Surrogacy Processes for LGTB
More than 40% of our parents are homosexual couples, or single homosexual men, who at any given time in their lives, have received the call of paternity. Surrogacy for homosexual couples, or for single homosexual men, is the best way to achieve paternity, due to the practical impossibility of successfully carrying out an international adoption process. The number of cases of surrogacy in Spain has surpassed the number of international adoptions in the last two years.
Surrogacy for homosexuals is a practice that is being carried out in fewer and fewer countries. Unfortunately, as the years have gone by, doors have been closing: NEPAL, THAILAND, CAMBODIA, LAOS, VIETNAM, and Mexico in 2016. This does not mean that surrogacy for homosexuals or heterosexual couples was allowed in those countries in the past, given that in all the countries mentioned, with the exception of Mexico, there was no law on surrogacy, and the constitutional premise that "what the laws do not prohibit is allowed" was enjoyed rather a "legal vacuum", but in those countries (with the exception of the state of Tabasco in Mexico) there was no legislation.
Although there are many countries where surrogacy processes can be carried out, not everyone accepts that homosexual couples or single men can carry out the process in those countries. This greatly reduces the list compared to heterosexual couples, who have more than 10 destinations where to carry out them.
Where does GESTLIFE perform the surrogacy processes for homosexuals?
We investigate them, we visit them, we open our own offices with our own staff (we are not intermediaries), and we ensure the quality of the services of the intervening providers.
In this way we are not obliged to offer a single destination (many "agencies" have a single destination that they have to defend tooth and nail, discouraging the rest of destinations, because otherwise they do not get clients) and we can really recommend the most appropriate destination according to the needs of each family.
Obviously we want you to carry out the surrogacy process with us. That's what we do. But, once you decide to work with us, our priorities are 3:
- Prevent you for making legal mistakes that could endanger your process.
- Guaranteeing success in the medical area: a healthy baby.
- Reduce your expenses as much as possible. We prefer that you keep your money for your child, and not for intermediaries.
It is important that the man who wishes to carry out surrogacy, understands that there are three types of countries where a surrogacy process can be carried out (there is also a fourth group, which are those countries where it is forbidden to carry out a surrogacy process, which we will not speak about so as not to waste your time, since they do not contribute anything):
COUNTRIES THAT HAVE SPECIFIC LEGISLATION ON SURROGACY
These legislations remove the rights from the surrogate mothers over the baby to grant them to the intended parents. These countries have laws written by their parliaments, or subsequently amended by judgments of High Courts, such as the Constitutional Court, which allows certain people to carry out the processes. .
They are the countries where a process can be carried out with all the guarantees.
COUNTRIES THAT DO NOT HAVE A SPECIFIC LEGISLATION ON SURROGACY
After all, the medical part does not present too many secrets for a fertility clinic. However, surrogacy means not only to create a child, but later on we have to guarantee that this child will be ours, and that there will be no legal problems either to leave the country, or to have the baby later in our country.
This is the moment when problems arise in these countries which lack a specific law on surrogacy. Since there is no law that remove the natural rights of the surrogate mother over the baby ("mother is the one who gives birth", say the majority of legislations in the world), and grant them to the intended parents, the surrogate mother in these cases keeps all the rights over the baby.
In other words, she is the mother to all intents and purposes and keeps all her rights intact. Therefore, if you want it, you can prevent the child from being ours, from leaving the country, or even extort us by asking for huge sums of money. She is the mother and the authorities in her country recognise her as such. We have nothing to do in the Courts of her country if anything happens. That is why we, obviously, totally discourage taking legal action in this type of country, since there are no legal guarantees for the parents involved, and the most beautiful of the adventures can become the worst of the nightmares.
Currently, Mexico stands out among these types of countries. The clinics and agencies that saw the doors closed to foreign parents in Tabasco on January 16th, 2016, have not known how to turn to other sectors, and continue to offer Mexico as a safe destination.
