In the realm of assisted reproduction, individuals or couples facing infertility often consider surrogacy as an option. However, Finnish authorities strongly advise against pursuing surrogacy arrangements abroad due to significant risks and uncertainties. This article explores the legal complexities and potential challenges associated with international surrogacy.
Understanding Surrogacy
In this process, when a woman carries and gives birth to a baby with the intention of giving the child to another person or couple, known as the intended parents (IPs), however, in Finland, surrogacy arrangements, including medical examinations and treatments associated with surrogacy, are prohibited, even if conducted abroad
Challenges Associated with Overseas Surrogacy Arrangements
Explore the risks and complexities involved in pursuing surrogacy abroad.
- Legal Uncertainty: Overseas surrogacy raises questions about parental rights and responsibilities under family law, leading to potential complications.
- Lack of Assurances: Guaranteeing the surrogate mother’s cooperation or the child’s entry into Finland presents significant uncertainties in the process.
- Psycho-social Impact: The long-term effects of surrogacy on a child’s well-being are not well-researched, posing challenges in addressing potential psycho-social implications.
- Exploitation Risks: Concerns exist about the motivations of surrogate mothers and the potential for exploitation or involvement in trafficking-like situations.
- Healthcare Challenges: Access to adequate healthcare services for surrogates and children in foreign countries may be lacking, compounding the associated risks.
- Legal Complexity: Variances between Finnish and foreign laws can affect the child’s legal status, complicating the process of establishing legal parenthood in Finland.
- Parental Recognition: Finnish laws, such as the Paternity Act and the new Maternity Act, have implications for recognizing legal parenthood in cases of overseas surrogacy.
Recognizing Foreign Maternity Decisions in Finland
Understand the conditions for recognizing maternity decisions in Finland.
- Eligibility Criteria: Finnish law requires that the intended mother must have resided in the issuing country for at least one year before the child’s birth.
- Alignment with Laws: Consequently, the foreign decision must comply with the laws of the country where the intended mother resided continuously for at least one year before the child’s birth.
- Legal Implications: Failure to meet these criteria could result in the necessity of a legal transfer of maternity through adoption under Finnish law.
Finnish authorities Stances
They strongly discourage pursuing surrogacy arrangements abroad and do not offer legal advice in advance for individual cases. Each case undergoes independent evaluation due to the complexities and potential legal challenges involved.
Surrogacy abroad is a complex journey with legal, psycho-social, and healthcare uncertainties. The cautious stance of Finnish authorities highlights the importance of careful consideration and awareness of associated risks. Those considering surrogacy should evaluate these factors thoroughly and seek legal guidance to navigate international surrogacy laws effectively.