Alternative means of childbearing, which include but are not limited to surrogacy, have become increasingly popular in recent time. According to the Society for Assisted Reproductive Technology, in 2011 alone, there were 1,593 babies born in the U.S. to gestational surrogates as reported by Reuters (2013).
Gestational surrogacy has proven to be one of the most viable options for women in whom carrying a pregnancy to term is contraindicated.
In surrogacy, various methods are used to form a viable embryo for pregnancy.
i. With a donor’s egg
ii. With donor’s sperm
iii. With donor embryo
These factors associated with these methods affect the cost of surrogacy in Ghana. The average surrogacy cost in Ghana is GHC 150,000. This amount includes all the expenses from the required tests of intended parents and surrogates to the birth mother’s fee. Surrogacyforall.com stipulates that singleton pregnancy costs between $49,000 and $105,000 in the USA, while twin pregnancy poses an additional cost of $5,000.
One report by BBC, (2018) states that financially and socially vulnerable women can be targets for surrogacy recruitment, since they are attracted by the huge sums of money on offer. For instance, a surrogate in Ukraine can earn up to $20,000 (£15,507); more than eight times the average yearly income.
Despite being a seemingly lucrative venture considering the money involved, there have been reports of poor treatment of surrogate mothers, with some agencies refusing to pay surrogates if they do not obey strict requirements or if they miscarry. Exploitation concerns have led to many countries shutting down their previously booming surrogacy industries. In 2018, a report by ohchr. org, stated that the UN warned that “commercial surrogacy….amounts to the sale of children”.
What is Surrogacy?
According to Dr. Owusu-Ansah, Surrogacy is when someone carries a child for a woman, who due to complications, is unable to do so naturally. The child is carried till delivery. Wikipedia, (2021) has also defined Surrogacy as “an arrangement, often supported by a legal agreement, whereby a woman (the surrogate mother) agrees to bear a child
another person or persons, who will become the child’s parent(s) after birth.”
Types of surrogacy
The term “surrogacy” is generally used to describe a couple of different scenarios.
• A gestational carrier carries a pregnancy for an individual or couple using an egg that is not the carrier’s. The egg may come from either the intended mother or a donor. Likewise, sperm may come from the intended father or a donor. Pregnancy is achieved through in vitro fertilization (IVF).
• A traditional surrogate both donates her own egg and carries a pregnancy for an individual or couple. The pregnancy is usually achieved through intrauterine insemination (IUI) with sperm from the intended father. Donor sperm may also be used.
According to the Southern Surrogacy agency, gestational carriers are now more common than traditional surrogates. This is due to the fact that once a traditional surrogate donates her own egg, she is technically also the biological mother of the child, and has genetic ties to the said child.
How does surrogacy work?
Gestational surrogacy helps those who are unable to have children become parents. It’s a process that requires medical and legal expertise, as well as a strong support process throughout the journey.
Through IVF, embryos are created in a lab at a fertility clinic. Sometimes the intended parents use their own genetic material. Sometimes, an egg donor is required. At the fertility clinic, 1-2 embryos are implanted into a
for
another person or persons, who will become the child’s parent(s) after birth.”
Types of surrogacy
The term “surrogacy” is generally used to describe a couple of different scenarios.
• A gestational carrier carries a pregnancy for an individual or couple using an egg that is not the carrier’s. The egg may come from either the intended mother or a donor. Likewise, sperm may come from the intended father or a donor. Pregnancy is achieved through in vitro fertilization (IVF).
• A traditional surrogate both donates her own egg and carries a pregnancy for an individual or couple. The pregnancy is usually achieved through intrauterine insemination (IUI) with sperm from the intended father. Donor sperm may also be used.
According to the Southern Surrogacy agency, gestational carriers are now more common than traditional surrogates. This is due to the fact that once a traditional surrogate donates her own egg, she is technically also the biological mother of the child, and has genetic ties to the said child.
How does surrogacy work?
Gestational surrogacy helps those who are unable to have children become parents. It’s a process that requires medical and legal expertise, as well as a strong support process throughout the journey.
