Surrogacy remains a controversial topic in various parts of the world. In Indonesia, the practice is illegal according to Law No. 36 of 2009, Article 127, paragraph (1) concerning health, which states that attempts to conceive through artificial means are allowed only for legally married couples, where the sperm is fertilized and the ovum is implanted in the wife’s uterus, using her own egg.

However, in several countries, surrogacy is legal, though each has its own set of regulations and requirements. Let’s take a closer look at how surrogacy works.

Types of Surrogacy

There are two primary types of surrogacy practices, as outlined by IVF Australia:

1. Gestational Surrogacy - In this case, a fertilized embryo is implanted in a surrogate mother. The embryo is the result of in vitro fertilization (IVF) using eggs and sperm from the intended parents or a third-party donor. The surrogate mother does not contribute genetically to the child.

2. Traditional Surrogacy - Here, the surrogate mother uses her own eggs and the father’s sperm through insemination. This means the surrogate mother is genetically related to the child she is carrying.

Gestational surrogacy is legally practiced in countries such as Australia and the United States. According to WebMD, approximately 750 babies are born via gestational surrogacy each year.

Why Do People Choose Surrogacy?

Several reasons lead people to opt for surrogacy, as reported by Better Health:

• A woman who is unable to conceive due to a hysterectomy or the removal of part of her uterus, ovaries, or other reproductive organs.

• A woman with a health condition that makes pregnancy risky.

• A same-sex male couple wanting to have a child using sperm from one partner.

• A single parent wishing to have a child without marriage.

• A woman whose frozen embryos have failed, and her male partner wishes to use them to conceive.

Requirements for Surrogacy

Certain requirements must be met to practice surrogacy legally in some countries. Some of these are detailed by Healthline:

• The surrogate mother must be between 21 and 45 years old.

• The surrogate mother should have had an uncomplicated pregnancy, with a limit of fewer than five vaginal deliveries and no more than two cesarean sections.

• The surrogate mother must live in a healthy environment and have a lifestyle free from drug or alcohol abuse.

• The surrogate mother must undergo various tests, including a mental health assessment, sexually transmitted infection testing, and a comprehensive physical test.

Since there is no federal law regulating surrogacy in some countries, parents seeking this option may still need to go through the adoption process to legally claim custody of the child. In some cases, detailed contracts are required, especially in situations involving multiple pregnancies.

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