Surrogacy laws as rules are designed to protect women from exploitation and were born out of regard for the biological fathers as well as the birth mothers. Today, cases that shape the laws beg the question whether a contract or deal can be binding and can a female sign a deal for custody not yet conceived with informed consent. Also, can money be given to a female for the services of reproduction, but not for the final product of surrogacy? These problems are morally and legally bewildering at best and while legislative authority drops every thing to keep up with the ever changing needs of reproduction and its supporters, many countries are left with laws that want the parents to rake over their own child and other acts which seem to compose very little wisdom at first blush.
There is not both the legislation and the approved policy concerning surrogacy laws in most countries. The question of general surrogacy laws was considered in the Council of Europe, but only at a level of the separate states. There are complex legal questions connected to the issue of alternative reproduction technology and that is reflected in the variety of approaches to this problem on the part of the regional organizations and the national states.
The adopted national surrogacy laws and policy vary from an absolute prohibition of surrogacy up to the establishment of the complex legal base that was called on to account the rights and the interests of all parties.
In connection with the different moral, legal, and religious aspects of the given question, national legislators and a policy of most of the countries limit surrogacy. In some counties like France and Germany, it is forbidden completely. In other countries, only commercial agreements on surrogacy are forbidden and the consideration of judicial claims under some agreements is not supposed. Such situations are in Canada, Israel, Great Britain, and Australia. Lastly, the third countries limit the use of reproductive technologies in connection with surrogacy. These countries are Denmark, Norway, and Sweden.
Of course, conception in a test tube or other experimentation with human genetic materials transforms children into goods that can be bought and sold on the open market. This creates a situation in which rich people can employ women for child bearing. Therefore motherhood becomes contractual work in which the aspiration of personal benefit prevails. There is no sense of forbidding surrogacy with surrogacy laws. It is possible that such a situation as what happened with abortion will happen in these countries. If it is impossible legally, surrogacy and abortion will be conducted in secret. This means that every third woman will die after such an operation.
The main risk for a married couple will be when a surrogate mother will change her mind and doesn't wish to give the child up after its birth. In the United States, Surrogate mothers give birth to 600 to 1000 children by some estimation. The director of a surrogacy clinic in New York claims that less than one percent of mothers change their minds.
Therefore, if you can't have a baby, there are many ways to get a child. For example, there is surrogacy and adoption. But, most countries have no surrogacy laws yet.