Surrogacy and Women’s Rights: Protecting Gestational Carriers Every Step of the Way

Surrogacy is a process that allows many families to fulfill their dream of having a child. However, beyond the perspective of the intended parents, it is essential to address the topic from the point of view of the women who make this process possible: the gestational carriers. Protecting their rights and well-being is a fundamental pillar in an ethical and responsible surrogacy system.

The Fundamental Role of Gestational Carriers in Surrogacy

Gestational carriers play a crucial role in surrogacy, as they carry the intended parents’ baby in their womb. Contrary to some common myths, these women are not simply “wombs for rent”; they are individuals with rights, needs, and either an altruistic or financial motivation, depending on the type of surrogacy practiced in each country.

To ensure their well-being, the surrogacy process must be regulated under a strong legal framework that establishes clear protections regarding their health, economic, emotional, and legal rights.

Legal Rights of Gestational Carriers in Surrogacy

An ethical surrogacy program must guarantee that the gestational carrier has full autonomy and control over her decision to participate in the process. Some of the essential rights that must be protected include:

Informed and Voluntary Consent

• Before starting the process, the gestational carrier must receive detailed information about the risks, responsibilities, and the procedure itself.
• Her decision to participate must be made freely and without external pressure.

Legal Protection Through Clear Contracts

• The surrogacy contract must establish the responsibilities of all parties, ensuring that the gestational carrier is protected in terms of compensation, medical care, and legal support.
• This contract must be signed before a notary public to guarantee its validity.

Non-Procreative Intent

• The contract must clearly state that the gestational carrier does not intend to claim parental rights over the baby and that her participation in the process is temporary and fully informed.

Right to Independent Legal Assistance

• The gestational carrier must have her own legal representation to ensure that her interests are properly protected and advised throughout the process.

Medical Protection and Physical Well-being

The well-being of the gestational carrier is a priority in any responsible surrogacy process. Some essential medical guarantees include:

• Preliminary Evaluations: Before being accepted into a surrogacy program, the gestational carrier must undergo medical and psychological tests to ensure she is in optimal condition for pregnancy.
• Continuous Monitoring: Throughout pregnancy, regular check-ups with maternal-fetal medicine specialists must be conducted to ensure the health of both the carrier and the baby.
• Access to Hospitals and Emergency Care: The gestational carrier must have major medical insurance coverage and access to private hospitals with specialized neonatal units in case of any complications.

Psychological and Emotional Support

Surrogacy is an emotionally challenging experience. Many gestational carriers develop bonds with the intended parents and feel a strong sense of responsibility toward the baby they carry. To ensure their emotional well-being, it is crucial to provide:

• Professional psychological therapy and support throughout all stages of the process.
• Support groups where they can share experiences with other gestational carriers and receive guidance.
• Postpartum follow-up to ensure their emotional stability once the process is complete.

Economic Security and Financial Transparency

Financial compensation is a crucial aspect of surrogacy. An ethical process must guarantee that:

• The gestational carrier receives fair and previously agreed-upon compensation.
• Payments are made securely through a regulated trust account, preventing fraud or payment delays.
• All expenses derived from the pregnancy, including consultations, medications, exams, and hospitalization if necessary, are fully covered.

International Comparison: Protections for Gestational Carriers in Different Jurisdictions

Surrogacy regulations vary by country. While some places have laws that guarantee protections for gestational carriers, others lack regulation, making them vulnerable. Key comparisons include:

• United States: Has a strong legal framework in states where surrogacy is legal, ensuring clear contracts and rights for gestational carriers.
• Canada: Only allows altruistic surrogacy, without financial compensation, limiting the number of willing candidates.
• Colombia: Although surrogacy is permitted, the law requires the gestational carrier’s name to appear on the birth certificate, which can create legal issues.
• Ukraine: Before the conflict, surrogacy was only permitted for married heterosexual couples, excluding single individuals and same-sex couples.
• Mexico: Thanks to the Supreme Court ruling in 2023, it has become one of the countries with the strongest legal protection for gestational carriers and intended parents.

Conclusion

Ensuring the protection of gestational carriers’ rights is essential to making surrogacy a safe, ethical, and humane process. At Surrogate Mexico, we are committed to providing an environment of respect, security, and comprehensive support for each gestational carrier, ensuring that her physical, emotional, and financial well-being is protected at all times.

If you are considering surrogacy, either as an intended parent or as a gestational carrier, contact us to receive personalized guidance and learn more about our commitment to safety and respect at every stage of the process.