, and registering child birth with a minimum time limit of 6 months. Additionally, it proposes centralizing data collection on surrogacy and parental orders, recording IVF cycles and births, and revising ad regulations for non-profit organizations.

Who should be considered as the Legal
mother in the context of Surrogacy?

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................4
Surrogacy:........................................................................................................................................4
TYPES OF PARENTAGE..............................................................................................................5
Genetic parenthood......................................................................................................................5
Gestational parenthood................................................................................................................5
Psychological parenthood............................................................................................................5
DIFFERENT TYPES OF SURROGACY.......................................................................................5
Traditional surrogacy:..................................................................................................................5
Gestational surrogacy..................................................................................................................6
MAIN BODY..................................................................................................................................7
UK law.........................................................................................................................................7
Law that governs Surrogacy (Surrogacy Arrangement act 1985,HFEA 2008)...........................8
Surrogacy Arrangement act 1985-...............................................................................................8
Human Fertilisation and Embryology Act 2008 (HFEA 2008)-.................................................9
CASE LAWS.................................................................................................................................10
X(A Child) (Parental Order Time limits)..................................................................................10
Re D (Minors) (Surrogacy)........................................................................................................10
A v P:.........................................................................................................................................10
Re Z (A Child) (Human Fertilisation and Embryology Act: Parental Order):..........................11
Re X & Y (Foreign Surrogacy).................................................................................................11
Evaluating different journal articles..........................................................................................11
Evaluating International law of countries (United states-California, India & Ukraine)
&analysing how is differs from the current UK law and the way in which they handle the
contract and agreements related to surrogacy............................................................................13

Laws governing in US California..............................................................................................13
Laws governing in India............................................................................................................14
Laws governing in Ukraine.......................................................................................................15
CONCLUSION..............................................................................................................................16
BIBLIOGRAPHY..........................................................................................................................19

INTRODUCTION
Surrogacy:
According to Warnock report, Surrogacy may be served as a practice of giving birth to
the child of others and handed over the same after birth. In other words, it can be stated that in
surrogacy one woman carries or give birth to the child for another with an intention to handover
to the concerned authority. In the recent times, artificial insemination and the development
aspect of in vitro fertilization have eliminated the need for sexual intercourse1. From research, it
has been assessed that in the past time frames sexual intercourse was the main requirement for
surrogated pregnancy. Now, surrogacy can be done through taking into consideration several
forms. In this regard, the commissioning mother may be a genetic in which she provides egg or
may make no contribution in pregnancy. Further, in this, genetic father may be husband of the
commission or carrying mother.
Along with this, anonymous donor also makes vital contribution in the surrogated
pregnancy. Thus, considering all such aspects it can be presented there are several possible
combinations that can be undertaken for the purpose of child conception, birth and early
environment. Apart from these, the most popular form of surrogacy that is considered now a
day’s including artificial insemination and in vitro fertilization. Under artificial insemination,
carrying mother is recognized as genetic and inseminated with semen from the male partner of
commissioning couple2. Thus, in the case insemination, semen is introduced into woman through
the artificial means. On the other side, in vitro fertilization, both egg and semen are the results of
1Surrogacy. 2017. [Online]. Available through:
<https://www.lajollaivf.com/fertility-treatments/surrogacy-san-diego/>.
2Report of the committee of inquiry into human fertilization and embryology. 2017. [pdf].
Available through: < http://hfeaarchive.uksouth.cloudapp.azure.com/www.hfea.gov.uk/docs/
Warnock_Report_of_the_Committee_of_Inquiry_into_Human_Fertilisation_and_Embryology_1
984.pdf>.

