COMMERCIAL SURROGACY: VICTIMS OF GLOBALIZATION

The media and Hollywood celebrities, like Kim Kardashian and Jimmy Fallon, present
surrogacy as a wonderful and beautiful thing. Even Ben Shapiro said “surrogacy can be
useful and wonderful in some cases” when he spoke at this year’s March for Life. But I’m
happy to discuss what you won’t hear about in the media: the health risks to women, and to
the children to whom they give birth, of commercial contracted pregnancies.1

On October 8, 2015, an American surrogate mother named Brooke Brown died from
complications related to pregnancy. Brooke was a commercial gestational surrogate, not the
biological mother. She was being paid to carry twins for a couple from Spain, where
surrogacy is illegal. This had been an otherwise uncomplicated pregnancy; Brooke was just a
day away from a scheduled caesarian section. But then she suffered a complication, called
placental abruption (the premature separation of the placenta from the uterus), that proved
fatal. The twins died, too.2

Almost immediately after the loss of these three lives, women calling themselves Brooke’s
“Surro Sisters” set up a GoFundMe page in order to raise $10,000 for Brooke’s family;
although in the end they weren’t even able to raise $7,000.

Like any other pregnancy, surrogate pregnancies involve the same medical risks of carrying a
child and giving birth. These can include nausea from morning sickness, weight gain,
swelling, back pain, heartburn and other uncomfortable side effects. Some more serious side
effects are conditions that can develop during the pregnancy like gestational diabetes,
hypertension or potential damage to your reproductive organs.3

As with any pregnancy, there is also the risk of a surrogacy miscarriage or preterm labor.

With gestational surrogacy, there are also some minor medical risks associated with IVF
treatments. Because you do have to take medicine for IVF with surrogacy, including injecting
yourself with fertility medications at home, you can expect anything from slight needle
bruising to temporary allergic reactions. As you take medicine to regulate your menstrual
cycle and increase your chances of becoming pregnant, you may also experience increased
pre-menstrual syndrome effects, like headaches or mood swings. 4

Success rate :-

According to the U.S. Centers for Disease Control and Prevention, surrogacy has the highest
rate of success of any fertility treatment. The CDC reports in vitro fertilization (IVF) with a
donor egg has a success rate of 52%. Higher still is the rate of success with a surrogate.
Fertility centers in the US have a surrogacy success rate of about 75% and that number can
increase as high as 95% for a birth once the gestational carrier is pregnant. And success is
seen in the growth rate of surrogacy. The CDC reports that a gestational carrier was part of
5% of all embryo transfers in 2019, up from barely 1% a decade ago.5

In the United States, the Centers for Disease Control and Prevention (CDC) calculates
success rates for various fertility clinics and assisted reproductive technologies (ART). The
CDC monitors ART using a system called the National Assisted Reproductive Technology

1
https://www.thepublicdiscourse.com/2019/05/52239/
2
https://www.legalizesurrogacywhynot.com/brooke-brown-story
3
https://surrogate.com/surrogates/pregnancy-and-health/emotional-and-medical-risks-of-surrogacy/ para 5
4
https://surrogate.com/surrogates/pregnancy-and-health/emotional-and-medical-risks-of-surrogacy/ para 7
5
https://www.conceiveabilities.com/about/blog/understanding-surrogacy-success-rates
Surveillance System, or NASS 2.0, for every cycle performed in the US. IVF clinics in the
US have a surrogacy success rate of about 75%. Once the surrogate is pregnant, the
success rate for a healthy birth is as high as 95%. Still, the Society for Assisted Reproductive
Technology (SART) notes that “success varies with many factors.” 6

Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and give birth
to a child on behalf of another person or couple after the child is born the
custody/guardianship to the intended parent/parents. Surrogacy got legalized in 2002. A
report by the Confederation of Indian Industry estimates the practice will generate $2.3bn a
year by 2012 but study backed by the United Nations in July 2012 estimated the business at
more than $400 million a year, with over 3,000 fertility clinics across India.7
Indian society being a traditional country have an orthodox to even consider that their
wife/daughter-in-law is medically unfit to conceive leading to lot of divorces but with more
clarity on surrogacy and other remedies have lead to be more accepted and broad minded
and The biggest impact in India which lead to increased international confidence for going
surrogacy in India was after the Supreme Court of India in 2008 held surrogacy permissible
in India after Manji's case8. Along with business and foreign currency inflow it has also led to
crimes arising against woman because of new opportunities for excited couples (domestic and
international) looking forward to become surrogate parents lead to increase in demand of
healthy fertile females which have also led them to become surrogate mother against their
choice due to the family pressure just for the sake of the money to provide for family leading
to lot of exploitation among these women as they were forcefully gotten pregnant in
unauthorized clinics who cannot protect themselves which also compelled Indian government
adopt regulatory guidelines aimed at rooting out illegal clinics and exploitation of surrogates
and even led to compel the government in 2015 to ban surrogacy for foreign nationals
outright.
Later on Under the new law, under section 40 any couple who initiates commercial surrogacy
shall be punished for the first offence with imprisonment upto five years and fine upto
Rupees five lakhs9 and for any subsequent offence with imprisonment upto ten years and
fine upto Rupees ten lakhs. According to THE SURROGACY (REGULATION) ACT, 2021
“altruistic surrogacy” is only valid with few exceptions, Indian couples opting for surrogacy
would be required to obtain “certificates of essentiality and proven infertility” demonstrating
that they have been married for five years, that they have no existing or surviving children,
and that at least one of the partners is infertile. The husband must be 26 to 55 years of age,
and the wife must be between 23 and 50. The surrogate would have to be married, be
between 25 and 35 years of age, and be a “close relative/friend” of the intending couple. She
would have to have a child of her own, and she can be a surrogate only once in her lifetime.
She, too, would have to obtain a certificate testifying to her mental and physical capacity to
be a surrogate.10

Which has also lead to complete abolishment of commercial surrogacy in India and only
valid form is “altruistic surrogacy” under which only medical expenses and other insurance
coverage for surrogate mother can only be provided to the surrogate mother

6
https://americanfertility.com/surrogacy-success-rate/
7
https://en.wikipedia.org/wiki/Surrogacy_in_India
8
Baby Manji Yamada vs Union of India (AIR 2009 SC Page 84)
9
https://prsindia.org/billtrack/the-surrogacy-regulation-bill-2019
10
https://undark.org/2019/11/07/india-commercial-surrogacy-ban/
CHINA

Surrogacy is also a type of ART that single women may resort to in procreation. Chinese
approach toward surrogacy is clear. ART clinics are prohibited from carrying out surrogacy
by the NHC regulations and surrogacy agreements are held illegal, void, and unenforceable
by Chinese courts. Surrogacy is not included in this research and the complexity of this issue
may well justify a separate research. For a detailed discussion on surrogacy in China, see
Chunyan Ding, Surrogacy Litigation in China and Beyond, 2 J. L. Biosci. 33 (2015);
Yongping Xiao, Jue Li & Lei Zhu, Surrogacy in China: A Dilemma between Public Policy
and the Best Interests of Children, 34 Int. J. Law Policy Fam 1 (2020).11

Chinese law neither generally prohibits nor expressly permits surrogacy. There are no
specific rules governing surrogacy except four relevant provisions set forth in three sets of
departmental rules made by the Ministry of Health. 12 Specifically, article 3 of the 2001
Administrative Measures for Assisted Human Reproductive Technology (人类辅助生殖技术
管 理 办 法 ) prohibits medical institutions and medical staff from performing any form of
surrogacy procedures; article 22 states that any violating medical institution shall be warned
and fined no more than 30,000 yuan and the relevant responsible personnel shall be subject to
administrative sanctions, and when committing a crime, shall be subject to criminal
liabilities.13

Why China keeps surrogacy a grey area

Despite ban, one agency in Shanghai has seen 10,000 babies born The possibility of China
legalising surrogate births has been a hot topic on the mainland this year, even though the
government appears reluctant to address the matter.14

Medical institutions and staff on the mainland were banned from carrying out “any form of
surrogacy” by a Ministry of Health regulation issued in 2001, but experts and industry
players say it operates in a de facto grey area, with law enforcement agencies frequently
looking the other way.

As a result, the surrogacy business has been booming. One of the biggest agencies, Shanghai-
based AA69 has seen 10,000 babies born via its service since its launch in 2004. Customers
pay about 1 million yuan (US$145,400) for a baby delivered by a surrogate mother, China
Newsweek magazine reported in February.

