ICASM – Newsletter – April 2023

NEW DEBATE IN SPAIN ON SURROGACY AND ABORTION 

The reform of the Law on Sexual Health and Voluntary Termination of Pregnancy recognizes surrogacy as a form of violence against women and a serious violation of our reproductive rights, reiterating the prohibition of this practice in Spain and also prohibiting any advertising by agencies that profit from this practice.

On the occasion of the adoption of a daughter by actress and presenter Ana García Obregón, the Partido Popular proposed to open a “peaceful debate” on the legalization of this practice. For its part, the government maintains the 2010 Instruction, which facilitates cross-border reproductive exploitation, as well as Article 10.3 of the Law on Assisted Reproductive Technologies, which allows men who use this practice abroad to claim paternity in court.

RISE OF SURROGACY IN THE SOUTH CAUCASUS 

In Armenia and Georgia, surrogacy is legal and has led to a significant increase in the number of couples using the practice.

In Armenia, women can become surrogates twice, while Georgian law does not limit surrogacy and was amended in December 2022 to state that only married, heterosexual couples can engage in surrogacy.

Surrogacy is on the rise. Data from the Georgia Public Services Development Agency shows that 36 children were born through surrogacy in 2012, a number that will increase to 809 by 2022. A total of 4,433 children were born through surrogacy (including stillbirths) in Georgia over the ten years.

No data are available for Armenia, but past data suggest a similar trend.

WILL QUEBEC BECOME A DESTINATION OF CHOICE FOR SURROGACY ? 

“If you want to become a surrogate mother, press 1,” reads the message from Canadian Fertility Consulting.

Quebec is expected to pass a new law that will recognize agreements between surrogate mothers and sponsors. Quebec’s Bill 12 aims to protect the rights of mothers and children born through surrogacy, but it is difficult to implement because of the complexity of the issues involved. It is of particular concern as parents in other countries look to Canada for mothers because of existing social policies. The bill is currently in parliamentary committee.

THE TINDER OF SURROGACY 

Dr. Brian Levine, a reproductive endocrinologist, has launched a website called Nodal in the United States. Surrogates and sponsors create a profile and the surrogate selects sponsors she is interested in, similar to Tinder or Bumble. Nodal helps both parties through the process, including access to legal resources.

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