Introduction to Surrogacy Legal Framework
Expert-defined terms from the Global Certificate Course in Surrogacy Legal Framework course at London School of International Business. Free to read, free to share, paired with a globally recognised certification pathway.
Introduction to Surrogacy Legal Framework Glossary #
Introduction to Surrogacy Legal Framework Glossary
Altruistic Surrogacy #
Altruistic surrogacy refers to a surrogacy arrangement where the surrogate mother does not receive any financial compensation beyond the reimbursement of medical and other pregnancy-related expenses. This type of surrogacy is based on the altruistic desire to help another individual or couple become parents.
Assisted Reproductive Technology (ART) #
Assisted Reproductive Technology (ART) refers to medical procedures used to help individuals conceive a child. ART includes techniques such as in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), and gamete intrafallopian transfer (GIFT).
Biological Parents #
Biological parents refer to the individuals who provide the genetic material (sperm and egg) to create an embryo. In a surrogacy arrangement, the biological parents are typically the intended parents.
Commercial Surrogacy #
Commercial surrogacy refers to a surrogacy arrangement where the surrogate mother receives financial compensation beyond the reimbursement of medical and other pregnancy-related expenses. In some countries, commercial surrogacy is prohibited or tightly regulated.
Embryo #
An embryo is a fertilized egg that has begun dividing and developing. In the context of surrogacy, embryos are typically created through in vitro fertilization (IVF) using the genetic material of the intended parents.
Embryo Transfer #
Embryo transfer is the process of placing a fertilized embryo into the uterus of the surrogate mother. This procedure is typically performed as part of an in vitro fertilization (IVF) cycle.
Exploitation #
Exploitation refers to the unethical treatment of individuals for personal gain. In the context of surrogacy, exploitation can occur when surrogate mothers are coerced or manipulated into entering a surrogacy arrangement against their will or when they are not provided with adequate support and compensation.
Genetic Parents #
Genetic parents refer to the individuals who provide the genetic material (sperm and egg) to create an embryo. In a surrogacy arrangement, the genetic parents are typically the intended parents.
Gestational Surrogacy #
Gestational surrogacy refers to a surrogacy arrangement where the surrogate mother carries an embryo that is not genetically related to her. The embryo is typically created using the genetic material of the intended parents or donors through in vitro fertilization (IVF).
Intended Parents #
Intended parents refer to the individuals or couples who commission a surrogacy arrangement with the goal of becoming parents. Intended parents may be genetically related to the child (biological parents) or may use donor eggs or sperm.
Legal Parentage #
Legal parentage refers to the legal relationship between a parent and a child. In a surrogacy arrangement, legal parentage may be established through a pre-birth order, a post-birth adoption, or a court order, depending on the laws of the jurisdiction.
Medical Screening #
Medical screening is the process of evaluating the physical and psychological health of individuals involved in a surrogacy arrangement. Medical screening may include tests for infectious diseases, genetic conditions, and mental health issues.
Post #
Birth Order: A post-birth order is a legal document issued after the birth of a child in a surrogacy arrangement that establishes the intended parents as the legal parents of the child. Post-birth orders are typically issued by a court or administrative agency.
Pre #
Birth Order: A pre-birth order is a legal document issued before the birth of a child in a surrogacy arrangement that establishes the intended parents as the legal parents of the child. Pre-birth orders are typically issued by a court or administrative agency.
Reproductive Rights #
Reproductive rights refer to the rights of individuals to make decisions about their own reproductive health and to have access to reproductive health care. In the context of surrogacy, reproductive rights include the right to enter into a surrogacy arrangement voluntarily and to receive adequate support and compensation.
Surrogacy Agreement #
A surrogacy agreement is a legal contract between the surrogate mother and the intended parents that outlines the rights and responsibilities of each party in the surrogacy arrangement. Surrogacy agreements typically address issues such as compensation, medical care, and parental rights.
Surrogacy Agency #
A surrogacy agency is a professional organization that facilitates surrogacy arrangements between intended parents and surrogate mothers. Surrogacy agencies may provide services such as matching, screening, and legal support.
Surrogacy Laws #
Surrogacy laws refer to the legal framework that governs surrogacy arrangements in a particular jurisdiction. Surrogacy laws may address issues such as parentage, compensation, medical screening, and the rights and responsibilities of the parties involved.
Surrogacy Regulation #
Surrogacy regulation refers to the rules and guidelines established by government authorities or professional organizations to govern surrogacy arrangements. Surrogacy regulation may include requirements for medical screening, legal contracts, and parental rights.
Surrogate Mother #
A surrogate mother is a woman who carries a pregnancy on behalf of another individual or couple. In a surrogacy arrangement, the surrogate mother may be genetically related to the child (traditional surrogacy) or may carry an embryo created using the genetic material of the intended parents or donors (gestational surrogacy).
Traditional Surrogacy #
Traditional surrogacy refers to a surrogacy arrangement where the surrogate mother is genetically related to the child she carries. In traditional surrogacy, the surrogate mother provides the egg, which is fertilized using the sperm of the intended father or a sperm donor.
Womb for Rent #
"Womb for rent" is a colloquial term used to describe the practice of surrogacy, where a woman carries a pregnancy on behalf of another individual or couple. This term is often used in a derogatory or sensationalized manner and may not accurately reflect the complexities and nuances of surrogacy arrangements.