the activities performed by commissioning couple. Hence, under such fertilization, resultant
embryo is transferred and implants in the carrying mother for the purpose of pregnancy.
TYPES OF PARENTAGE
Genetic parenthood
A biological parent is the one whose gametes resulted or comes into the form of child. In
other words, sperm of male and female’s ovum are resulted into child3. Thus, it can be mentioned
that a parent who conceive a child comes under the category of genetic parenthood.
Gestational parenthood
For the completion of pregnancy, surrogate mother carries a fertilized embryo. In the
gestational parenthood, uterus of surrogate is used for nurturing and development of an embryo
into a baby. In this, the mother who bears the child is legally the child's mother, whereas the
mother who provided the egg is no
Psychological parenthood
A psychological parent is one who, on a continuous, day-to-day basis, through
interaction. The psychological parent may be a biological, adoptive, foster or common law
parent.
DIFFERENT TYPES OF SURROGACY
Traditional surrogacy:
Such kind of surrogacy is also termed as partial or genetic due to having biological link.
Moreover, in this, surrogate, concerned female, provides eggs so she is highly connected or
related to the child. By doing assessment, it has found that in the case of traditional surrogacy
there are two forms from which surrogate undergoes either artificial insemination or IVF. In this,
3Genetic parenthood. 2017. [Online]. Available through: <https://prezi.com/-q6qaquulsgj/social-
gestational-and-Ge sgenetic-parenthood/>.

surrogacy is highly based on the sperm comes from the male or donor4. However, g such kind of
surrogacy method is considered as older one due to having genetic links between the entities
such as surrogate and the baby. Along with this, due to the downside risk associated with such
kind of surrogacy now people less prefer in relation to adopting traditional method. In traditional
surrogacy, people who may consider for the same includes single men, same sex couples and
intended mother who can’t produce healthy eggs. Process of traditional surrogacy highly differs
from the aspects of gestational.
In addition to this, traditional surrogacy is considered as less expensive as compared to
the other forms. Along with this, under traditional surrogacy, there is no requirement for
intended mother to undergo with the medical process. Moreover, in this, eggs produced by
intended mother are not harvested for the creation of embryo. However, there are some
limitations that closely associated with the aspects of traditional surrogacy. In this, surrogate is
the biological mother of child and has parental right on baby. On the basis of such aspect
surrogate has power in relation to changing mind and keep the baby with herself. Thus, it is
considered as one of the main limitations due to which now individuals use gestational
surrogacy.
Gestational surrogacy
In recent times, people lay high level of emphasis on gestational surrogacy in which surrogate
mother carries a pregnancy and give birth to the child. Under such surrogacy, egg and the sperm
of the intended parents are used. The main aspect of gestational surrogacy is the lack of genetic
relations with the child. In this, surrogate acts as a gestational carrier for the pregnancy. From the
evaluation of types, it has asserted that egg of gestational surrogate is used during the IVF cycle.
Hence, such cycle is occurring with process of in vitro fertilization significantly5. Thus, it can be
depicted that in gestational surrogacy, surrogate is considered as birthmother because she carries
4Types of surrogacy in UK. 2017. [Online]. Available through: <
https://www.surrogacyuk.org/about_us/types-of-surrogacy>.
5Traditional Surrogacy and Gestational Surrogacy. 2017. [Online]. Available through: <
https://www.fertilitysourcecompanies.com/what-is-a-surrogate-mother-or-a-gestational-carrier/>.

and delivers baby. On the other side, in traditional surrogacy, egg of surrogate mother is used so
she is recognized as biological mother. This is one of the main aspects due to which majority of
the people prefer gestational surrogacy over the traditional one.
Along with this, such kind of surrogacy is not legally complex which in turn encourages
individuals towards surrogacy. By doing research and evaluating articles it has assessed that host
or gestational surrogacy mainly includes three stages such as Egg donation, fertilization and
transfer. Description of the main stages of gestational surrogacy is enumerated below:
 Egg surrogacy: In the first stage, for the extraction of the number of eggs female IP or
egg donor undergoes from the specific process.
 Fertilization: Once egg surrogacy has been done thereafter then the egg is fertilized with
semen
 Transfer: At the last stage, the fertilized egg is transferred into the womb of surrogate
mother.
MAIN BODY
UK law
Surrogacy is a quite restrictive practice in UK which is governed by several legal norms.
This is on considering a factual instance of advertising in UK to hire a surrogate mother is
directly referred as a crime or one assumes that the one who have advertised such post is eager to
act as a surrogate. Also, on considering other legal norms relating to the act of surrogacy in UK,
planning to deal for surrogacy with assistance of an agent on commercial basis is together
referred to be a crime6. Beside this, any agreements of surrogacy are together not enforceable in
UK courts which directly states that one cannot refer to get into a lawfully binding agreement of
surrogacy in UK. Although, there existed a vital role of the family courts that have practiced to
offer a concerning outlook to the parents who have intended to apply for a supportive
6Osmotherley, J., 2015. UK Surrogacy Update. [Online]. Available through:
<https://www.clarionsolicitors.com/blog/uk-surrogacy-update>.

