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Tuesday, 24 October 2017 07:53

How Ukraine's Surrogacy Model is More Advanced and Secure Than Many Countries

In this article written about Australia and New Zealand, the argument is made that surrogacy would be more secure and safer for all parties if there is regulation of surrogacy. Ukraine goes beyond many of the suggestions made here. In Ukraine, medical facilities for IVF procedures must be licensed, surrogates must have their own legal council, implantations are limited to 2 embryos.Surrogates must meet certain legal requirements. At Delivering Dreams, we go beyond all regulations in further testing our donors and surrogates to insure they are mentally and physically prepared to nurture your baby.

For a more affordable surrogacy with legal protections for the intended parents from inception, contact us at Delivering Dreams. Learn if we can help you grow your family. Financing is also available. 908-386-3864 This email address is being protected from spambots. You need JavaScript enabled to view it., www.delivering-dreams.com.

A new way to regulate surrogacy to give more certainty to all involved by Ruth Walker and Liezl van Zyl .

Starting a family through surrogacy is fraught with stresses and uncertainties.

For heterosexual couples it is often the last resort after a history of disappointment and even tragedy. Gay couples remain subject to discrimination and stigma when it comes to planning a family.

Surrogates face the risk that the intended parents might opt out of the arrangement, leaving them the legal mother of a child they did not plan to raise. They are often not compensated for their service.

We think it is time for a new way to regulate surrogacy to provide certainty over legal parentage and protection of the surrogate’s rights.

Surrogacy now
In genetic surrogacy (also known as traditional or partial surrogacy), the surrogate uses her own egg and becomes pregnant through artificial insemination, usually using the intended father’s sperm. In gestational surrogacy (also called host surrogacy), the surrogate carries a couple’s embryo, or an embryo created using donor gametes, and becomes pregnant using in-vitro fertilisation techniques.

Current legislation in many countries creates unnecessary risks for all parties involved in a surrogacy arrangement. Many intended parents plunge into the even riskier world of international surrogacy where they encounter further obstacles to securing parental rights when they return with a baby.

In a number of jurisdictions, including New Zealand and Australia, the only form of surrogacy that is permitted is altruistic (or unpaid) surrogacy. Typically, intended parents are allowed to reimburse pregnancy-related expenses, but are not permitted to pay anything beyond that.

We think this is unfair. Surrogates deserve fair compensation and, indeed, most intended parents want to be able to compensate the surrogate for her work and the risks she undertakes.

Antiquated adoption laws, such as New Zealand’s Adoption Act 1955, require the intended parents to adopt the baby from the surrogate. This generates tensions throughout the relationship over whether the surrogate will relinquish the baby, the intended parents will adopt it, and the social workers and Family Court will give their approval. All parties are entitled to certainty over legal parentage.

The professional model
Commercial surrogacy is an option in some jurisdictions. It relies on a contract to determine the obligations of both parties with no recourse other than the courts when something goes wrong. We think it is a mistake to regulate surrogacy according to the norms of business, which is based on the principle, “Let the buyer beware.”

Instead, we propose a third alternative: the professional model. It is inspired by the way the caring professions are regulated. Its unique provisions would protect the rights of surrogates, put the interests of the intended baby at the heart of the arrangement, and give intended parents certainty by recognising them as the legal parents of the baby from its birth.

At the centre of the model is a regulatory body similar to those of the nursing and medical professions. It would be responsible for licensing fertility clinics, maintaining a register of surrogates, determining a fair rate of compensation and ensuring compliance with a code of ethics. Registration would protect the surrogate’s rights by setting a fee that cannot be negotiated down (or up) and cannot be made contingent on compliance with the intended parents’ wishes or a successful outcome to the pregnancy.

The surrogate’s rights to bodily integrity and medical confidentiality cannot be negotiated away. She has the right to refuse unreasonable demands and be protected from practices that compromise her safety. For example, the regrettably common practice of transferring two or more embryos when there is no clinical justification for doing so would not be permitted. Intended parents have to understand that the surrogate retains all her rights as a pregnant woman.

Registration of all surrogates would also protect women from coercion. In a confidential process used to ensure that a woman is medically and psychologically fit to undertake a surrogacy, and sensitive to the ethical responsibilities she would be taking on, she would be able to disclose feeling pressured or reluctant. All the intended parents would know was that the regulatory body declined to register her.

Intended parents and baby
The professional model also aims to protect intended parents, who are vulnerable in a number of ways. Surrogacy is often the last remaining avenue for heterosexual couples. For gay couples, regulation could lessen discrimination when it comes to starting a family.

The intended parents need the compassion and understanding of their surrogate as they go through an inevitably stressful process. They have no control over the surrogate’s behaviour during the pregnancy, do not have a right to information and cannot make decisions about its course. The surrogate retains her right to bodily integrity and medical confidentiality both now and under our model.

They must therefore rely on the surrogate’s generosity with both information and decision making. What this means is that the surrogate should have an appreciation and understanding of the ethical significance of her role. She must be trustworthy and able to put the interests of the intended parents and the baby ahead of her own in the way that professionals do.

The intended baby has independent interests, principally being born full-term and healthy. The surrogate’s duties to the intended baby mean she should act in evidence-based ways under the supervision of professionals to increase the chances of that outcome. In a few tragic cases, it may not be in the intended baby’s interests to be born and the surrogate must make her decision accordingly.