CASE LAWS (For your reference)

11
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8109229/ para 15
12
The Ministry of Health was re-structured and re-named as the National Health and Family Planning
Commission in 2013.
13
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5033554/
14
https://www.scmp.com/news/china/society/article/2083072/why-china-keeps-surrogacy-grey-area
Case 1: The defendant's wife was infertile and the couple agreed to have a child through
surrogacy. A surrogacy agency introduced the plaintiff to the defendant in August 2002. The
plaintiff knew that the defendant was married. They then cohabited in the premise of the
defendant's factory. On December 14, 2003, the plaintiff gave birth to a male child for the
defendant. On January 3, 2004, the defendant paid 70,000 yuan to the plaintiff, who returned
a receipt of the surrogacy fee payment. The family of the defendant had taken care of the
surrogate child since his birth. Later the plaintiff sued the defendant, claiming sole care and
control of the child.15

Case 2: The defendant's wife was infertile and the couple agreed to have a child through
surrogacy. In 2004, a third party introduced the plaintiff to the defendant. They orally made a
traditional surrogacy contract and agreed on a surrogacy fee of 150,000 yuan. The defendant
provided an accommodation for the plaintiff for the purpose of surrogacy. In 2005, the
plaintiff gave birth to a male child for the defendant. In December 2007, the plaintiff entered
into a written surrogacy contract with the defendant and his wife. The written contract stated
that the plaintiff voluntarily carried a child for the couple and the defendant promised to pay a
surrogacy fee of 150,000 yuan. It further prescribes that the defendant should pay 100,000
yuan at the time of making the contract and pay the outstanding balance 50,000 yuan within
five months from the date of the contract, and that the plaintiff should hand the child and his
medical birth certificate ( 出生医学 证明) issued by the hospital over to the defendant and
move out of the defendant's premise after receiving the payment of 100,000 yuan. However,
the plaintiff brought the child back to her hometown with an excuse in April 2008 and
completed the household registration.16 for the child at her hometown, which led to the
defendant's suspicion in the plaintiff's attempt to keep the child. The defendant thus brought
the child back to Nanning, the city where he lived, after paying off 50,000 yuan to the
plaintiff. Later the plaintiff initiated an action against the defendant, claiming sole care and
control of the child.17

Case 3: The plaintiff and his wife lived abroad and could not have their own child for years.
The plaintiff paid over 200,000 yuan to a surrogacy agency, which arranged a gestational
surrogacy by the twenty-three-year-old defendant in Guangdong Province. The embryo was
created with the plaintiff's sperm and a donor's egg. In May 2009, the defendant gave birth to
a male child and handed the child over to the plaintiff. The plaintiff planned to bring the child
abroad; however, he had no official document to prove his parenthood of the child.
Therefore, the plaintiff initiated an action, requesting the court to confirm his parenthood and
sole care and control of the child, so that he could use the judgment as the child's identity
evidence to support the immigration application on behalf of the child.18

Case 4: The plaintiff got to know the defendant in 2005. They agreed on traditional surrogacy
and cohabited in a rent flat. The defendant paid all living expenses for the plaintiff. In
November 2006, the plaintiff gave birth to a male child but she refused to relinquish the
surrogate child to the defendant. In May 2007, the defendant took the child away from the
plaintiff by force. They continuously quarreled over this matter until the plaintiff sued the
defendant to claim sole care and control of the child and request the defendant to pay
maintenance fees for the child.19

15
Deng Lizhen v. Tan Yongjian [case docket number: (2004) 佛中法民一终字第 778 号]
16
Kam Wing Chan, The Household Registration and Migrant Labor in China: Notes on a Debate 36 population
dev. rev. 357, 357–358 (2010).
17
http://www.gxnews.com.cn/staticpages/20080913/newgx48cb0c3f-1664889.shtml
18
Zhou Bin, Somebody Tried to Confirm the Surrogate Child's Identity through Litigation (有人试图以诉讼确
认婴儿身份), legal daily (法制日报), Mar. 30, 2010, at p005.
19
Battle for Sole Care and Control of an Illegitimate Child and the Mother Awarded Sole Care and Control by
the Court (非婚生子争抚养权 法院判令归母亲抚养) (the case database of PKULAW).
Case 5: The defendant's wife was infertile. The couple agreed to have a child through
traditional surrogacy. The twenty-five-year-old plaintiff, as surrogate mother, was introduced
to the defendant by a third party. According to their surrogacy contract, the plaintiff agreed to
bear a child for the defendant, and in return, the defendant would pay the plaintiff a service
fee of 60,000 yuan. The plaintiff gave birth to a male child one year later. The defendant and
his wife surreptitiously took the child away and disappeared after successfully applying the
child's medical birth certificate in their own names as biological parents, using their own birth
permit. Therefore, the plaintiff sued the defendant and claimed the service fee of 60,000 yuan
promised by the defendant under the surrogacy contract. The court refused to accept the case.
The plaintiff later changed the cause of action to a claim of sole care and control of the
child.20