arrangement of surrogacy. But, they have in turn had an extensive will to act in a best possible
manner to serve the safeties of the child without any guaranteed intent.
Law that governs Surrogacy (Surrogacy Arrangement act 1985,HFEA 2008)
This section is to demonstrate the legal norms that tends to govern the practice of
surrogacy in UK. It is thereby found that under the clauses of English law, the official mother of
the child who have born through the practice of surrogacy will always represent as the legal
mother of the born child. This is basically on following the common legal norms where the
woman carrying a child is always intended to be the legal mother. This law is however created to
benefit the mother who are conceiving with assistance of donor eggs. Thus, in case of
surrogacies, this indicates that the one who is intending to become a mother has no such
recognition of a parent despite of being the biological mother of the child7. It thereby depends
upon various type of surrogacies and on whose basis, the legal mother of a surrogate mother is
being determined in UK. Although, it is together on considering the fact where there exists 2
main type of surrogacies namely traditional and gestational also termed as straight and host.
Among these two measures, the straight or traditional surrogacy is not legally permitted in UK
and they are therefore bound to adopt the practice of host or gestational surrogacy.
It is thence important to acknowledge the legal bureaucracies that are required to be
followed for the practice of surrogacy and the acts governing it, as stated below-
Surrogacy Arrangement act 1985-
This is the main act which is mainly concerned about prohibiting any case of commercial
surrogacy preparations in the nation. This act has duly reflected the social attitude of people
towards surrogacy in the era of 80’s. The current UK surrogacy law is still having its origin in
1980’s where this act rushed through assembly as a response towards the case of baby Cotton.
This law was thus created on considering that a restrictive arrangement of surrogacy will tend to
smoothen this practice even before its development8. This law stated that under a surrogacy
7History of UK surrogacy law. 2014. [Online]. Available through:
<http://www.nataliegambleassociates.co.uk/knowledge-centre/history-of-uk-surrogacy-law>.
8Norton, W. amd et. al., 2015. A survey of UK fertility clinics' approach to surrogacy
arrangements. Reproductive biomedicine online.31(3). pp.327-338.

arrangement, a woman carries a child to benefit other by giving birth. However, the most
common arrangement that has been done in agreement to this law is the surrogate mother will be
artificially fertilized by the male partner of the contracting parents with no direct biological
relationship among them. Such type of insemination may take place in laboratories by using the
inherited material from both the contracting parents. This is basically to transplant the resulting
embryo into the surrogate mother.
Human Fertilisation and Embryology Act 2008 (HFEA 2008)-
This is yet another leading law governing the practice of surrogacy in UK and was firstly
formed in the year 1990. According to which, the enforcement of surrogacy arrangements
depicted a principal need of going through a legal mechanism by referring to the parental orders.
It was with a vital aim of sanctioning the provisions of surrogacy in a retroactive way9. In whose
accordance, the baby will be legally handed over to the authorized parents with everyone’s
agreement. However, the provisions that were meant to create parental orders were not properly
intended as an outline for surrogacy and was simply attached onto a Bill at the very last moment.
This led to an embarking change in the year 1997 where the Labour administration specially
made a separate report on the law of surrogacy with some additive requirements in the existent
one10. This in turn led to the formation of a new legislative law called HFEA 2008 to tighten up
the rules on making payments with certain altered rules of surrogacy agencies by the Health
Department of UK. Although, nothing from the Brazier Report's commendations were
implemented ever. The HFEA 2008 in turn led to 2 major changes where the non-profit-making
agencies of surrogacy were formally made legal. Also, the classification of parents who could
apply for parental order has been expanded to involve some more inclusions to authorize both
unmarried and same sex couples.
9Goodwin, M. and Bates, S., 2016. The ‘powerless parliament’? Agenda-setting and the role of
the UK parliament in the Human Fertilisation and Embryology Act 2008. British Politics.11(2).
pp.232-255.
10Horsey, K., 2015. Revisiting the Regulation of Human Fertilisation and Embryology.
Routledge.