Through IVF, embryos are created in a lab at a fertility clinic. Sometimes the intended parents use their own genetic material. Sometimes, an egg donor is required. At the fertility clinic, 1-2 embryos are implanted into a
gestational carrier, who carries the baby(ies) to term. Gestational carriers have no genetic relationship to the children they deliver.
Surrogacy and the Law
Many countries do not have legislations on Surrogacy and this presents with many challenges. For instance, the case of baby Gammy as reported by the BBC (2016) shocked the world, when it was alleged the commissioning parents had intentionally left Gammy, who had Down’s syndrome, in Thailand, while taking his non-disabled twin sister Pipah home to Australia. A court later ruled, according to Telegraph, (2016), that he had not been abandoned, although it emerged the commissioning father had previous convictions for child sex offences, playing into wider concerns regarding the welfare of surrogate children.
In Ghana, there is currently no law regulating the practice of surrogacy. According to the SurrogacyLawyers.com, “Regardless of the law in Ghana or any other destination, the surrogate is always the legal mother. Whether or not one of you is the legal parent will depend on the circumstances surrounding the insemination or embryo transfer, and whether the surrogate is married or in a civil partnership. Thus, it is essential that you get advice before you start the process and preferably, before you select the surrogate. A Parental Order extinguishes any legal rights that the surrogate and
her husband have for the child and makes you the legal parents. If you do not apply for a Parental Order by the time the child is 6 months old, you may need to consider alternatives such as adoption. This deadline has been extended in some cases.”.
According to Dr. Owusu-Ansah in an interview with naaoyooquartey. com, “all proceedings are covered by a written agreement between all parties involved including medical staff, surrogate, commissioning parents etc”. He further emphasized that some surrogates become a bit resistant after delivery because they feel they haven’t been adequately compensated or well treated during the 9-month period, whilst others feel an emotional bond to the child after delivery. “That’s why consent forms are signed before the process begins to prevent conflicts. If there’s any issue, discussions can be held to resolve any contentions”.
The challenge here is that legislation concerning surrogacy varies hugely from country to country and is shaped by history, culture and social values. For instance, in Germany and France, surrogacy is seen as violating the dignity of women, using them as the means to someone else’s end. Therefore, the practice is completely forbidden. Other jurisdictions like the UK view surrogacy as a gift from one woman to another, and allow it on an “altruistic”, expenses-only basis. Others still, such as California, Russia and Ukraine, permit commercial surrogacy, viewing it as an expression of a woman’s autonomy to engage in surrogacy of her own free will. Ukraine, is one of the few countries in the world where the law approves and duly regulates the
usage of Assisted Reproductive Technology (ART) services; surrogacy and egg donation in particular. Article 123 of the Family code of Ukraine confirms the child born from surrogate mother as a result of usage of assisted reproductive technologies belongs to the Intended Parents and their names come in baby’s birth certificate. The total cost of a surrogacy program with Self Eggs starts from Euro 40,000 “Success Package” with up to four Embryo Transfer Attempts, while “Guaranteed Surrogacy” Packages are also available at affordable costs (tentative 50,000- 56,000 USD).
Georgia is another trending destination for Surrogacy, here a heterosexual couple is qualified to get the surrogacy. They do not prohibit any couple for having surrogacy, but it is the duty of the clients to verify from their home country as the baby is their property. The cost for surrogacy is between USD 38,000- 40,000 for self-eggs and donor’s eggs respectively.
In India, Surrogacy exits for only Indian citizens. The cost of surrogacy in India is INR 13,00,000 to 15,00,000 [USD 20,000 – 23,000] with own eggs or donor eggs.
Some international surrogacy destinations, such as Kenya and Nigeria, remain unregulated. Kenya, currently has a bill on surrogacy which is yet to be passed. The current surrogacy legislation in Kenya makes it an attractive destination for “reproductive tourists and especially Egg Donation and Surrogacy Programs”. The total cost for self-eggs or Caucasian / African Donor Surrogacy program is $45,000
FROM DR. RAPHAEL NYARKOTEY OBU, PHD & LAWRENCIA AGGREY-BLUWEY
