News about surrogate motherhood has always been a hot topic in the Turkish media, whether it’s about Turkey’s celebrities who express a desire to have a child through a surrogate mother or unconfirmed reports that Kim Kardashian hired a surrogate mother to give birth to her third child. But the recent wave of news in the media regarding surrogacy is about the introduction of a draft law that would punish surrogate mothers with two to five years of imprisonment.
Under the present law, surrogate motherhood is in a gray area. The 282/1 article of the Turkish Civil Code says that the relationship between mother and child is established through birth. This means that surrogate motherhood “has no basis in Turkish law” and that the surrogate mother is the mother. Should a couple try to have a child by a surrogate mother, establishing parenthood becomes a legal muddle. In vitro fertilization, on the other hand, is possible, and there are regulations in the Turkish bylaws about Assisted Reproduction and Infertility Centers, which can be used by married couples only.
If they want to have a child through a surrogate mother, most Turks simply choose to go abroad and come back with a baby, which they have registered under the name of the genetic parents. There are numerous stories about couples who go to Northern Cyprus, Ukraine or Georgia, where surrogacy is legal. Allegedly, the price for the process varies from $40,000 to $70,000. A simple Google search results in a list of websites of companies that advertise surrogate motherhood as part of their services. Turkish media has in the past published some personal stories of women who decided to become surrogate mothers in Northern Cyprus, describing the process and explaining the uneasy choices and decisions.
But the new law, reported by Hurriyet journalist Meltem Ozgenc, aims to fill in the gray area and ban surrogate motherhood altogether, including abroad, by Turkish citizens. It also bans “mediation,” “assistance,” “encouragement” or “advertisement” for surrogacy.
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