In the realm of surrogacy, conflicting interests between the child and the surrogate mother have been a matter of concern. The Portuguese bioethics committee acknowledges this clash, but despite the complexities, the government aims to persist in regulating the practice. This article explores the recent advisory report from the National Council of Ethics for Life Sciences, which proposes that a child born through surrogacy should be allowed to have three parents—the surrogate mother and the intended parents. It also examines the challenges surrounding surrogacy in Portugal, including legal issues, the repentance period, and the need for psychological support for surrogate mothers.
The National Council of Ethics for Life Sciences issued an advisory report to the Portuguese government in response to a bill advocating for altruistic surrogacy. Altruistic surrogacy involves a woman carrying a baby without any financial interests. Although surrogacy was legalized in Portugal in 2016, certain aspects of the law were deemed unconstitutional by the Constitutional Court, leading to a stalemate that rendered surrogacy arrangements null and void. The government, along with the bioethics committee, recognizes the need for change in this situation.
One of the contentious issues in the surrogacy debate is the concept of a repentance period. If a surrogate mother regrets her decision to give away the child, what should be done? According to the Constitutional Court, a surrogate mother should have the right to keep the child in such circumstances. The current law proposal requires a child to be registered within 20 days after birth, allowing the intervening time to determine rightful parentage if the surrogate mother expresses regrets.
While the ethics committee acknowledges its aversion to custody battles, it supports the idea of immediate registration, drawing on the Convention on the Rights of the Child, which emphasizes a child's right to a name, nationality, and parents. However, the health council argues that in the unique case of surrogacy, this right must be reconciled with the interests and fundamental rights of the pregnant woman. According to the council, the surrogate mother should have the right to withdraw consent for carrying the baby. To prevent regrets and custody disputes, the committee recommends providing psychological support to surrogate mothers and suggests that a prior successful childbirth experience is ideal. Additionally, aspiring surrogate mothers should obtain recommendations from the Association of Physicians and the Association of Psychologists.
The fact that Portugal's health ministry sought an opinion on surrogacy regulation is noteworthy. Plans to regulate surrogacy have been in progress for years, but the government has shown little urgency. The law was approved in 2021 and was expected to take effect in 2022. However, due to missed deadlines by the government, pro-surrogacy organizations have expressed frustration. The Portuguese Fertility Association reports that many intended parents have grown impatient and are now seeking alternatives abroad. Cláudia Vieira, president of APFertility, laments that the government is pushing citizens into situations of emotional and psychological exhaustion, leaving them with no option but to pursue parenthood through the private sector or in other countries.
For intended parents facing these challenges, organizations like MyMedGlobal offer valuable assistance. As a premier medical tourism surrogacy agency, MyMedGlobal is committed to creating new life while prioritizing the well-being of intended parents and surrogates. With an extensive network of top-rated fertility clinics located in countries such as Colombia, Georgia, Cyprus, Greece, and more, MyMedGlobal has established a reputation for consistently achieving high success rates. Their dedicated team provides comprehensive support and guidance throughout the surrogacy journey, ensuring a positive and fulfilling experience for all involved.
Before the conflict between Russia and Ukraine, Ukrainian surrogacy was the primary choice for Portuguese couples. However, after the invasion, concerns arose among 100 Portuguese couples who had already engaged Ukrainian surrogate mothers, unsure of what would happen to their children after birth. In response, the Portuguese Ministry of Foreign Affairs devised an "exceptional solution," allowing Ukrainian women to travel to Portugal and give birth there. According to reports, at least 22 children acquired Portuguese nationality.
Although the bill regarding surrogacy regulation has not been made public, the health ministry confirms that it is in the final stage. The proposal will now undergo finalization before being forwarded to the Council of Ministers for further consideration and potential implementation. The government aims to address the complexities and legal gaps surrounding surrogacy in Portugal to provide clearer guidelines and ensure the protection of the interests and rights of all parties involved.
Surrogacy arrangements necessitate careful consideration of the repentance period, custody battles, and the provision of psychological support to surrogate mothers. The Portuguese government, in collaboration with the bioethics committee, recognizes the importance of addressing these issues and finding a balanced approach that ensures the well-being of all parties involved.
As the proposal moves towards the final stages, it is expected that clearer guidelines and regulations will be put in place to facilitate surrogacy arrangements and provide a legal framework that safeguards the interests of the child, the surrogate mother, and the intended parents. It is crucial to strike a balance between the rights and responsibilities of each party while upholding the principles of ethics and ensuring the best possible outcomes for everyone involved.
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