First, a surrogate mother in Romania can be defined by two terminologies, perhaps precisely because this issue is not regulated by law. In fact, a surrogate mother represents a surrogate mother, a woman who is implanted with a zygote (egg) resulting from the fertilization of an egg and a spermatozoon, cells that have nothing in common with the woman who will carry the pregnancy. In addition, the surrogate mother (because the surrogate mother in Romania represents something different from the mother in maternity) is also the mother who, since pregnancy, finds a family that aspires to adoption and is the adoption system, the real mother who not only declares that the father of the child is different from the real one, But she also presents a different identity document. How do these declarations work? Well, hospitals, especially public hospitals, are not police stations, that is, no one takes the personal data of the pregnant woman very seriously, and whoever is declared the father of the child is considered good. As a rule, the situation of resorting to a surrogate mother arises when a woman cannot maintain a pregnancy at least until viability and involves the collection of a number of 3-5-7 eggs fertilized in vitro with sperm derived from the partner`s prepared sperm – followed by the introduction of the zygote at a certain stage of development (usually in the morula stage = 16-32 cells). in the uterine cavity of the surrogate mother. Thirdly, the services include full legal aid in proceedings. Ukraine has developed a system of protection of the rights of genetic parents at several levels, which allows you to become parents legally, quickly and without unnecessary worries and feel protected. The desire to have children can lead infertile couples to resort to a controversial technique: that of the surrogate mother. Although this method is successfully practiced in other countries, no clear law has been adopted in Romania.

But it was also an attempt with us. In 2012, former senator György Frunda submitted a bill to the government giving infertile couples and single women the right to use the services of a surrogate. However, the law remained in the drawers of parliament. Second, a second particularly important classification distinguishes commercial substitutes from altruistic or non-economic substitutes. In order to avoid using this medical alternative for financial reasons, the bill stipulates that the only compensation that the surrogate mother can receive from the parents on the basis of the contract concluded is the reimbursement of medical expenses of the gestational period and material compensation in the amount of 5 meal vouchers per day for each day of pregnancy and Lausia. In a trial opened in June 2020 before the court of Targu-Mures, a man from Mures sued the mother of his twins, asking the court to order the exercise of parental authority over the girls, aged one month at the time of the opening of the trial, in his exclusive favor. In the end, I found a woman willing to give birth to the child for journalists, who pretended to be a couple who cannot have children naturally, but only by turning to a surrogate. Even for a modest fee, the child should receive a birth certificate directly in our name. She talked less, and all the details, from the price to the medical or legal details, came from her husband, who was much older than her. Radu Vladăreanu, gynaecologist: “Surrogate means that a woman is carrying a child from another couple. Whether it is this woman, this pregnant woman will carry a baby that comes from her eggs, but someone else`s sperm, in other words, she donates her eggs at the same time, the procedure is over. and the embryo is also fertilized by it, which bears responsibility for it.

This procedure is not at all properly legalized and it is not a country where you can do it easily. It is not forbidden and as such it is “allowed”, in quotation marks “I am looking for a surrogate, I give her everything she needs, but I ask for seriousness. Only women who do not get pregnant due to medical problems can turn to a surrogate. This is simply not an option. Issues that prevent pregnancy include: The bill defines the concept of “surrogate mother”, emphasizes the idea of one`s own will and “full knowledge of the facts,” but also establishes the conditions under which a family can turn to the surrogate. These are medical – “diagnosed infertility or cases where it aims to prevent the transmission of a disease to the child” – but also legal – “both parents must never have been deprived of their parental rights”. A condition is also that the age of the surrogate mother is between 18 and 45 years. And on the moral aspect, it is clearly indicated: “The act of donation is voluntary, free and carried out in accordance with the law”. But, Racoviceanu rightly writes, such a thing is “very risky, legal and emotional.” In his analysis, the journalist cites an example from 2014, when judges in Timisoara recognized a woman as the mother of the child born to her sister.

But even then, the case was lost on the merits, with the higher court finally accepting a strange reason: “the lack of reward” – “in this respect, it was in accordance with the rule of law and good morals,” reads the court`s reasoning. The surrogate mother or surrogate mother is a woman who, voluntarily and on the basis of a contract signed at the notary, agrees to carry a pregnancy and give birth to a baby for an infertile couple or woman. Thus, for 9 months, the surrogate mother will carry a baby conceived by both parents in the womb. Although it is a medical alternative that gives a chance to couples who cannot have children alone, this medical procedure is clearly prohibited by law in some countries such as France, Belgium, the Netherlands, Germany or Spain. In addition, the court decision rendered before the beginning of the entire process must clearly indicate that the baby born from the surrogacy program belongs to the parents concerned and not to the surrogate mother. In Romania, a doctor who agrees to participate in such an operation endangers his career. The coverage procedure would require “the surrogate mother to declare at birth that the `beneficiary` father is the father of the child and give him up for adoption as a mother, indicating that she consents to the father adopting the child with his partner.” Currently, the surrogacy program in Greece is only allowed for heterosexual couples and single women. The whole procedure begins with the appointment, consultation with the doctor and an initial diagnostic examination. Day together! After 4 IVF, I thought about turning to a surrogate. The doctor told me that the condition of my endometrium is not very good and that I cannot carry the pregnancy to term on my own. I`m desperate, I don`t know what to do.

I know that in some European countries, the legislation allows surrogacy. We think with the husband about choosing another country, where you can find a clinic that treats infertility or have replacement programs. Maybe someone has such experience, what would you recommend to me to start? Alecu Racoviceanu says that since “infertility tends to become a phenomenon”, this method has become a business. The price for a surrogate mother is between 24,000 and 49,000 euros, says the journalist and quotes the “leaflet” of such a clinic. According to specialists, there are two ways to have a child with the help of a surrogate, namely traditional surrogacy and surrogacy. “Although the defendant is not really the biological mother of the girls, the fact of her birth suggests that she is her mother, since there is no legal framework in Romania to legally regulate the pregnancy situation for another,” the man told the court. Traditional surrogacy describes the situation in which sperm are transferred to a woman during ovulation through intrauterine insemination, making her the biological mother of the child she is carrying. Therefore, the child born from the embryo obtained using the surrogate mother`s eggs and the father`s sperm will have half of the surrogate`s DNA.

Experts point out that traditional surrogacy is prohibited in Greece. The emotional part was not lacking in the discussion with the journalist, who presented herself as a mother of choice. Well-intentioned, Anca described that giving up the last hundred meters is painful for the couple, who wake up again in the situation of looking for another person to give birth to. Racoviceanu`s article informs us about the conditions under which Ukrainians work: the clinic finds the mother and promises that the child`s birth certificate will be made directly in the name of the beneficiary family. All legal, financial, medical and emotional details have been detailed by Anca. The phone call lasted 12 minutes and is worth listening to in its entirety. “The method is on the border of legality, it respects Ukrainian legislation, but it is very questionable in our country. From a legal point of view, in Romania, the solution of turning to a surrogate mother is quite confusing and leaves traces in the child`s civil status documents.