Is Surrogacy Legal in Peru? Understanding the Legal Landscape
Surrogacy is a topic of growing interest among many couples who face challenges in conceiving naturally. However, when it comes to surrogacy in Peru, the legal landscape is both complex and ambiguous. If you’re considering surrogacy in Peru, it’s crucial to understand the current legal framework—or lack thereof—governing this practice.
The Legal Ambiguity Surrounding Surrogacy in Peru
Peru does not have an explicit regulatory framework that either recognizes or prohibits surrogacy. This legal gray area is primarily shaped by Law 26842, the General Health Law. Specifically, Article 7 of this law implies a restriction on surrogacy, stating:
“Every person has the right to seek treatment for infertility and to procreate through the use of assisted reproduction techniques, provided that the genetic mother and the gestational mother are the same person. For the application of assisted reproduction techniques, prior written consent from the biological parents is required.”
This clause essentially restricts surrogacy by requiring that the woman who carries the child (the gestational mother) must also be the genetic mother. However, despite this implied restriction, surrogacy has occurred in Peru, with intended parents and surrogacy agencies often finding ways to navigate around the law.
How Surrogacy Has Been Practiced in Peru
In practice, some heterosexual couples in Peru, unable to conceive on their own, have turned to surrogacy. The process typically involves a surrogate mother carrying the biological child of the intended parents. However, because Peruvian law recognizes the woman who gives birth as the legal mother, the baby is initially registered under the surrogate’s name alongside the biological father’s.
To resolve this, the biological parents would later adopt their own child through a legal process. This workaround has allowed surrogacy to occur despite the lack of clear legal recognition.
The Risks and Challenges
One high-profile case highlighted the potential risks involved in surrogacy in Peru. A Chilean couple who had their biological child carried by a surrogate in Peru faced significant legal challenges when they attempted to bring their child home. Peruvian authorities detained the couple on suspicion of human trafficking, and it took time and legal intervention to prove the child was indeed their biological son. This case underscores the potential legal complications that can arise due to the absence of clear surrogacy laws in Peru.
Safer Alternatives for Surrogacy
Given the legal uncertainties surrounding surrogacy in Peru, many intended parents are exploring surrogacy options in countries with more established legal frameworks. Countries like the United States, Canada and Mexico offer clearer and more secure surrogacy processes. For those from Peru, Mexico and Canada present the most cost-effective and viable options for surrogacy.
Conclusion
While surrogacy is not explicitly illegal in Peru, the lack of a clear legal framework makes it a risky option for intended parents. The potential legal challenges, including issues of parental recognition and custody, can complicate what is already a delicate and emotional process. For those considering surrogacy, exploring options in countries with well-established legal frameworks is highly advisable.
If you’re looking for more secure and legally supported surrogacy options, Surrogacy Lawyer Mexico offers the legal process for a surrogacy journey in Mexico which are worth considering. This destination offers clearer pathway to parenthood through surrogacy, ensuring that your journey is as smooth and safe as possible.