CASE LAWS
X(A Child) (Parental Order Time limits)
By doing analysis of such case, it has assessed that, as per section 54 (3) of Human
Fertilisation and Embryology Act 2008, court can make or give a parental order only when
application is made after the expiry of 6 months. It must be from the day on which child was
born.
Re D (Minors) (Surrogacy)
From assessment, it has found that in the case of D& L minor surrogacy the children had
been born in India to a surrogate mother. In this, both biological and civil partner sought a
parental order. Hence, in such case consent of mother could not be found11. In this, request in
relation to parental order was granted and retrospective authorization is accountable for making
payment regarding surrogacy. Thus, by taking into account 2002Act approval was given by the
court.
A v P:
In the concerned case, M applied for a parental order by taking into consideration the Act
of 2008. In this, surrogacy arrangement had been undertaken in India for child birth that was not
lawful and father of the child died due to the cancer. Further, clinic could not guarantee
pertaining to the biological relationship with child. In this, several aspects were considered in
relation to not giving order such as lack of legal relationship between the child and biological
father who also recognized as commissioning authority12. In addition to this, surrogate child had
denied in relation to attaining both social and emotional benefits associated with such
relationship. Along with this, considering the death of father parental order was not given to M.
11 Re X (A Child) (Surrogacy: Time limit) [2014] EWHC 3135 (Fam). 2016. [Online]. Available
through: <http://www.familylawweek.co.uk/site.aspx?i=ed133396>.
12 A V P (SURROGACY: PARENTAL ORDER: DEATH OF APPLICANT. 2016. [Online].
Available through: <http://swarb.co.uk/a-v-p-surrogacy-parental-order-death-of-applicant-fd-8-
jul-2011/>.

Re Z (A Child) (Human Fertilisation and Embryology Act: Parental Order):
Court gave judgment in such case that a single parent, as a sole applicant, the father
cannot bring himself as per the section 54 (1) of 2008 Act. Thus, in the conclusive way it can be
presented that as per Human Fertilisation and Embryology Act 2008 and under section 54 (1)
parental orders are not available to single parent.
Re X & Y (Foreign Surrogacy)
In such case, a couple had made surrogacy arrangements with an Ukranian woman.
Hence, in this, she gave a birth to twins through the means of eggs fertilized donated by the male
applicant’s sperm. Thus, in the case of foreign surrogacy by applying or undertaking Human
Fertilization and Embryology Act (1990) judgment was given by the court. In relation to the
issue of consent which is required by surrogate parent’s relative provisions of HFEA 1990 were
considered. In this, judge clearly mentioned that legal consent had been taken from the surrogate
mother and payments made were also acceptable13. Hence, by taking into account all the aspects
parental order was given by the judge in the best interest or welfare of the child.
Evaluating different journal articles
In the article, Elsworth and et.al., (2015) mentioned that policy in relation to surrogacy
imposes high level of issue in front of surrogates. By doing analysis of data set author depicted
that surrogacy imposes a danger of exploitation of one individual by another on the basis of
financial interest. In the surrogacy arrangement, intended parents are also exploited by surrogates
on the basis of financial aspects. There are several surrogates in UK, who charge desirable price
in against to surrogacy. Thus, for offering protection to the parents, surrogates and children there
is a requirement to reform UK laws. By taking into account the requirements of protection
pertaining to surrogacy arrangement system of contracts and pre-birth orders has proposed by
Jessica Lee MP14. Hence, on the basis of such system, order regarding pre-birth would be made
13 X & Y (Foreign Surrogacy) [2008] EWHC 3030 (Fam). 2017. [Online]. Available through:
<http://www.familylawweek.co.uk/site.aspx?i=ed28706>.
14Elsworth, M. and et.al., 2015. Are contracts and pre-birth orders the way forward for UK
surrogacy?’ International Family Law. pp.101–96.