They offer clinics in Cancun (state of Riobóo), where there is no surrogacy law, and where the surrogate mother retains all rights over the child, which can become a serious setback. In addition, the government of Mexico is in disagreement with this practice, and pursues this type of process, placing significant obstacles to get the children out of the country.
Finally, the clinics in Mexico, although they seem to be macro-clinics dedicated to health tourism, have pregnancy success rates 60% below the international average, and since they do not offer unlimited programmes, those programmes that seem cheap end up being very expensive because they require multiple embryo transfers (paying each time for it) and even new IVFs, to generate more embryos, in a process that has no deadline. For all these reasons, we advise against carrying out processes in Mexico.
COUNTRIES THAT HAVE A CONCRETE LEGISLATION ON ALTRUISTIC SURROGACY
- Altruistic surrogacy: this type of legislation establishes a maximum compensation that the surrogate mother may receive, given that the law seeks to prevent the surrogate mother from enriching herself.
In certain countries, the figure ranges from zero in the previous Portuguese law (currently annulled by the Constitutional Court of the Luso country) to 20,000 Canadian dollars in Canada. Paying more to the surrogate mother carries a crime punishable by imprisonment.
- Commercial surrogacy: although we do not like this name, it refers to legislation that allows the surrogate mother to receive compensation based on an agreement between the parties, without setting limits.
Programmes for homosexual men without legal guarantees:
Due to the lack of destinations where to carry out a surrogacy process for homosexual couples or single men, some agencies make matters worse and create programmes that have no guarantee, and are destined to fail:
Upon the fact that it is really difficult to find surrogate mothers in Canada, some agency had the "brilliant idea" of carrying out the in vitro fertilization process with a Russian mother, and once pregnant, send her to CANADA.
This system, which may seem original and practical, violates Canadian law, since no Russian mother accepts financial compensation for a surrogacy programme under 20,000 euros (entirely for her), so that the Canadian law is being violated.
The fact that the payment to the surrogate mother is made in Russia, does not exempt the crime since the process will finally take place in CANADA where the child would be born and, therefore, we would be subject to the laws of that country, and not those of Russia.
This type of process is reserved for Kenyan citizens, and does not offer any guarantee to foreign citizens. Once again the surrogate mother has rights over the baby.
The existence of such programmes demonstrates the fact that homosexual men can carry out surrogacy processes in Russia. However, the programme fails in the most important thing: the birth of the baby, which will take place in an EU country, which has no legislation on surrogacy.
That is why the surrogate mother keeps all the rights over the baby, so she can refuse to give it to us or extort us. If we want to go before the authorities, the reason will be on the side of the surrogate mother, who is the one who has “given birth” the baby, and Czech law protects her. We must also remember that it is an EU country, so it is very easy to execute an international order to search the baby (Euro-order).
In which countries can a surrogacy process be carried out for homosexual couples and single men?
Unfortunately, there are currently only 3 countries that allow homosexual men, married or single, to carry out a surrogacy process with all the guarantees:
CANADA is a beautiful utopia. There is a law that allows surrogacy to foreigners. However, in CANADA, there is an altruistic law that places a limit on the amount that the surrogate mother can receive as compensation, which must include her medical expenses. A surrogate mother in the USA receives between 35,000 and 45,000 US dollars, and the Canadian surrogate mother knows this and requires similar amounts.
Paying the excess is a criminal offense that is paid with jail. As a law firm, we cannot suggest you to enter in such a dangerous situation. In addition, intermediation is forbidden:
"Surrogacy is allowed as long as it is altruistic, that is to say, it is forbidden by law for the surrogate mother to receive any economic compensation, except for medical expenses that will be paid by the intended parents. Thus, the intermediation or publication of advertisements to obtain services from a surrogate mother is also forbidden (article 6 of the Assisted human reproduction Act 2004). “
Penalties for non-compliance with the law are not minor:
“offence and punishment
60 A person who violates any of Articles 5 to 7 and 9 is guilty of an offence and
(a) is liable, under condemnatory sentence, to a fine that not exceeding $500,000 or to imprisonment for a term not exceeding ten years, or both; or
(b) is liable on summary conviction to a fine not exceeding $250,000 or to imprisonment for a term not exceeding four years, or to both.
