Crossing Borders: The Surrogacy Immigration Loophole

International surrogacy has had a recent increase in popularity over the last few years, leading certain countries to be labeled “destination countries” for their high demand. The United States is one of those destination countries. However, although international surrogacy is gaining popularity, there are still a number of gray areas regarding the topic. We’ll shed some light on a few of them here.

Crossing Borders

Crossing borders comes with a number of loopholes and ambiguity. For instance, surrogacy is illegal and prohibited in some areas of the world like Ireland, Denmark, Belgium, and the UK, but it also depends on the type of surrogacy. Altruistic surrogacy, where the surrogate agrees to carry the baby with no monetary compensation, is available in the United Kingdom, but legal foreigners cannot access surrogacy. Commercial surrogacy on the other hand, where the surrogate does get compensation, is prohibited in these countries.
France, Italy, Switzerland, and Germany are just a few areas where all forms of surrogacy is strictly prohibited. Hence, why people are drawn to surrogacy in the States. Many states in America have specific laws, or a lack thereof, that support surrogacy, which motivates potential parents from around the world to come to the United States to start their family. Also, the United States recognizes gay marriage, which allows homosexual couples living abroad to fulfill their family wishes.

Recognizing The 14th Amendment

International surrogacy does have a particular upside many potential parents want to claim for their child. A lot of citizens from other countries will consider international surrogacy in the United States, so the child born in the country is automatically granted citizenship. This citizenship birthright is achieved by the 14th Amendment.
This could come in handy for future parents when they are looking for better opportunities for their child, in terms of education and so on. Of course, surrogacy in the United States is more regulated than anywhere else in the world, so it is more usual that foreign parents will be looking to have a child in America than the other way around.

The Need for Legal Aid

In terms of the legalities of international surrogacy, parents must be sure to have the right legal aid to make the surrogacy run smoothly for both parties involved. Though with surrogacy in general legal assistance is crucial, international surrogacy calls for legal aid on both sides of the border. This is to make sure potential parents can be knowledgeable in the exercising of their legal rights, as well as be reassured that there won’t be any complications within the surrogacy process. Also, parents from another country need a lawyer in their home country to speak for the child’s parentage and citizenship in the home country.

Common Questions When Crossing Borders

Individuals and couples interested in international surrogacy will likely have a number of questions they’d like answers to before making any moves. Some of the most important and common questions include:

• What legal protections are offered to intended parents and surrogates?
• Is transfer of legal parentage available in that area?
• What are the eligibility requirements for surrogates?
• Is health insurance available for the surrogate?
• Can the intended parent be present at the birth?
• What are the costs going to be like?

The answer to each of these questions may vary based on the countries involved, which is why it’s helpful to have an agency on your side.

Where to Start

For parents living abroad, surrogacy in the United States is a very appealing choice. Here at Simple Surrogacy, we know the legal coverage necessary for new parents looking at international surrogacy. If you are looking for a surrogacy agency in Texas that has dealt with international surrogacy, then Simple Surrogacy is the way to go.