Case 6: The plaintiff's son had prematurely died years ago and his wife was no longer fertile.
On September 8, 2006, the plaintiff got to know the defendant and they entered into a
surrogacy contract, under which the plaintiff promised to pay 40,000 yuan as consideration
for the defendant's carrying a child for the plaintiff within one year. On September 29, 2006,
the plaintiff paid the defendant 20,000 yuan. Because the defendant had not become pregnant
within six months, the plaintiff requested her to return the paid 20,000 yuan. The defendant
rejected. Later the plaintiff sued the defendant, claiming the return of 20,000 yuan. 21

Case 7: The plaintiff and his wife had had no child for years and decided to have a child
through gestational surrogacy. In May 2008, the plaintiff got to know the thirty-year-old
defendant after posting a surrogacy advertisement on a Chinese website. They immediately
met and signed a surrogacy contract, which prescribed that the plaintiff would assume all of
the defendant's expenses associated with surrogacy and additionally pay the defendant a
surrogacy fee of 100,000 yuan, and that the defendant agreed to relinquish the surrogate child
to the plaintiff after birth. The plaintiff fertilized a donor's egg through in vitro fertilization
and the embryo was placed into the uterus of the defendant in a hospital. In March 2009, the
defendant gave birth to a male child but she refused to hand the child over to the plaintiff.
After unsuccessful negotiation, the plaintiff sued the defendant in July 2010, claiming
parenthood and sole care and control of the child.22

Case 8: The defendant signed a surrogacy contract with the plaintiff introduced by a
surrogacy agency on January 1, 2010. They agreed that the plaintiff would undertake
traditional surrogacy, and in return, the defendant would pay her a remuneration of 160,000
yuan. On May 25, 2011, the plaintiff gave birth to a male child. The defendant paid off the
remuneration as well as the reimbursement of the associated expenses, which were totally
180,000 yuan as of June 3, 2011, and then took the child away on the same day. The
defendant disallowed the plaintiff to visit the child. Therefore, the plaintiff sued the defendant
on September 29, 2011. Although she had no dispute over the defendant's sole care and
control of the child, she requested the court to allow her to visit the child for two days every
month.23

Case 9: The plaintiff and the defendant got to know each other in 2001. They cohabited after
making an oral surrogacy contract. The plaintiff gave birth to male twins for the defendant on
June 5, 2004. The defendant paid the plaintiff an amount of surrogacy fee in return. The
defendant had been awarded sole care and control of the twins in another separate lawsuit.
However, they disputed over the plaintiff's visitation right for many times. In July 2012, the
20
http://www.dahe.cn/xwzx/dysj/dybd/t20100524_1807374.htm
21
Surrogacy Contract Is Invalid and the Plaintiff Started an Action to Claim the Restoration of the Payment (借
腹生子协议无效 诉至法院索要财产) (the case database of PKULAW).
22
http://unn.people.com.cn/GB/14778/21707/12468135.html
23
Chen Yumei v. Liao Dingxin [case docket number: (2012)
plaintiff sued the defendant, requesting the court to order the defendant to assist her visit to
the twins.24

Case 10: The child of the defendant was seriously injured in a car accident in 2004 and died
prematurely after three-year treatments. Because the defendant's wife was too old to bear a
child, the defendant entered into a surrogacy contract with the plaintiff introduced by a
surrogacy agency. The contract stated that the defendant would pay the plaintiff her living
expenses 5,000 yuan per month during the course of traditional surrogacy and would
additionally pay her 200,000 yuan after she handed the surrogate child over to the defendant.
The defendant subsequently increased the payment of living expenses to 15,000 yuan per
month and totally paid living expenses of more than 200,000 yuan. In March 2012, the
plaintiff gave birth to a female child. She refused to surrender the child to the defendant and
his wife. After several times of unsuccessful negotiation, the defendant stopped paying
maintenance fees for the child. The plaintiff sued the defendant, claiming a lump sum
maintenance fee of 640,000 yuan.25

