Italy, Law, Lesbian, Same Sex

Italian authorities REFUSE to register the baby of a lesbian couple unless the mother pretends she had sex with a man

Source Daily Mail

A lesbian couple in Italy have been refused their request to register their baby unless the child’s mother pretends she had sex with a man.

Chiara Foglietta, from Turin, gave birth to a baby boy, Niccolo Pietro, last Friday after travelling to Denmark with partner Micaela Ghisleni last year to undergo artificial insemination treatment.

To the couple’s dismay, Italian law refuses to acknowledge the treatment for lesbian couples – only recognising its effects in heterosexual couples.

Italy has continued to ban several fertility treatments which have long been the norm in many other EU member states.

Despite legalising same-sex civil unions back in 2016 – the country is lagging far behind in its adoption of Europe-wide rights for same-sex couples.

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Law, Malta

Malta – ‘I had told Muscat I am against freezing, adoption of embryos, and surrogacy’ – Deborah Schembri

Source Independent

Former Parliamentary Secretary Deborah Schembri said she has always been against embryo freezing, embryo adoption and surrogacy and “Prime Minister Joseph Muscat knew (this) from day one.”

Last week Health Minister Chris Fearne presented in Parliament a number of amendments to the Embryo Protection Act. Schembri said that she is in favour with some of them and against in others.

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Law, Parental rights, Surrogacy, surrogate children, Surrogate Mother

‘Platonic’ couple can be joint parents

Source: The Times

Sir James Munby, the leading judge, said that a sexual relationship was not necessary for a marriage to be valid

A married couple in a sexless marriage because one of them is gay have been given the go ahead to be joint parents to a surrogate baby.

Britain’s leading Family Court judge, Sir James Munby, said it did not matter that the marriage was “platonic” or that they had separate homes.

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Gay Parenting, intended parents, Law, Parental rights, Same Sex, Surrogacy, Surrogacy Law, Surrogate Mother

Washington’s Uniform Parentage Act Signed Into Law

Source: The Seattle Lesbian

Law Bolsters Legal Protections for LGBTQ and Non-Biological Parents, Repeals Ban on Compensated Surrogacy, and Allows Regulated Surrogacy Agreements

Washington Governor Jay Inslee has signed into law Senate Bill 6037, which substantially updates and improves Washington’s version of the Uniform Parentage Act (UPA).

The UPA is the law that addresses how people are legally recognized as parents. This update strengthens protections for LGBTQ parents and non-biological parents, while maintaining the protections for rape survivors created by the 2017 Rape Survivor Safety Act.

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Employee Benefits, India, intended parents, Law, Surrogacy, Surrogacy Law, Surrogate Mother

Tribunal grants maternity leave to govt. servant who begot children through surrogacy

Source: The Hindu

Soibam Rocky Singh

The Central Administrative Tribunal has come to the aid of a woman, working in the Ministry of Law & Justice, who was denied maternity leave as she had begotten her children through surrogacy.

The Tribunal directed the Ministry to sanction 180 days of maternity leave to the woman citing three high court’s verdicts which have held that the commissioning mother is also entitled for grant of maternity leave.

The woman is working as a Personal Assistant in the Legislative Department, Official Language Wing of Ministry of Law & Justice. As she was unable to conceive due to medical issues, she entered into Gestational Surrogacy Agreement with another woman.

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Law, Sperm Donation, Sperm Donor

Judge Dismisses Third Sperm Bank Lawsuit Over Dodgy Donor

Source: Daily Report powered By Law.com

For the third time, a federal judge in Atlanta has tossed out claims against a Georgia sperm bank involving a donor it touted as a highly educated and multitalented but who was really a convicted felon with a history of mental illness.

The order issued Thursday by Northern District Judge Thomas Thrash Jr. closely mirrors two he issued last year, finding that Xytex Cryo International clients who bore children sired by the donor have no basis under Georgia law to sue for “wrongful birth.”

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Divorce, intended parents, Law, Same Sex, Surrogacy Law

U.S. Supreme Court rejects Tucson woman’s argument in gay marriage, child custody matter

Source: Tuscan.com

The U.S. Supreme Court this morning rejected a bid by a Tucson woman arguing that gay marriages are not legally the same as others, at least when it comes to divorce.

Without comment the justices rejected a bid by Kimberly McLaughlin to deny shared custody of her biological child with Suzan McLaughlin, who she was legally married to at the time of the child’s birth.

Keith Berkshire, Kimberly McLaughlin’s attorney, acknowledged to the justices that two prior rulings had said that all marriages are entitled to the same benefits.

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Gay Parenting, Law, Same Sex

For 3rd Time, ‘Presumption of Legitimacy’ for Same-Sex Couples Recognized

Source: New York Law Journal

A state appeals court in Brooklyn on Wednesday recognized the “presumption of legitimacy”—that a child born during a marriage is presumed to be the two spouses’ child—for a same-sex married couple that had been fighting to stop a male sperm donor from asserting parental rights to their daughter.

The ruling is the third time in the last five months that a state appeals court has made clear that New York’s family law presumption of legitimacy applies to same-sex couples—just as it does to heterosexual couples.

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Adoption, Gestational carrier agreements, Gestational surrogacy, intended parents, Law, Surrogacy, Surrogacy Law, Surrogate Mother

Racism, Blackmail, And Death: Iowa Supreme Court Makes Pro-Surrogacy Ruling In Tumultuous Case

Source: Above The Law

Let’s count this as an important half-victory for securing the rights of intended parents to enter into valid surrogacy agreements.

