Surrogacy

There are two types of surrogacy which present different legal implications:

The first, “traditional” surrogacy, or artificial insemination, involves insertion of sperm into the fallopian tube of the surrogate mother, who will consequently be the biological mother of the child. As a result, the surrogate mother must agree to a series of legal obligations transfer her rights as the parent of the child to the individual(s) who have opted for surrogacy.

The second, “gestational” surrogacy, more commonly known as in vitro fertilisation (IVF), involves implantation of an externally fertilised embryo where the biological parents do not involve the participation of the surrogate mother; therefore the child and the surrogate mother are biologically independent of one another.