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International surrogacy is a booming market, not just because it is legal in the United States (while it often is not in many other countries, as discussed in a previous post), but because of the legal structure of the United States, which provides more stability and freedom than many other countries.
Compared to many nations, the United States is relatively modern in the field of surrogacy. The social mores in many countries prohibit the splitting of the biological mother and the surrogate, finding that a surrogate relationship is bad for the well-being for the child.
Other countries forbid paid surrogacy on the belief that it is immoral to be paid for pregnancy. Some societies fear that surrogacy for money is improper and promotes the commercialization of childbearing.
Some also fear that it is exploitive of the poor, noting that poor women are more likely to be subjected to “selling” their wombs.
Value of U.S. Citizenship
As you may know, all babies born within the United States are automatically naturally-born U.S. citizens, meaning they have lifelong citizenship without any restrictions.
There are pros and cons for a baby born within the United States to retain his or her citizenship. Some prospective parents want the baby to have their citizenship, so they transfer citizenship of the baby to their home country in order to instill their heritage into the baby.
However, some couples opt to keep American citizenship for the baby. Some Chinese parents let the babies retain their American citizenship.
These parents keep American citizenship for the adopted babies conceived through surrogacy for several reasons. First, they may do so to make it easier for the children to attend an American university.
Second, the child’s American citizenship may permit the adoptive family to live or work in the United States in the future. Additionally, some older Chinese couples will resort to American surrogacy to avoid the one-child policy in China.
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- What You Need to Know in a Surrogacy Agreement
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The last reason is problematic because surrogacy is traditionally intended to be used only by prospective parents who are having difficulty conceiving.
If parents are using international surrogacy to avoid China’s one-child policy, then it is for an entirely different reason. Some refer to this type of surrogacy as “political surrogacy.”
Social Surrogacy
Alternatively, some prospective parents choose surrogacy for “social” reasons; that is, they are interested in maintaining their social appearances rather than risking them through pregnancy.
Some clients will reach out to surrogacy agencies not because they cannot conceive, but to avoid damaging their career or their figure.
Some surrogacy agencies take a strict stance on working only with prospective parents who need a surrogacy in order to have a child, while other agencies prefer not to question the reasons why a prospective parent wants a surrogacy.
More Questions?
The terminology and law surrounding reproductive law, adoption law, and surrogacy law is highly complex and confusing. It is highly important that you have an adviser and counselor that can help you figure the ins and outs of this area of law.
Contact surrogacy attorney Florida at the Law Offices of Aliette H. Carolan at 305-358-2330 for questions on adoption, surrogacy and other reproductive law questions.