the Family Court. On the basis of such aspect, before the child birth ratification of such
agreement or contract is highly required by Family Court. Such proposed system or arrangement
will provide right of legal parents to the intended couple. Further, such arrangement will offer
the right of child care and thereby remove the obligations of surrogate and her spouse.
According to the views of Daisy (2013) in transitional surrogacy, surrogate mother is
considered as biological one. The rationale behind this, in this, egg of surrogate mother was
fertilized by the sperms of intended father. In India, level of transitional surrogacy is increased
with the very high pace. It makes parenthood possible for infertile couples, single men and
woman, gay as well as lesbian couple15. Through the means of artificial insemination or IVF
activities in relation to surrogacy are increased. In India, gestational surrogacy is considered as
legal because in this, surrogate mother contributes with her womb. Further, in the article,
Raymond (1993) presented that women are the victim of oppressive institution and her rights are
not adequate. Hence, evaluating such article, it has assessed that there is a lack of linkage which
takes place between sexuality, reproduction, status of women and that of children. Along with
this, article shows uncovered link which takes place between the ideologies of maternity and
femininity16. In words, it can be stated from such scholarly article that IVF and surrogate
pregnancies are recognized as an exploitation of women. On the basis of such aspect, women
and their bodies are becoming the prone of medical violence, unsafe, experimental and
demeaning process. In addition to this, findings show that unsafe contraceptive drugs and
implants are resulted into feticide of female embryos. Further, due to the increasing surrogacy
level, issues pertaining to trafficking in surrogates are increasing.
From assessment, it has found that, in New Jersey, a couple hired a woman for the
purpose of baby. In this regard, court declared that surrogacy contract is invalid on the basis of
the aspect that there are some things that can’t be bought through money. As per the laws of
15Daisy, D., 2013. Transnational surrogacy in India. Frontiers: A Journal of Women Studies.
(34).pp.167–88.
16Raymond, G, J., 1993.Women as Wombs: Reproductive Technologies and the Battle over
Women’s Freedom. HarperCollins: New York.

different countries, surrogacy is restricted. This aspect shows that in some countries people do
not prefer surrogacy arrangement17. By doing assessment, it has identified that there is a debate
among the House of Lords in relation to the need of surrogacy law reform. Debate which takes
place between the House of Lords, UK considered as positive which in turn compels them to
take action in against to the same. Some of UK authorities identified that surrogacy is highly
valuable and positive form of family building. House of Lords recognized that surrogacy plays a
vital in our society and helps in creating wanted families. Thus, considering the importance of
such aspect or arrangement surrogacy law reform has been proposed18.
Evaluating International law of countries (United states-California, India & Ukraine) &analyzing
how is differs from the current UK law and the way in which they handle the contract and
agreements related to surrogacy
This section is to assess the international law of various nations to further relate it with
that to the law governing in UK. For this purpose, 3 distinct countries namely US- California,
India and Ukraine has been taken into consideration and specified below-
Laws governing in US California
The surrogacy laws in US differs from one nation to another and thus depicts varying nature
of all. This is mainly on considering the fact where in the US, there exists many such nations
including California that are more acceptable of this procedure than some who are not at all
tolerant. This has led to complicate the surrogacy laws in US. California is a highly accepting
nation in this matter where it is together called a surrogacy friendly state and has no definite
constitutional regimes to deal with this procedure19. Although, a California’s Uniform Parentage
17 House of Lords debates the need for surrogacy law reform. 2017. [Online]. Available through:
< https://www.surrogacyuk.org/house-of-lords-debates-the-need-for-surrogacy-law-
reform.html>.
18 Who Is A Parent? Surrogate Technology Outpaces Law. 2017.Online]. Available through: <
https://www.npr.org/2012/04/14/150586618/legal-debate-over-surrogacy-asks-who-is-a-parent>.
19CA Surrogacy Laws. 2015. [Online]. Available through:
<https://www.fertilitysourcecompanies.com/ca-surrogacy-laws/>.

