Surrogacy laws: Why there is so much variation in countries around the world?

Given the wide variation in surrogacy laws across the globe, the procedure may work differently from one country to another. Moreover, as surrogacy gains prominence, nations around the world struggle with establishing legal frameworks that protect the rights and well-being of all involved parties – the intended parents, the surrogate, and the child. However, surrogacy laws differ dramatically from one country to another. That said, we will look through some of the key reasons responsible for the same notion in the following sections

Key reasons for wide disparity in surrogacy laws across the globe

Cultural and Religious Beliefs

 At the heart of many legal frameworks lie deeply ingrained cultural and religious values. Moreover, in societies where traditional beliefs about family, parenthood, and reproductive rights hold strong, surrogacy might be viewed with skepticism or even outright opposition. For instance, in predominantly Catholic countries, where certain reproductive practices can conflict with religious teachings, surrogacy may be banned or heavily restricted.

For example, while surrogacy laws in Colombia approve surrogacy as an ethical practice, the same laws in Germany prohibit it.

Historical reasons

 Past experiences and events in some countries have shaped their current stance on surrogacy. Moreover, incidents of exploitation, where surrogate mothers were taken advantage of, or cases where children were left stateless and parentless, have prompted countries to either tighten regulations or prohibit commercial surrogacy altogether.

For example, even though surrogacy laws in USA vary from one state to another, few states have banned surrogacy due to heavy exploitation of surrogates within that region. While strict laws are in place, many agencies or professionals indulge in unethical practices while bringing harm to the interests of these surrogates.

Economic Factors

 Surrogacy is cost effective and there is no surprise in this fact. Moreover, in some nations, the commercial aspect of surrogacy has given rise to "fertility tourism" industries. Besides, the economic benefit can influence countries to either facilitate a supportive environment for surrogacy or, conversely, to enact restrictive measures fearing exploitation.

This is where government must bring regulations and guidelines to ensure that such loopholes can be addressed. For example, the government of Cyprus is planning to bring reforms related to surrogacy laws in Cyprus to make them more people friendly.

Medical and Technological Advancements

 Countries with advanced medical infrastructures might have a more structured approach to surrogacy, given the tangled nature of reproductive technology and surrogacy. Moreover, the level of medical expertise and resources available can shape how nations frame their surrogacy laws.

For instance, surrogacy laws in Argentina are unclear regarding a lot of elements related to surrogacy procedure in the country. This is where intended parents find it a bit tough to get through random challenges and issues in the same regard.

Rights of the Child

The Convention on the Rights of the Child, an international human rights treaty, emphasizes that in all actions concerning children, the best interests of the child shall be a primary consideration. Moreover, nations interpret and prioritize these interests differently. For some, ensuring the child's rights means enacting comprehensive surrogacy regulations; for others, it could translate to restrictions or bans.

For example, surrogacy laws in Cyprus ensures that the rights and interests of the future child is been secured at every step. So, in order to get their name listed on the birth certificate, the intended parents have to confirm their eligibility to do proper care of the child.

Feminist Perspectives and Women's Rights

 Surrogacy opens debates around women's autonomy over their bodies. That said, different feminist and socialists argue both for and against surrogacy. Moreover, while some see it as a woman's right to choose what she wishes to do with her body, others view commercial surrogacy as a form of exploitation. Besides, countries might lean towards one perspective or another, influencing their legal stance.

Legal Adaptability

 Some legal systems are more adaptable and responsive to societal changes and needs. Besides, common legal systems, for example, are more compliant due to their heavy reliance on judiciary guidelines. On the other side, civil law jurisdictions might need certain formal legislative changes that further make the procedure for the surrogacy laws a bit slower than usual.

At the same time, various International conventions, treaties, and even the legal regulations of bigger nations may impact the surrogacy laws of smaller countries. For example, surrogacy laws in Cyprus are heavily impacted by the surrogacy laws in UK.

Public Opinion

Moreover, societal approach and public opinion can majorly impact the lawmakers in this regards. Also, in large democracies like India, majority of the population doesn’t go good with surrogacy practices. So, the government in these countries has to come up with stricter laws towards surrogacy as a result. At the same time, more liberal social views in these countries may also lead to better and progressive legal guidelines.

Final words

In a nutshell, we can conclude that the wide variation in surrogacy laws over the globe may be a confirmation to the comprehensive nature of the practice. Moreover, It meets with societal values, financial considerations, women's rights, children’s rights, and more. That said, as our notion of family, parenthood, and reproductive rights evolve, the legal landscape may also grow exponentially. Besides, the challenge for countries still stays in keeping up with the rights and understandings of all included parties.