61 A person who contravenes any provision of this Act - except any of sections 5 to 7 and 9 - or of the regulations or an order made under subsection 44 (1) is guilty of an offence, and
(a) is liable on conviction on indictment to a fine not exceeding $250,000 or to imprisonment for a term not exceeding five years, or to both; or
(b) is liable, on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both.
Therefore, if any company offers you an intermediary to carry out a process in CANADA, you should know that it commits an illegal act, and what is more serious, it also involves you in the same crime.
We don't understand why they offer this destination, when there are others. The law in Canada was made for Canadians that having a sister, a sister-in-law, a cousin or a friend who, for free, wants to give birth to a baby for the intended parents, can do so with legal guarantees for all parties. The law was not made for foreigners, in masse, go to that country to achieve our goal of being parents.
It is also curious that in their web pages (in a little visible area), the agencies themselves warn the following:
- Restrictive legislation (economic negotiation with the surrogate mother is not allowed).
- Very small companies, with limited response times and communication channels.
- Ambiguous attitude on the part of Spanish consular authorities.
- Ambiguity in health coverage for babies born through surrogacy. Some hospitals have issued invoices to Spanish parents for this concept.
It is also cheerfully stated that "the child will have dual nationality: Canadian and Spanish". There is no agreement of double nationality with CANADA. (You can verify it in the following link:
Every month we receive calls from parents who started a surrogacy process in CANADA more than a year ago, either directly or through an agency. After more than a year without getting a surrogate mother, they leave.
For all these reasons, as a law firm, we must discourage CANADA as a destination to carry out our surrogacy process.
The USA has been the Mecca of surrogacy for years. With different legislations in each state, California is the state where more processes can be carried out due to its absence of restrictions.
The USA, along with Greece (this country does not allow trials for single people) and Canada, are the only countries that issue a judgement, which is subsequently recognized by the Spanish authorities.
The clinics are first level ones, and the agencies usually work quite well. However, in the USA there is no Social Security as we understand it in Europe. Medicine is private and, therefore, in a surrogacy process, if there is any medical expense, we will have to pay it. For example, if the child needs an incubator, we will have to pay between 3,000 and 5,000 US dollars a day, as an intensive surveillance unit, so we know what the starting price is, but we never know what the final price is. The USA is a country where parents with well-off economies can carry out processes, since the processes cost between 120,000 and 150,000 euros. Whoever tells you otherwise deceives you and hides expenses that will appear later, to make simply the programme that is expensive, more attractive. After all, the USA is forced to compete with countries like Russia, where it costs less the programme than half, and it is difficult to sell something that costs twice as much on the basis of prestige.
There are two main types of programmes in the USA:
- Those that are carried out entirely in the USA.
- Those that are performed in the USA, but the process of assisted reproduction (IVF) is carried out in Cancun, Mexico, moving the surrogate mother to that city, for the embryonic transfer, and then return to the USA, where the pregnancy will continue until the birth of the child, which will take place in USA. These are the programmes called "CROSSBORDER", which are cheaper than those carried out entirely in the USA. However, as we have said, the clinics in Mexico have lower success rates than the American ones, and sometimes what we have saved is volatilized on the basis of new embryo transfers and new IVFs. These programmes are tempting since their prices are lower, but you have to be aware of the problems they can entail.
Therefore, if you want to carry out the process in the USA, you must have a budget between 120,000 and 160,000 euros, for one baby, and can exceed 200,000 euros if they are two babies (because they are always born premature, because it is a twin birth, and requires incubator and medical expenses).