Professional support
Under our proposed regulation of surrogacy, both parties would have access to professional support as needed, from the time that a surrogacy arrangement is contemplated until some time after the birth.

There will always be tensions and difficulties in a surrogacy arrangement. Most will end well, but lack of support is one reason why some end badly. The professional model greatly reduces risks through registration of surrogates, counselling before the pregnancy is established and, critically, by making help available as needed.

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I am very satisfied with the medical services. Coordinator Lyubov was always in touch, answered any questions quickly and clearly, and helped in any difficult situations. The level of personal support and genuine concern for my health and well-being was 100 percent. I am very pleased that I am going through the surrogacy program with this agency. I feel protected and confident. I really like the attitude of the agency, timely payments, and the curator and manager make sure that pregnant girl...
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Olga T.
I am very pleased to meet such beautiful and kind people Hello everyone, I'm Myroslava and I'm going through my SM program at the Delivering Dreams agency. I want to express a big thank you to the girls who cooperate with me, who worry about my condition, who are always in touch, and who always support me - Omelchuk Lyubov and Anna Levchenko. I've already been to a program and therefore I have something to compare it with, this agency and the staff are at the highest level. And also the doct...
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Myroslava
Hallo Oksana,  vielen Dank für Deine ausführliche Erklärung. Wir haben alles gut verstanden. Das zeichnet due Arbeit von Euch und Eurem Ärzteteam aus. So kann man gut vertrauen. Hello Oksana, Thank you very much for your detailed explanation. We understood everything well. This is what distinguishes the work of you and your medical team. This is a good way to trust.
German couple
One of the best teams and my program! Hello! I want to share my experience and my impression of my program, one of the best programs, and the team from the Delivering Dreams Agency! Great attitude, attentive staff, responsible! Always in touch 24/7! Lyubov Omelchuk is a wonderful person, she was with me from the first minute of implantation until the end of the entire program! I am grateful that Lyubov was always with me! People of their word! Staff who never let you down! I highly recommend...
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Anna Priazhnikova
DD is outstanding We have just returned home to California with our beautiful daughter who was born in Lviv. The Delivering Dreams team made our trip so easy and straightforward. From our arrival to Ukraine to our departure, they had everything covered. The constant communication from the team is amazing. All of our paperwork for the embassy was properly prepared and organized. I cannot recommend them enough, we are even thinking about having another baby with DD!
Andrey Frenkel
Thank you very much Dear Oksana, Thank you very much for the great news. We still can't believe it and are totally speechless. The work you do under these difficult conditions cannot be put into words. Thank you very much for that. Liebe Oksana, vielen Dank für die super schöne Neuigkeit. Wir können es noch gar nicht glauben und sind total sprachlos. Was Ihr für eine Arbeit leistet, unter den schweren Bedingungen,  kann man nicht in Worte fassen. Vielen herzlichen Dank dafür.
Couple from Germany
Very friendly, pleasant team I am very grateful to the international surrogacy agency Delivering Dreams for such a short period of experience that dispelled all doubts and the remains of incomprehensible questions that were before and during this program, but I had a wonderful curator Lyuba who did not leave me for a second even on distances?❤️ This is how experienced, pleasant, kind woman you want to go to the program at least immediately after finishing the first one! Very friendly, pleasa...
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Angelina
Thank you for the wonderful experience and the opportunity to help future parents. I also want to thank Lyubov Omelchuk (Delivering Dreams) for her kindness and empathy, she was always in touch throughout the program, especially since the rehabilitation course is based on the supervision and advice of the curator. My worries about the procedure were in vain because everything went perfectly, thanks to the 24/7 support of the curator and qualified doctors Дякую за чудовий досвід, та змогу...
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Angelina
I recommend this agency. I was a surrogate mother in this agency, I really liked everything. The doctors treated me well and explained everything clearly. Curator Lyuba and Anya are always in touch and answer all questions, always supporting. I recommend this agency. Я була сур мама в цьому агентство, мені все дуже сподобалося лікарі гарно відносяться, розповідають все доступно. Куратор Люба і Аня завжди на зв'язку і відповідать на всі запитання, завжди підтримують. Рекомендую це агентство.
Yuliia
Thank you very much for worrying about me.  I really want to start the program at Delivery Dreams agency. The doctors here are extraordinary. Coordinator Lyubov is also extraordinary, always in touch and worries about me. After the hysteroscopy, Lyubochka is on the phone with me 24/7. Thank you very much for worrying about me. I hope that my program will start soon and I will present the baby to the biological parents. Thank you for being there!?? Я дуже хочу почати програму в агенстві De...
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Nastya

Under Ukrainian law, surrogacy is a legal affordable option for traditionally married couples to have children using their own embryos, or with either an egg or sperm donor. There must be a medical reason you can’t carry a child. You are also able to participate if you have had 4 unsuccessful IVF attempts.

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Under Ukrainian law, surrogacy is a legal affordable option for traditionally married couples to have children using their own embryos, or with either an egg or sperm donor. There must be a medical reason you can’t carry a child. You are also able to participate if you have had 4 unsuccessful IVF attempts.