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Four US State Examples (2)
4. At least one of the intended parents must be genetically related to the child‐to‐be.
5. The surrogate must also be at least 21 years of age and resident of the state for at least 1 year.
6. She must already have a healthy child. Her eggs may not be used in the process.
7. She also must submit to thorough physical and psychological exams, and home studies.
8. She must not be a beneficiary of any form of social welfare (food stamps, Medicaid).
9. Payment must not exceed medical costs, clothing, days/salary lost due to illness and or maternity leave, all other legal costs.
10. Both parties must have their own lawyers and the contract ‐ negotiated, drafted and signed before the ART procedure of implantation ‐ must be approved by a judge.
International Surrogacy Before the European Court of Human Rights
How to balance the rights of the intended parents, the surrogate, ensuing children and State interests ?
To date, four cases before the ECtHR dealing with three mechanisms member States have put into place to restrict and/or discourage international surrogacy arrangements.
1. Travel restrictions.
2. Non‐recognition of parenthood.
3. Removal into public care of children born via surrogacy.
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