Surrogacy, also known as gestational surrogacy, is a process by which a woman carries a pregnancy to term for another person or couple, who will be the legal parents of the baby. This method of assisted reproduction is an important option for those who, for various reasons, cannot conceive or carry a pregnancy on their own. The process may involve the creation of an embryo through fertility treatments, such as in vitro fertilization (IVF), and its subsequent implantation in the uterus of the surrogate mother.
History of surrogacy
Surrogacy has historical roots dating back to ancient times. Even biblical texts mention cases in which a woman carried a child for another. However, modern gestational surrogacy, as we know it today,
emerged with the advancement of assisted reproductive techniques in the late 20th century.
The first successful gestational surrogacy
The first legally recognized case of traditional surrogacy took place in the United States in 1985, where a woman agreed to be inseminated with a man's sperm to carry a baby who was then handed over to the intended parents. However, the most relevant case for the development of the current gestational surrogacy model occurred in 1986, with the use of in vitro fertilization, which made it possible to biologically disconnect the surrogate mother from the baby.
When was gestational surrogacy legalized?
The legalization of surrogacy varies enormously from country to country. In some countries, such as the United States and Canada, gestational surrogacy has been legal since the 1980s, although with specific state or provincial regulations. In other regions, such as Europe and Latin America, legalization has been slower and still presents many restrictions. Colombia, for example, has recognized the right to gestational surrogacy in exceptional cases, but the legal framework remains ambiguous.
Types of gestational surrogacy
There are two main types of surrogacy
In this case, the surrogate mother uses her own egg, which makes her the biological mother of the baby. The process involves artificial insemination with the sperm of the intended father or a donor. This method is becoming less common due to the emotional and legal dilemmas it can create.
Gestational or full surrogacy
It is the most widely used option today. Here, the surrogate mother has no genetic relationship with the baby, since the embryo is created from the eggs and sperm of the intended parents or donors, and is then transferred to the surrogate's uterus. In vitro fertilization is essential in this type of surrogacy.
When is it necessary?
Surrogacy becomes a viable option in various cases of infertility and medical conditions that prevent a person from carrying a pregnancy. Some examples include:
- Women without a uterus or with uterine malformations.
- Women with serious health conditions that make pregnancy risky.
- Same-sex couples who wish to have a biological child.
- Single men who want to start a family.
- Cases of multiple failed assisted reproductive treatment cycles.
What are the steps in the surrogacy process?
The surrogacy process can be complex and typically involves several phases:
- Medical and psychological evaluation: The intended parents and the surrogate mother must undergo a thorough evaluation to ensure they are physically and emotionally fit.
- Legal agreements: It is essential that all parties involved sign a legal contract establishing rights, responsibilities, and expectations. This protects both the intended parents and the surrogate mother.
- Embryo creation: In gestational surrogacy, the embryo is created using in vitro fertilization. In traditional surrogacy, artificial insemination is performed.
- Embryo transfer: Once the embryo is created, it is transferred to the surrogate's uterus, and she carries the pregnancy until the baby is born.
- Embryo transfer: Once the embryo is created, it is transferred to the surrogate's uterus, and she carries the pregnancy until the baby is born.
- Pregnancy monitoring: Throughout the entire pregnancy, the gestational carrier will receive medical care to ensure that both she and the baby develop in a healthy manner.
Alternatives to surrogacy
For couples or individuals facing fertility problems who do not wish to pursue surrogacy, other alternatives exist, such as adoption, foster care, or additional assisted reproduction treatments like egg or sperm donation.
Egg and sperm donation
Egg or sperm donation is an option used in cases where one member of the couple is unable to provide their own gametes (eggs or sperm) due to infertility or genetic health issues.
- Egg donation: This technique is used when the woman cannot produce viable eggs, or if there is a risk of transmitting genetic diseases. The donor's eggs are fertilized in a laboratory through IVF and then transferred to the recipient's uterus.
- Sperm donation: Donor sperm is used when the man has severe infertility, or when a single woman or same-sex couple seeks to start a family.
In which countries is surrogacy legal?
Laws on surrogacy vary widely by country. In some places, surrogacy is completely legal, while in others it is illegal or severely restricted. Countries such as the United States (in certain states) and Canada allow surrogacy, though with different regulations. In Colombia, the surrogacy process is legal, but still lacks a robust legal framework, which can create complications in certain cases.
On the other hand, in countries such as Spain, France, and Germany, surrogacy is prohibited. In other countries, such as Mexico, regulations have changed and depend on each individual state.
What are the requirements to become a surrogate mother?
To become a surrogate mother, certain medical, emotional, and legal criteria must be met. Some of the most common requirements include:
- Being of legal age (generally between 21 and 40 years old).
- Having at least one biological child and having had healthy pregnancies without complications.
- Being in good physical and emotional health.
- Passing thorough medical and psychological evaluations.
- Not having financial difficulties that could influence the decision to become a gestational carrier.
- Living in a country or state where surrogacy is legal and regulated.