No. Year Court Type Cause of action

Basic People's Court of Shunde District of Sole care and

1 2004 Commercial Traditional
Foshan, Guangdong Province control

Basic People's Court of Jiangnan District of

Sole care and
2 2008 Nanning, Guangxi Zhuang Minority Commercial Traditional
control
Autonomous Region

A basic people's court in Guangdong

3 2009 Commercial Gestational Parenthood
Province

Basic People's Court of Yujiang County of Sole care and

4 2009 Altruistic Traditional
Yingtan, Jiangxi Province control maintenance

Basic People's Court of Xingyang, Henan Sole care and

5 2010 Commercial Traditional
Province control

Basic People's Court of Shihe District of Breach of surrogacy

6 2010 Commercial Traditional
Xinyang, Henan Province contract

Basic People's Court of Dingcheng District Parenthood Sole

7 2010 Commercial Gestational
of Changde, Henan Province care and control

24
Yao v. Tan [case docket number: (2011)
25
Zheng Jinxiong & Yang Changping, Surrogacy Triggered Tug-of-love (‘请人代孕’引发抚养权争夺
战), people's court daily (人民法院报), Dec. 2, 2012, at p003.
No. Year Court Type Cause of action
Basic People's Court of Chengzhong
8 2011 District of Liuzhou, Guangxi Zhuang Commercial Traditional Visitation
Minority Autonomous Region

Basic People's Court of Pingnan County of

9 2012 Guigang, Guangxi Zhuang Minority Commercial Traditional Visitation
Autonomous Region

Sole care and

Basic People's Court of Siming District of
10 2012 Commercial Traditional control maintenance
Xiamen, Fujian Province

Table 1: General information on the sample surrogacy lawsuits.

China has been seeing an increasing infertility rate in recent years, jumping from 3 percent in
1995 to 16.4 percent in 2019, according to a report released by the Qianzhan Industry
Research Institute in February. From 2012 to 2018, the number of infertile people rose
rapidly from 40 million to 50 million, statistics show. 26

Countries Where Commercial Surrogacy Is Banned(for your reference):-

1) India

India is already on its way to imposing a blanket ban on and criminalising commercial
surrogacy.

Raising red flags on the impact of commercial surrogacy, doctors at AIIMS have published a
case of a 42-year-old woman who died in the 17th week of her pregnancy owing to a medical
history of tuberculosis, hydrocephalus and depression. The surrogate, carrying twins, was
referred to AIIMS in September 2018 from a private hospital for medical termination of
pregnancy (MTP).27

This is the first surrogacy related case that has come to light after India’s recent Surrogacy
(Regulation) Bill. It was reintroduced and passed in August 2019 in the Lok Sabha, the lower
house of the Indian parliament and, has put in place strict conditions on what constitutes legal
surrogacy in India. The Surrogacy (Regulation) Bill regulates altruistic surrogacy and
prohibits commercial surrogacy.28

2) Australia

Surrogacy is legal across most of Australia. Surrogacy must be altruistic (unpaid).

Commercial (paid) surrogacy is illegal. i.e., the surrogacy arrangement must be altruistic.
Commercial surrogacy is illegal in all States in Australia. This means the surrogate and her
partner cannot be paid for carrying a baby for someone else.29
26
https://www.globaltimes.cn/page/202103/1216975.shtml
27
https://indianexpress.com/article/cities/delhi/delhi-42-year-old-woman-who-died-is-case-study-against-
commercial-surrogacy-6042768/
28
https://gulfnews.com/world/asia/india/india-surrogates-death-leads-to-concern-over-exploitation-
1.1570016221013
29
sarahjefford.com/surrogacy-laws-in-australia/
In Australia, all jurisdictions except the Northern Territory allow altruistic surrogacy; with
commercial surrogacy being a criminal offense. The Northern Territory has no legislation
governing surrogacy. In New South Wales, Queensland and the Australian Capital Territory
it is an offence to enter into international commercial surrogacy arrangements with potential
penalties extending to imprisonment for up to one year in Australian Capital Territory, up to
two years imprisonment in New South Wales and up to three years imprisonment in
Queensland.30

3) Brazil:

Commercial surrogacy is not allowed in Brazil, as the Constitution prohibits the

commercialization of organs and tissues. For this reason, the surrogate mother cannot receive
any type of financial compensation for carrying the pregnancy to term. However, since there
is no specific law expressly prohibiting such a reproductive technique, surrogacy may be
performed altruistically.31