Act is commonly being used by its state courts to interpret any such related case of surrogacies.
Resultantly, California together allows commercial arrangements of surrogacy which are not
permissible in UK due to some strict governing laws on comparing both. However, California
with a likewise approach as that of UK is constantly reinforcing the laws concerning gestational
surrogacy arrangements. The 1st well known case of surrogacy in California took place in the
year 1993 namely Johnson v Calvert where the intended parents went through the gestational
process of surrogacy were held to be both legal and natural parents of the born child20. The state
is therefore known to make all possible efforts to protect the right of the intended parents by
creating legal parental rights with no requirement of going through any adoption proceedings.
Although, in the year 2013, followed by the passage of California Assembly Bill 1217,
Californian legislative laws pertaining to surrogacy has tuned up with some new progresses with
effect from 1st January 2013. It has however strengthened the legal norms of such surrogacy
friendly nation, California with some additive guidelines to be followed for the execution of such
agreements.
Laws governing in India
This is on referring to the concerning laws of surrogacy in India, it has been found that these
are very much similar with that to the laws governing in UK. It is mainly on considering the fact
where traditional surrogacy is also not permissible in India. Although, the commercial surrogacy
is lawful with no such legal provisions to govern the same21. This in turn relates with that to the
legal norms of California in this matter where the practice of Surrogacy in India is entirely free
from any controlling measures. Only the Indian Council of Medical Research (ICMR) has set
certain national rules to control the practice of surrogacy and the cases related to it. In whose
accordance, the surrogate mother is required to sign a contract with that to the intended parents
to give her willing consent for bearing the child. It should be along with her husband if she is
20 Vaughan, R., 2017. California Acts to Protect Surrogates, Families. [Online]. Available
through: <https://www.iflg.net/california-acts-to-protect-surrogates-families/>.
21 Legality. 2017. [Online]. Available through: <http://surrogacylawsindia.com/legality.php?id=
%207andmenu_id=71>.

married and other members of her family as well. The signed contract will together contain other
accepted terms regarding any medical processes, repayment of all reasonable expenditures with a
willingness to hand over the child to the contracting parents22. This legislative protocol has been
framed with a major consideration of protecting the rights of the childborn through surrogacy
that should be equal to a naturally born child in all terms. Baby Manji Yamada vs. Union of India
(UOI) is amongst the landmark cases in India and for which, commercial surrogacy has been
legalised in India.
Laws governing in Ukraine
Ukraine has a well regulatory practice of surrogacy where the contracts related to it are
legally enforceable under the legislation ratified at a Federal level. There exists a very
comprehensive legal outline for surrogacy in Ukraine where it is amongst very few progressive
nations in Europe who is far more progressive in terms of regulating the practice of surrogacy. It
is therefore in accordance to the laws governing in Ukraine regarding surrogacy, the intended
parents are lawfully considered as the biological parents of the child23. This implements right
from the time, the surrogate mother has conceived the child where there is no declaration of her
name in the birth certificate of the child. The applied legislative norms thence provide several
number of benefits in terms of unlimited payment related to surrogacy with no additive lawful
proceedings to be obtained from the court. Also, Ukraine law permits to issue the birth certificate
of the child in the name of his or her intended parents despite of their hereditary links where the
surrogate mother is just a donor and has no parental rights over the children. This is the biggest
difference among the Ukraine law governing the surrogacy cases with that to the UK law that
gives a major precedence to the mother carrying and giving birth to the child24. Lawful aspects of
surrogacy in Ukraine are controlled by Article 123 of The Ukrainian Family Code where a
22 Laws relating to surrogacy in India. 2017. [Online]. Available through:
<http://acmlegal.org/category.php?id=1>.
23 Ukrainian Surrogacy Laws. 2012. [Online]. Available through:
<http://www.familylaw.com.ua/index.php?option=com_content&view=article&id=68>.
24Danchenko, O., 2013. Surrogacy Law in Ukraine. [Online]. Available through:
<https://globalivf.com/2013/04/29/surrogacy-law-in-ukraine/>.

