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Imagine this: today you open your cell phone and find a photo of a newborn baby. The parents proudly explain that the baby was born through surrogacy. Nice, right? But questions immediately arise: How does it work? Is it legal? Who wins and who loses?
Quick promise: by the end of this article, you’ll know how to answer these questions and have solid arguments—both for and against—for the next family debate.
A simple definition of surrogacy
Surrogacy is an assisted reproduction technique in which a woman (the surrogate) carries a pregnancy for another person or couple (the intended parents). When the baby is born, the parentage is transferred to the intended parents. The World Health Organization has included it in its official glossary since 2009 as “gestation by substitution” (ref. fiamc.org).
There are two forms:
- Gestational surrogacy: the surrogate does not provide eggs; the embryo is created using the gametes of the intended parents or donors.
- Traditional surrogacy: the surrogate uses her own egg and therefore shares genetic material with the baby (increasingly rare).
How does it work step by step?
- Medical and psychological evaluation of the surrogate and the parents.
- Contract setting out rights, obligations, and compensation (if permitted by law).
- Fertilization and embryo transfer at a specialized clinic.
- Pregnancy monitoring with regular check-ups and communication with the family.
- Birth and legal filiation.
Advantages of surrogacy
Below are the benefits most often cited in medical literature and testimonials from families who have gone through the process:
- Option for those who cannot conceive
Couples with severe infertility or women with illnesses that make pregnancy risky find a safe alternative here. - Genetic link
At least one parent can contribute genetic material, something that is impossible with adoption. - Inclusion of diverse families
Single people and LGBT+ couples can form biological families. - High success rate
Thanks to the rigorous selection of surrogates and IVF technology, live birth rates exceed 98% in leading clinics. - Pregnancy monitoring
Parents receive regular medical reports and can participate in key decisions, which reduces anxiety.
The most common advantages and disadvantages are summarized in recent informative studies Advantages and Disadvantages.
Disadvantages of surrogacy
- Financial cost
In the US, the complete package costs around $126,000; in Ukraine, it ranges from €65,000 to €70,000, where the surrogate mother receives €24,000 (ref. Cadena SER). - Legal complexity
Spain prohibits it: any contract is “null and void” according to the Supreme Court ruling of December 4, 2024 (ref. elnotario.es). - Vulnerability of the surrogate mother
Human rights organizations warn of possible exploitation of women with limited resources. - Emotional impact
Giving up the baby can cause grief for the surrogate mother and stress for the parents if complications arise. - Medical risks
IVF pregnancies are more likely to result in multiple births and cesarean sections.
Arguments in favor of surrogacy
- Reproductive autonomy: every person should be able to decide how to form their family.
- Solidarity: when the model is altruistic, it is comparable to organ donation.
- Scientific progress: it takes advantage of safe technologies.
Experts gathered at the 2024 Bioethics Conference emphasize that, with clear regulation, the practice can protect pregnant women and babies.
Arguments about surrogacy and the current debate
Opponents respond:
- Commercialization of the body.
- Economic inequality.
- Risk of child trafficking, as reported by journalist Patricia Simón (ref. Cadena SER).
This debate for or against surrogacy intensifies every time a country adjusts its regulations.
Legal situation in Spain and around the world
| Region | Permission | Specific features |
| Spain | Prohibited; contracts are null and void | The Supreme Court reinforced the ban in 2024 (ref. elnotario.es). |
| United States | Permitted in many states | High costs |
| Greece | Permitted under judicial supervision | Altruistic surrogacy compensated for expenses |
| Ukraine | Commercially permitted | Embryo delivery by courier (ref. Cadena SER) |
| Georgia, Albania | Permitted | Emerging destinations |
Country guides in the Countries section of our Web.
Medical and psychological perspective
- Health of the surrogate mother. Protocols require age 21–38 and enhanced medical checks.
- Psychological impact. Most surrogate mothers feel satisfied; emotional support reduces postpartum grief.
- Child’s well-being. 2024 reviews indicate development similar to that of children conceived through IVF.
Future trends
- International contracts (more than 30,000 babies in 2025).
- Shipping of cryogenic embryos (ref. Cadena SER).
- AI in embryo selection.
- Pan-European regulations under discussion.
Detailed ethical implications
- Clear informed consent.
- Autonomy vs. commercialization.
- Distributive justice: should the state finance part of the process?
Recommendations for an ethical and safe experience
- Transparency of costs.
- Life and health insurance for the surrogate mother.
- Ongoing psychological support.
- Shared medical decision clause.
- Rapid conflict mediation.
Quick comparison with alternatives
| Option | Genetic link | Average time | Approx. cost | Considerations |
| IVF | Mother/father | 6–12 months | €5,000–€10,000 | Requires functional uterus |
| Domestic adoption | None | 2–4 years | <€5,000 | Long processes |
| International adoption | None | 3–6 years | €15,000–€40,000 | Depends on the country |
| Surrogacy | One or both | 12–18 | €60,000–120,000 | Complex legal framework |
Quick economic overview
Surrogacy is a €6 billion-a-year industry concentrated in the US, Ukraine, Georgia, and Mexico.
Quick glossary
| Term | Meaning |
| Gestational surrogate | A woman who carries a pregnancy. |
| Intended parents | Those who will be the legal parents. |
| Gestational surrogacy | A pregnant woman who does not contribute her eggs. |
| Traditional surrogacy | Surrogate provides egg. |
| Exequatur | Judicial validation of foreign judgments. |
| Reproductive tourism | Traveling for treatment. |
| AI in embryology | Software that selects viable embryos. |
| Compensation | Payments allowed in some countries. |
First steps if you are researching
- Check local laws.
- Assess your health and finances.
- Talk to accredited agencies.
- Hire legal counsel.
- Take care of the emotional side.
Conclusion
Surrogacy can be a safe and supportive path if there is clear regulation, medical support, and respect for the surrogate mother. Without these pillars, abuse and inequality arise. The future of this practice will depend on how we answer the question: Can science help create life without violating human dignity?
Frequently asked questions (FAQ)
– Is it legal in Spain?
No. The contract is null and void, and the Supreme Court ratified this in 2024 (ref. elnotario.es).
– How much does it cost?
Between €60,000 and €160,000, depending on the country. In Ukraine, the surrogate mother receives around €24,000 (ref. Cadena SER).
– Can a single person participate?
It depends on the country (yes in Greece and several US states).
– Can the surrogate mother keep the baby?
The law prevents this in most gestational jurisdictions.
– Is altruistic surrogacy possible?
Yes, in countries such as Canada; the surrogate mother only receives medical expenses.
– Where can I read more testimonials?
On the Testimonials page of Gestlife Surrogacy
