Surrogacy Arrangements and Legal Parenthood
Surrogacy arrangements have become an increasingly popular alternative for childless couples, and singles, seeking to fulfill their dream of becoming parents. Yet while more jurisdictions are now regulating the practice of surrogacy this is by no means the rule. Some jurisdictions, such as Malaysia, have no legislation expressly permitting or prohibiting surrogacy arrangements, while others have expressly banned the practice, making (certain aspects of) it a criminal offence. Yet prohibiting surrogacy does not appear to be an effective way to prevent such arrangements from occurring. Those who wish to enter into a private surrogacy arrangement in order to create a family may attempt to do so through ‘do it yourself’ (DIY) surrogacy, i.e. without the assistance of the national health system. Moreover, if intended parents have the financial means, it is possible for them to enter into surrogacy arrangements in countries where medically-assisted surrogacy is available. Where this occurs, the effects of
Even though surrogacy laws differ widely from one jurisdiction to another, some generalisations are possible. One such generalisation is that the historical legal assumption has been that the legal mother of a child is the one giving birth to the child, and the only means for another woman to be recognised as the mother is through adoption. It must be noted however, some jurisdictions that allow surrogacy may even offer a way for the intended mother to be recognised as the legal mother without going through the process of adoption. This is usually done via a pre- or post-birth order, depending on the jurisdiction, in which the court decides on the legal parenthood of a