couple can select among gestational surrogacy, donation of egg or sperm, special embryo
adoption schemes or their mixtures. It is however with no such need of taking a prior consent of
any governing body where the people involved such as the surrogate mother and the intending
parents are required to sign a written contract and its other related agreements as a way of
confirming the arrangement.
CONCLUSION
From this dissertation, it has been concluded that surrogacy implies for the activities in
relation to giving birth to the others child. Surrogacy can be distinguished into two types such as
traditional and gestational. There are several reasons due to which people undertake surrogacy
such as failure in fertility treatment, repeated miscarriages etc. In addition to this, now surrogacy
is highly popular among and undertaken by gay, single men and women.It can be summarized
from the report that straight or traditional surrogacy arrangement is one of the simplest and least
expensive form. Such kind of surrogacy arrangement is also known as artificial insemination.
Moreover, in this insemination kit and semen of intended father is used to become pregnant.
Hence, under such arrangement baby is conceived through the egg of surrogate’s. Along with
this, it has been articulated from the evaluation that now gestational surrogacy is highly
considered by the individuals on the basis of legal allowance. In host or gestational surrogacy
eggs of either intended mother or donor eggs are used for the child. Thus, due to avoid the
genetic relationship with the baby eggs of surrogate mother is not used. As per the laws, such
surrogacy arrangement is legal but expensive as compared to the straight or traditional approach.
It can be stated from overall evaluation that gestational surrogacy is legal and on the basis of
such aspect intended parents have parental rights.
Considering the laws and legislation of USA, California, India and Ukraine it can be
presented that in such countries intended couple has parental right on child. As per this aspect,
surrogate will not have any obligation on child. However, in UK, there is a lack of such kind of
arrangement which in turn creates problem in front of intended parents. Thus, with the motive to
offer benefits and protection to intended couple in against to surrogate system of pre-birth has
been proposed in UK. In my opinion, such arrangement will prove to be beneficial which in turn

avoids the exploitation of both intended couple and surrogate. Moreover, as per such proposed
system and arrangement, authorities need to take permission from the Family Court before
initiating process in relation to giving birth to the child. Thus, after taking permission for the
same intended couple will be recognized as legal parents. On the basis of existing laws, surrogate
mother can show her rights on baby. Thus, due to the absence of having legal rights in relation to
the baby intended parents feel insecurity pertaining to surrogate. Hence, by taking into account
all such aspects it can be stated that reformations are highly required in the laws and legislation
pertaining to surrogacy. Further, from the scholarly articles evaluated it has been concluded that
transitional surrogacy in India is recognized as a women exploitation. Moreover, drugs related to
surrogacy have an impact on the health of women to some extent. Besides this, underpayment to
surrogate and trafficking related activities also may cause of transitional surrogacy arrangement.
Thus, there is a need of introducing sound system and legislation which in turn offers benefit to
the women involved in surrogacy arrangements.
This is also to summarize the above acquired findings where on comparing the surrogacy
related regulations governing in all 4 nations, Ukraine has been found to be the most advanced
state among them all. After which, California is the next progressive country in this matter where
they are very accepting towards the agreement of surrogacy with a comparative ease on relating
to the other 2 nations called India and UK. It is with a major concern of legalizing the parent(s)
of the child who has taken birth through surrogacy. It is thereby on referring to the laws
governing in all 4 nations where the legal mother of a surrogate child is determined through a
legally authorized birth certificate. However, UK is the only exceptional county among all 4
whose legal provisions governing the cases of surrogacy is not in favor of the intended parents
and instead gives a prompt authorization to the surrogate mother. However, it often leads to
various uncertain incidents leading to the exploitation of the intended parents by the surrogate
mother. UK is therefore required to adopt some more friendly practices to effectively deal with
the cases of surrogacies in the nation as a way of avoiding any of its ill effects.
Although, UK has taken some legal steps to improve the clauses of one of its enforceable
act of HFEA, 2008 which is yet not executed. But, there exists some concerning areas in the
existing regulations in UK in regard to govern the surrogacy cases over there. In context to
which, they are advised to preauthorize the parental order to further confer the same to the

intending parents where such type of orders should also be accessible to single individuals who
are not couples or married. Apart from this, this order should also accessible to the intended
parents with no such requirement of relating them hereditarily.
Furthermore, the intended parents must be able to register child’s birth with a minimum
time limit of 6 months as a general relaxation period should be given to apply for the same.
Beside this, the data related to surrogacy as well as parental order must be gathered centrally and
on a regular basis where it should be also transparent to all involved parties. Likewise, the cycles
of IVF surrogacy and births should be itself recorded by the clinics or HFEA in an appropriate
manner. Lastly, the rules concerning any surrogacy related ads and its banning should be revised
on considering its uncooperative terms in the settings of non-profit organizations.

BIBLIOGRAPHY
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