Surrogate Pregnancy Agreement

North Dakota cancels traditional surrogacy contracts. If the surrogate mother is genetically related to the child, then she is declared a mother and her husband, when she is married, is considered a father. A traditional surrogacy (also known as a partial, natural or straight surrogate mother) is one in which the surrogate egg is fertilized in vivo by the sperm of the father or intentional donor. Replacement fertilization can be done either by natural insemination or by artificial insemination. The use of donor sperm leads to a child who is not genetically related to intentional parents. If the intentional father`s sperm is used in insemination, the resulting child is genetically related to the intentional father and surrogate mother. [2] According to the recommendations of the European Society of Human Reproduction and Embryology and the American Society for Reproductive Medicine, a carrier is preferably between 21 and 45 years of age, has had a full-fledged, uncomplicated pregnancy, during which she has successfully had at least one child and has had no more than five births or three caesarean sections. [8] On the other hand, a minority of Muslim supporters of surrogacy asserts that Islamic law recognizes the conservation of the human species as one of its main objectives (maqasid) and is part of this priority objective of allowing married couples to conceive. [62] They also argue that no Zina can be blamed on the surrogate mother, since her pregnancy does not require sexual intercourse with a non-legal husband. [62] Finally, they argue that the child`s ancestry can be attributed to the biological parents and that, therefore, parentage issues can be easily resolved. [62] They support this approach by drawing comparisons between a surrogate`s attitude and a woman`s attitude towards breastfeeding a child, which is an acceptable practice under Islamic law. [62] Citizenship and the legal status of children arising from surrogacy schemes may be problematic. The Permanent Office of the Hague Conference called the issue of citizenship of these children an “urgent problem” in the study of the 2014 Hague Conference Permanent Office( [36] [37] According to the U.S.

Department of State, Bureau of Consular Affairs, to be a U.S. citizen, a foreign-born child must be one or two genetic parents of the child citizen of the United States. In other words, the only way for a surrogate child born abroad to automatically acquire U.S. citizenship at birth is when it comes to the biological son or daughter of a U.S. citizen. In addition, in some countries, the child will not be a national of the country in which he is born because the surrogate mother is not legally the parent of that child. This could lead to the birth of a child without citizenship. [38] In surrogacy cases, multiple pregnancies are the most common cause of abortion. And of course, there is an increasing chance of getting pregnant with twins, triplets and even four or five fetuses as soon as IVF enters the picture — doctors will often implant multiple embryos at the same time to increase the likelihood that they will be caught.

For a variety of reasons – health, finances or other reasons – parents whose surrogate mother ends up carrying multiple fetuses may ask to “selectively reduce” or stop one or more fetuses. Indiana declares surrogacy agreement null and void and contrary to public policy. However, where a decision is to be made on parentage, the courts should not base their analysis of the best interest on the mere fact that a person has entered into a surrogacy agreement.

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