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What is fertility tourism, and why should you avoid it?

On Behalf of | Aug 30, 2024 | Reproductive Law

“Fertility tourism” is on the rise. Hopeful parents who are struggling with infertility have increasingly been looking outside of the United States for their needs. 

While this option does seem attractive to many, especially with the rising cost of medical services in this country, fertility tourism is not without its issues. For that reason, it’s important to consider the negatives and understand more about your domestic options.

There are multiple reasons that reproductive tourism is happening

Whether couples are seeking in vitro fertilization (IVF), egg donation, surrogacy or other assisted reproductive technologies (ART) – or even adoption – the reasons they’re going outside the country can vary. Often, it’s a combo of:

  • Lower costs, which can make the uncertainty of success more manageable
  • Availability, which is a problem for couples in states where procedures or contracts are restricted or heavily regulated (or even illegal, in some cases)
  • Shorter wait times, especially for couples who feel like they cannot put off the process any longer 
  • Confidentiality, since some couples feel that handling everything out of the country will guarantee privacy for their family

However, fertility tourism can be legally and physically risky. It’s often discouraged because contracts involving surrogacy or egg donation made outside the U.S. may not be enforceable back home if the donor or surrogate changes their mind. That can lead to protracted custody battles and heartache. 

There are also ethical considerations that have to be considered. Many feel that impoverished women in countries without strong regulations on these issues are being exploited.

Hopeful parents should never try to “go it alone” and take matters into their own hands without experienced legal guidance. Whatever steps you ultimately take, it’s smart to be informed so that you have the best possible chance of success.

 

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