The surrogate or caring mother is a woman who accepts, on the basis of a contract signed with the notary, to bear a pregnancy and give birth to a baby for an infertile couple or woman, voluntarily renouncing any parental rights over the child. In many countries, this practice is strictly prohibited by law - Spain, Holland, France, and in others, it is legalized - Belgium, Ukraine, Georgia.
Romania, on the other hand, is one of the countries facing a legislative vacuum in this regard. Although the first measures to legalize the practice have been taken since 2012, they have remained unanswered by the Government.
Law on surrogate mothers in Romania
At the end of February 2012, Gyorgy Frunda, chairman of the Commission for Human Rights, Cults and Minorities, submitted a draft law to the Government, whereby infertile couples and single women could call on the services of a caring mother to become parents.
What does the project entail?
According to the draft law, the exchange of services between the surrogate mother and the beneficiary couple or person will be established by a legal contract, concluded with the notary, between the two parties. The contract will contain clear clauses regarding the surrender of the parental rights of the surrogate mother to the child, after birth.
In order to avoid the risk that the medical assistance in the field of human reproduction will turn into a profitable business or "baby factory", the draft law stipulates clearly that the carrying mothers they will not receive any material benefit following the provision of this service.
In other words, it is not a sale-purchase contract for a child. Women who want to become surrogate mothers must make this gesture out of pure generosity. The only compensations that the surrogate mother can receive from the parents, based on the contract concluded, are the settlement of the medical costs of the pregnancy period and a material compensation equivalent to 5 meal vouchers per day for each day of pregnancy and lactation.
Age of beneficiaries and surrogate mothers, stipulated by law
Not every woman can become the surrogate mother or the beneficiary mother of a child adopted for such a service. In the draft law filed in 2012, it is clearly stipulated that the age of the surrogate mother must be between 18 and 40 years, and that of the beneficiary mother between 18 and maximum 47 years.
How can you become a surrogate mother?
There are two ways in which a woman can become a caring mother:
- pregnancy with a child that is not biological but is designed in vitro from donated eggs and sperm;
- the task in which the carrying woman is the biological mother of the child, that is, she gives up her eggs to conceive the child of a couple in which only the woman is infertile, and the man is fertile; pregnancy is also obtained through assisted human reproduction techniques, in vitro - the surrogate mother's eggs are fertilized with the father's sperm, and the embryo is then implanted in the womb.
You can call surrogate mother and in the situation where both partners are fertile but the woman cannot carry out a pregnancy.
Often, the surrogate mother is the biological mother of the child, conceiving the child by artificial insemination with the sperm taken from the man.
This method is used when the woman is experiencing fertility problems.
If the woman is fertile but cannot carry out a pregnancy, the child is conceived using in vitro fertilization.
For this procedure, it is taken from the couple, eggs and sperm with which the embryo is cultivated. After the fertilization process is completed, the embryo is implanted in the surrogate mother's uterus.
When to consider the appeal to a surrogate mother
The ovaries are the ones that produce the eggs, which will be fertilized, so any disease that affects the ovaries can result in fertility problems.
Different situations such as menopause onset, maternal age, premature ovarian failure, genetic disorders of the mother, polycystic ovaries, chemotherapeutic treatments (which can destroy ovarian function), are situations in which the appeal to a surrogate mother can be considered.
You can also call a surrogate mother when there are a number of conditions related to the uterus, such as a hysterectomy, uterine fibroids, congenital diseases.
In general, couples use one surrogate mother after trying all other methods of conception, in vitro fertilization, artificial insemination.
Are you for or against the idea of a surrogate mother? Do you think that, once legalized in Romania, it will become an opportunity for many women to earn money or is it a chance for infertile couples to become parents? Tell us your suggestions in the comments section below!
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