Document Type : Review

Authors

1 Faculty of Medicine, Kurdistan University of Medical Sciences, Sanandaj, Iran

2 Department of law, Sanandaj branch, Islamic Azad University, Sanandaj, Iran

3 Student Research Committee, Kurdistan University of Medical Sciences, Sanandaj, Iran

4 Department of Orthopedics, School of Medicine, Kerman University of Medical Sciences

5 Student Committee of Medical Education development, Education Development Center, Kurdistan University of Medical Sciences, Sanandaj, Iran

Abstract

Based on the World Health Organization (WHO) report, about 17.5% of the world population experiences infertility. Some assisted reproductive methods for addressing infertility are well-established, and donation is one such method. Surrogacy, a form of donation, provides an option for parents facing various reproductive challenges to have children. Various countries, based on their culture, beliefs, and socioeconomic status, use two main types of surrogacies: traditional and gestational. We conducted a comprehensive search induced in PubMed, Scopus, and Web of Science from 2000 until 2024 with keywords including "surrogacy," "legal," and “ethic” done. All results were screened, and appropriate texts were included in the study. While some countries have legislation covering one or both types of surrogacy, others have made it illegal. In this study, we analyzed the legal status of surrogacy in 28 countries from five continents. In addition to examining the legal frameworks, we explored the ethical challenges associated with surrogacy. These challenges included risks related to delivery and pregnancy for the surrogate, exploitation, autonomy issues, psychological problems for all parties, the sense of confusion and disparity experienced by the child, child rights, intra-familial sex cell donation, and gender discrimination. These problems can have detrimental effects on surrogacy practices, potentially reducing the effectiveness of this reproductive method. Thus, there is a pressing need for international regulations to address these issues, mitigate risks for surrogates and intended parents, and reduce disputes among all parties involved.

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