Surrogacy. History of uprise
Infertility problem is an inability to have children and further generation, which existed since ancient times. Surrogacy idea emerged long time ago.
First case of surrogacy was described in Old Testament (the Book of Genesis 16) 2 thousand years before Christ. Maid Hagar was invited by Abraham to carry his child as a surrogate, because his wife could not become pregnant.
History knows many cases for the salvation of infertility problem. Slaves and hetaeras were surrogates in many countries of the world.
At that time only “traditional” surrogacy existed. Genetic parents were father and a surrogate, insemination was made naturally.
First successful artificial insemination “Invitro” with following extracorporal fertilization (IVF) happened in England in 1978. As a result, a well-known Louise Braun was a first “test-tube baby”.
IVF appliance, carrying and giving birth to a child by a surrogate (absolute surrogacy, meaning a child has no genetical connection with a surrogate) first was successfully fulfilled in USA in 1986.
During 30 years, since Louise Braun was born, more than two million test-tube babies were born all over the world. This means that more than two million people were given a possibility to overcome an infertility problem, become loving parents of long-awaited child, and give birth to a successor!
Surrogacy in Ukraine
Promulgation of assisted reproductive technologies in Ukraine started in 1980s. First successful extracorporal fertilization (IVF) in Ukraine was fulfilled in Kharkiv. In 1991 with the help of IVF girl Kathy was born.
Surrogacy today
Medical part of surrogacy achieved a great progress and now is on a high level – doctors no more have to make 600 attempts of extracorporal fertilization, as it was with Louisa Braun. Juridical part of surrogacy program in many countries is not regulated enough.
For example, surrogacy is forbidden in Australia, Germany, Norway, Swiss, France, and in several USA states.
In Belgium, Greece, Ireland and Finland using surrogates for infertility treatment is not regulated by law, but it is widespread.
In some countries surrogacy which is not commercial is used, surrogate does not receive payment; advertisement and choosing of a surrogate are forbidden. Such legislations exist in Australia, Great Britain, Denmark, Israel, Spain, Canada, Netherlands, and some USA states.
Surrogacy which is not commercial is available for couples, which can only afford artificial insemination procedure as prices for reproductive medicine are high. At the same time, every person has a right to protect his interests; this is why a surrogate has a right to be paid for her services.
Surrogacy on the material basis is also allowed in the majority of USA states, RSA, Russia, Georgia and Ukraine.
Legislation on surrogacy in our country covers almost all items (surrogacy, insemination, egg/sperm donation, usage of other reproductive methods for infertility treatment). However all legislative questions are complicated and not all notaries are competent enough in all items of this matter.