No matter where we do the surrogacy program — either in Mexico, or Ukraine, or the US — the Intended Mother is the mother. In Ukraine, the Family Code absolutely clearly states that a surrogate cannot apply for any custody and she is not the mother. The Intended Mother is the mother, the Intended Father is the father. Legal parents are the Intended Parents.
In Mexico, our process is built on the Pre-birth Court Order, where you will also be indicated as parents. The surrogate is not a mother of a child. The Intended Mother is the mother of a child, even if egg donation took place. The same applies to our programs in the US, as we also work on the basis of the Pre-birth Order there.
There are only a few countries where traditional surrogacy is legal and practicable. To be honest, there are more countries where it is practicable while being illegal. Let's have a look.
In the United States, traditional surrogacy, where the surrogate uses her own egg, is legally complex, with laws varying significantly by state. Only a few states have statutes that explicitly permit traditional surrogacy.
In Ghana, traditional surrogacy is legally recognized but operates within a framework that lacks comprehensive regulation. The Registration of Births and Deaths Act, 2020 (Act 1027) acknowledges surrogacy arrangements and provides procedures for registering births resulting from such methods. Specifically, the Act defines surrogacy to include scenarios where a gamete from a person other than the surrogate's partner is introduced to fertilize her egg, thereby encompassing traditional surrogacy.
In South Africa, traditional surrogacy is permitted, but since the surrogate has a genetic link to a child, within 60 days after birth, she can change her mind and deny handing the baby to the commissioning parents.
In New Zealand, certain traditional surrogacy arrangements may take place privately without the involvement of a fertility clinic or approval from the Ethics Committee on Assisted Reproductive Technology (ECART). Despite this more informal approach, the legal aspect remains unchanged— Intended Parents must still go through the formal adoption process to establish a legally recognized parent-child relationship with the tamaiti (child). This ensures that parental rights are fully transferred from the surrogate mother to the Intended Parents, providing legal security and clarity for the child’s future.
