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What are the legal risks of surrogacy in the United States? What are the consequences of abandonment? American lawyers s

2022-07-10 19:51 browse:

On the 18th, an entertainment gossip about a female star's "abandonment of surrogacy" once again put surrogacy in the United States on the hot search

At present, medical institutions and medical personnel are strictly prohibited from implementing any form of surrogacy technology in China

As a result, many Chinese people who are eager to have children choose to go to the United States for surrogacy

Lawyer Gu, a senior lawyer engaged in cross-border legal business between China and the United States, told the first financial reporter that years of experience showed that surrogacy in the United States was actually welcomed by many Chinese people

At the same time, he said that some domestic immigration agents had taken shares in a surrogate hospital in California

Lawyer Gu said that the larger group of Chinese surrogacy in the United States is homosexuals, followed by the rich, and then the working class

According to US media reports, in the United States, most of the surrogacy cases are unable to give birth due to related diseases

So, what are the risks that Chinese people may encounter in the process of surrogacy in the United States? If the party exposed in this incident has the idea of abandonment, will it violate the laws of the United States? Laws vary from state to state

In the late 1970s, commercial surrogacy was born in the United States

After decades of development, a "one-stop" industrial chain of commercial surrogacy has emerged in the United States, involving surrogacy agencies, hospitals, lawyers, psychological consultants, etc

In the United States, many surrogate agencies have a history of more than 20 years

According to lawyer Gu, the laws of each of the 50 states in the United States are different, and so is the treatment of "surrogacy"

In the past decade, some states with legal surrogacy in the United States, such as California, Nevada and Colorado, have received many rich customers from outside the United States

In some very conservative states in the southern United States, abortion is against the law

According to the first financial reporter, the states that explicitly prohibit surrogacy in the United States include New York, Indiana, Michigan, Louisiana, Arizona, etc; Clearly support surrogacy or "surrogate friendly" Among them, California is favored by Chinese surrogacy groups in the United States because there are rich Chinese resources there

However, Colorado and Nevada, the female star Zheng and her ex boyfriend Zhang, who chose to surrogate in this incident, are states that have no clear laws and set restrictions on surrogacy

Colorado is one of the States in the United States with fewer restrictions on abortion, and abortion can be performed at any stage of pregnancy

But the general hospital will recommend that the operation be carried out 20 weeks ago, otherwise it will cause great harm to pregnant women

Nevada expressly prohibits abortion after 24 weeks

In addition, lawyer Gu told the first financial reporter that, taking Nevada as an example, local people can find a surrogate mother to surrogate their children without registering marriage

In Nevada, Zheng and Zhang need to sign a "gestationalagreement" with the surrogate mother 。 Parents can change their minds before the surrogate becomes pregnant, but the surrogate may still be entitled to compensation

After the surrogate becomes pregnant, the expectant parents cannot change their minds and have the obligation to raise the dead child

As for the idea that the parties involved in this incident have abandoned or sent them to an adoption agency, lawyer Gu said that it mainly involves two levels: first, the criminal level; The second is the civil aspect, which depends on the case

"Similar to alimony, it should be paid

If the child is not seen for six months and the financial support is not provided, the court can decide that it is a 'crime of abandonment'

" He said

However, in some cases, the surrogate parties signed a contractual contract

Although there were provisions on "abandonment", the couple could not sue them for "abandonment" when they did not receive their children in the United States, and the children could only be sent to an orphanage

Lawyer Gu of risk geometry said: "the legal system here (in the United States) is very mature and basically has no problems

It is mainly health risks

" For example, the living habits of surrogate mothers seriously affect the quality of their children, he said

"Most surrogate mothers are low-income people

" "So smoking and drinking are not uncommon," he said He said that the living habits of some surrogate mothers often lead to the birth of children with various diseases

In one case he learned about, the surrogate mother gave birth to a child with Down syndrome, but according to the contract, the guest must also accept it and pay the full amount

In terms of fees, lawyer Gu said that a surrogate mother would charge about $40000 to $70000

"This is only the fee charged by the surrogate mother herself

" He said, "plus the costs of doctors and intermediaries, it is estimated that it will cost about 100000 to 150000 dollars

" However, lawyer Gu also said that due to the restrictions of the trump administration's exit and entry and immigration policies, the number of domestic surrogacy in the United States has decreased in recent years

According to the principle of place of birth of U

S

citizens, anyone born in U

S

territories and territories (including Puerto Rico, Guam, the U

S

Virgin Islands, the Northern Mariana Islands, etc

) can automatically become a U

S

citizen

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