4) Canada:

Surrogacy is legal in Canada, however, compensated or commercial (for fee/profit) surrogacy

is prohibited. Under the Assisted Human Reproduction Act passed in 2004, a surrogate
mother may only be reimbursed for surrogacy/pregnancy related expenses. This form of
surrogacy is called "altruistic surrogacy". Although compensated or commercial surrogacy is
common throughout the United States, a surrogate mother in Canada cannot receive any sort
of wage or fee for carrying a child.32

5) People's Republic of China:

Surrogacy is forbidden by Regulation of human assisted reproductive technology law in

the People's Republic of China. The Ministry of Health has established "departmental rules"
which prohibit medical professionals from performing surrogacy procedures, with violations
punished by fines (but not criminal liabilities). In practice, surrogacy arrangements are
common in Mainland China with an underground market for commercial surrogacy estimated
to encompass between 400 and 500 agencies in 2012.33

6) Finland:

Surrogacy arrangements as an infertility treatment are prohibited in Finland. Medical

examinations and treatments aiming at surrogacy arrangements are also prohibited in Finland,
even if the arrangement itself would take place abroad.34

7) France

In France, since 1994, any surrogacy arrangement that is commercial or altruistic, is illegal or
unlawful and is not sanctioned by the law (art 16-7 of the Code Civil)35
30
https://en.wikipedia.org/wiki/Surrogacy_laws_by_country#cite_note-3
http://www.dcm.nt.gov.au/strong_service_delivery/supporting_government/register_of_legislation
31
https://babygest.com/en/surrogacy-in-brazil/#surrogacy-law-in-brazil
32
https://surrogacy.ca/surrogacy-in-canada/surrogacy-in-canada.html
33
https://pubmed.ncbi.nlm.nih.gov/27774179
34
https://um.fi/surrogacy-abroad
35
https://en.wikipedia.org/wiki/Surrogacy_laws_by_country#cite_note-29,
https://web.archive.org/web/20080629090905/http://www.legifrance.gouv.fr/html/codes_traduits/
code_civil_textA.htm#CHAPTER%20II%20%20THE%20OF%20RESPECT%20OF%20THE%20HUMAN
%20BODY9
 8) Germany

All surrogacy arrangements (both commercial and altruistic) are illegal. The German Free
Democratic Party wants to allow altruistic surrogacy.36

9) Hong Kong

Commercial surrogacy is criminal under the Human Reproductive Technology Ordinance

2000.37

10) Serbia

All surrogacy arrangements (both commercial and altruistic) are illegal. A draft of the new
civil law is said to allow surrogacy mother, but Serbian Assembly still did not adopt this law
yet. On 21 April 2017, the Serbian Assembly started a discussion a legislation on assisted
reproductive technology that bans all forms of surrogacy.38

11) Spain

Surrogacy in Spain is not legally permitted but fortunately we have alternatives that allow
intended parents to fulfill their dream of forming a family.39

12) Sweden

Surrogacy is illegal in Swedish healthcare, but there are no legal regulations/laws of

surrogacy for it and it remains unregulated.40

13) Switzerland

Surrogacy in Switzerland is strictly prohibited by law. On January 1, 2001, Switzerland

adopted the Law on Assisted Reproductive Technologies, which is one of the toughest in the
world.41

14) United Kingdoms

Surrogacy is legal in the UK, but if you make a surrogacy agreement it cannot be enforced by
the law.42

36
http://www.fd.ulisboa.pt/wp-content/uploads/2014/12/Codigo-Civil-Alemao-BGB-German-Civil-Code-BGB-
english-version.pdf
37
https://www.elegislation.gov.hk/hk/cap561
38
http://medbox.iiab.me/kiwix/wikipedia_en_medicine_2019-12/A/Surrogacy_laws_by_country
39
https://www.surrogacy365.com/destinations/spain/
40
https://www.theatlantic.com/international/archive/2017/03/left-wing-feminists-conservative-catholics-unite/
520968/
41
https://vittoriavita.com/surrogacy-in-switzerland/#:~:text=Surrogacy%20in%20Switzerland%20is
%20strictly,the%20toughest%20in%20the%20world
42
https://www.gov.uk/legal-rights-when-using-surrogates-and-donors#:~:text=Surrogacy%20is%20legal%20in
%20the,be%20enforced%20by%20the%20law.