Although apparently there are some insurances that can cover part of these expenses, they are very expensive, and do not cover much. Consult with our advisors if you want to carry out your process in the USA.
Russia is the great unknown despite the fact that it is a country that has been carrying out surrogacy processes for more than 15 years. Russian law allows surrogacy processes to be carried out by:
- Married heterosexual couples
- Unmarried heterosexual couples
- Single women
- (Therefore, single men are not mentioned).
The absence of mention of single men (regardless of their sexual orientation) may imply that in the case of a surrogacy process for homosexuals, "a legal void" or the premise "everything that is not prohibited is permitted" is being taken advantage of, as was the case in countries such as NEPAL, THAILAND, NEPAL, LAOS, VIETNAM or CAMBODIA, countries where there was no law on this matter.
Single men went to these countries, first discreetly, then not so much when the press echoed, and finally the authorities ended up prohibiting it.
IT IS NOT THE CASE OF RUSSIA. . In Russia, 15 years ago, several single men carried out their surrogacy processes in that country, and when they went to register their children, the civil registry in the first instance denied them the registration (as was the case in Spain at the beginning). Evidently, they appealed before the courts, and finally the Constitutional Court of Russia proved them right, and for more than 12 years, children born to single parents, regardless of their sexual orientation, are registered without any difficulty.
RUSSIA is a country that, despite its reputation for homophobia, allows single men to carry out these processes. After all, it is a biological child. Russia offers important advantages:
There exists Social Security: tboth the child and the surrogate mother are covered by the social security against possible unforeseen medical expenses (incubator, illness of the surrogate mother, etc.) so there are no budgetary deviations.
The child is registered in the birth certificate on behalf of the intended parent and the surrogate mother, although the latter has lost her rights. This allows the registration of the birth certificate in the civil registry, without problems, since the birth certificate reflects reality, not as in the case of heterosexual couples, where the intended mother has obviously not "given birth to the child" and is rejected in the civil registry. Besides, we have the added resignation of the surrogate mother for if in the future we want our spouse to adopt the baby, avoid the displacement of the surrogate mother, given that Spanish law requires ratification. (That has already done before the consulate of Spain). (This adoption procedure is included in our programmes free of charge for the spouse).
Some agencies, which only have USA or CANADA as their destination, have to discredit RUSSIA, with the sole purpose of obtaining "clients" who escape to Russia. They publish blogs on the Internet, or pages where they indicate that in Russia it is not possible to carry out processes for surrogacy, which is not true, regardless of who is concerned. The reality is stubborn, and as a law firm, we comply with the law as the first and basic premise. Other "agencies" that are not law firms, are allowed to give their opinion on what they don't know, disorienting future parents, and taking them to more expensive destinations that they commercialize.
At GESTLIFE we have all the countries where surrogacy processes for homosexuals can be carried out. Therefore we are not interested in recommending one or the other. If you want to do it in the USA, and spend between 120,000 and 150,000 euros, we will gladly help you. If you want to get the same results with all the guarantees, half price in Russia, with closed budget, too.
Russia is currently, and for more than 6 years, the main destination of our homosexual parents, or single parents, because it offers significant advantages:
- Price lower by more than 50% than the price in the USA.
- Closed budget. No surprises at the end of the process with "surprise expenses".
- Programmes with unlimited number of embryo transfers and IVFs. At a closed price, you can be sure that you will become parents.
- (Therefore, single men are not mentioned).
- Multiple insurances included in some of the programmes: medical insurance for the surrogate mothers, death insurance for the surrogate mother or the donor, death insurance for the baby with programme restart, and so on, so that whatever happens you can reach your dream of being parents.
- Possibility of programme with gender selection.
- Process without intermediaries: the whole process is carried out by GESTLIFE and its branches.
It is no coincidence that GESTLIFE is the first company in Europe in number of surrogacy processes, with 100% success.
We invite you to contact your family advisor, and we will study your case together to offer you the programme that best suits your needs.