<- Home <- Arhive <- Vol. 29, Issue 3, September 2021



Rom J Leg Med29(3)323-327(2021)
DOI:10.4323/rjlm.2021.323
© Romanian Society of Legal Medicine


GESTATIONAL SURROGACY. MEDICAL, PSYCHOLOGICAL AND LEGAL ASPECTS

A. E. Dumitru, C. Gică, D. A. Iordăchescu, A. M. Panaitescu, G. Peltecu, R. Botezatu, N. Gică


Abstract: Background. Infertility is a topical issue in our society and should be considered a disease in all aspects, affecting both health and well-being of the people who suffer from it. The advances made in medicine allow to the infertile couples or individuals to enjoy a family life with children with the help of a surrogate. Surrogacy is the process whereby a woman carries and gives birth to a baby for a couple who cannot conceive naturally and it has become increasingly popular worldwide. Although mentioned even from religious books, it still raises controversies nowadays in several fields.
Objective. To determine the medical, ethical and psychological aspects regarding gestational surrogacy. Materials and methods: We performed a systematic review by searching relevant information in ScienceDirect and PubMed databases using keywords as: assisted reproduction technology, gestational carrier, gestational surrogacy, intended parent, surrogacy, surrogate mother. Out of the results obtained, we sorted only articles regarding medical indications, ethical and legal aspects worldwide and psychological implications.
Results. This type of assisted reproductive practice can be justified only in the case of a congenital or acquired absence of a functioning uterus. In many countries that accept this practice, the surrogacy is mostly altruistic, with little example of commercial surrogacy (e.g. Ukraine, India). Due to the fact that there is an increased concern about human exploitation, coercion or womb commodification, in order to prevent any violation to human rights, surrogate carriers are encouraged to enter in with a contract which assures her about all rights and responsibilities, compatible to the country’s legislation. Regarding psychological implications, opinions are divided: some experience states of depression, anxiety after delivery, while others do not consider the child as their own, bearing that there is no genetic connection.
Conclusions. The future will decide more on the subject, but competent entities from all over the world should watch for the primary purpose of this procedure - the help for individuals or couples (regardless of their gender) to complete their family with a child. Concerns on human rights violation should draw attention to the dangers these women are facing, obliging each country to ensure appropriate regulations in order to protect both the gestational carrier and the unborn fetus.
Keywords: assisted reproduction technology, gestational carrier, gestational surrogacy intended parent, surrogacy, surrogate mother.



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