Surrogate mother

 

Forensic & Legal Medicine: Surrogacy

Assisted Reproductive Technologies (ART)

Surrogacy is an arrangement where a woman (the surrogate mother) agrees to carry a pregnancy for another person or couple (the intended parents), who will become the child’s legal parents after birth.

1. Types of Surrogacy

  • Traditional (Partial) Surrogacy: The surrogate uses her own egg and is biologically related to the child.
  • Gestational (Full) Surrogacy: The surrogate is implanted with an embryo (via IVF) created from the intended parents’ gametes or donor gametes. She has no genetic link to the child.

2. Medico-Legal Issues

Focus Key Legal Concern
Legal Parentage Determining whether the surrogate or intended parents are the legal guardians at birth.
Surrogacy Agreements The enforceability of contracts and the surrogate’s right to change her mind (withdrawal of consent).
Commercialization Regulatory distinctions between altruistic vs. commercial surrogacy (banned in many regions).

3. NEET PG High-Yield Pearls

  • Genetic Identity: In forensic paternity disputes, gestational surrogacy is straightforward as there is no biological link between the surrogate and the child.
  • Medical Ethics: Practitioners must prioritize the psychological screening and physical health of the surrogate to minimize risks.
  • Statutory Regulation: Always check the current ART legislation in your specific jurisdiction (e.g., The Surrogacy (Regulation) Act in India, which strictly prohibits commercial surrogacy).
  • Documentation: Detailed documentation of the transfer of embryos and informed consent is essential to mitigate future litigation.