Last week, the Iowa Supreme Court ruled in favor of the intended parents in a surrogacy arrangement gone wildly wrong. The judgment finally secured the parental rights of an intended parent who was also the genetic father of the baby. The case also set a valuable precedent for enforcing surrogacy contracts in Iowa. Intended parents and gestational surrogates — as well as fertility doctors and assisted reproductive technology attorneys in the Hawkeye state — can all celebrate the new certainty and dependability of many of these arrangements. However, the decision left open the possibility that some parents may be left out in the bitter Iowa cold.

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Law, Same Sex, Sperm Donation, Sperm Donor, Surrogacy, Surrogacy Law, Surrogate Mother

‘My wife and my son are my family… but right now it’s like she doesn’t even exist’

Source: Her

Sarah and her wife, Geraldine, welcomed their gorgeous baby boy, Lochlan, in November.

Now three-and-a-half months old, their son is – of course – the apple of his parents’ eyes.l

Born at healthy 10lbs 4oz, it’s understandably been a blissful time for the Stone McDevitt family.

However, in the midst of their happiness is a pretty significant upset: despite being a married couple and co-parents, Ger’s name is notably absent from Lochlan’s birth cert.

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Law, Surrogacy, Surrogacy Law, Surrogate Mother

SB126: Bill to limit surrogate births stalls in committee

Source: The Daily Universe

SALT LAKE CITY — Lawmakers appeared to be swayed by Utah families — many with babes in arms — who urged lawmakers to reject changes to Utah’s surrogate birth laws. SB126, which would repeal protections and requirements for surrogate births in Utah, was stalled in committee on Feb. 7 The bill’s sponsor, Sen. Lyle Hillyard, R-Logan, sponsored legislation passed in 2005 making surrogate birth legal in Utah under certain conditions. Hillyard is sponsoring SB126 to repeal specifications and protections for surrogate births.

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Law, Surrogacy, Surrogacy Law, Surrogate Mother

Senator aims to repeal legal protections for surrogate births

Source:  St George News

With the issue now before the Utah Supreme Court of whether or not gay men should have the right to the same legal protections in surrogate birth arrangements as others have under Utah law, one senator wants to end those protections, at least for now, for all couples in order to keep a promise he made 13 years ago.

Sen. Lyle Hillyard, R-Logan, is seeking to pass a bill that would end legal protections for surrogate births | Profile photo via senate.utah.gov, St. George News Sen. Lyle Hillyard, R-Logan, is sponsoring a bill, designated SB 126, that would repeal Utah law on gestational agreements, law that came from a bill he sponsored in 2005.

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Ireland, Law, Same Sex

Ireland – Woman speaks of frustration as wife cannot be named on son’s birth cert

Source: RTE

A woman has spoken of her frustration at not being allowed to name her wife as a co-parent on their son’s birth certificate, despite legislation being in place for two years to enable same-sex parents to be named on such documents.

Sarah Stone-McDevitt told RTÉ’s Today with Sean O’Rourke that her three month-old child Lochlann’s rights have been infringed by the fact that she could only put her name on the birth certificate and not her wife Ger’s name too.

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Infertility, Law, Same Sex, Surrogacy, Surrogacy Law, Surrogate Mother

After courts started allowing gay couples to use surrogates, a Utah senator wants to repeal the law he once championed

(Leah Hogsten | The Salt Lake Tribune) l-r Senator Lyle Hillyard, R-Logan listens as Sarah Tuttle gives reasons not to repeal SB126 regarding surrogacy Wednesday, February 7, 2018 in the Senate Health and Human Services Committee at the Capitol. “I would’ve given anything to have been able to carry my own children,” said Tuttle who now has two daughters thanks to a surrogate, Kara Ford, who is now her best friend.

Source: The Salt Lake Tribune

Sen. Lyle Hillyard sat in his chair as Lisa Candie Barlow asked him not to repeal the law that provides her legal protections while she carries her brother’s child.

Barlow is 14 weeks pregnant with a baby that she’ll give back to her brother upon delivery.

She was one of dozens of mothers, fathers and surrogates – including Abby Cox, who is married to Lt. Gov. Spencer Cox – who pleaded with a committee on Wednesday to block Hillyard’s SB126.

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Gestational carrier agreements, Law, Surrogacy, Surrogacy Law, Surrogate Mother

Lawmakers Hope Third Time’s a Charm on Surrogacy Contract Legislation

Ultrasound-Keepsake (Photo: Jodi Jacobson/iStockphoto.com)

Source: New Jersey Law Journal

A committee of the New Jersey Legislature has recommended approval of a bill—identical to one previously vetoed—that would permit legally binding gestational carrier agreements.

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intended parents, Law, Parental rights

Parents Can Now Choose The Sex Of Their Baby Under certain circumstances.

Source: The Fresh Toast

A recently proposed law gives parents the ability to choose the sex of their child when conceiving through in vitro fertilization, a process that’s become more popular over the years.

This choice isn’t given to parents because they’d rather have a boy instead of a girl; it’s a little more complicated than that. The proposed law could only be used in situations where the child is at risk of inheriting genetic diseases.

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intended parents, Ireland, Law, Surrogacy Law

Hopes and dreams for the new law on assisted human reproduction in Ireland

Source: Bio News

The Minister for Health in Ireland on the 3 October 2017 disclosed a decision by Government to approve the drafting of a bill on assisted human reproduction (AHR) and associated research. Three days later a general scheme of the Assisted Human Reproduction Bill 2017 was published. This month, the bill went to Ireland’s Oireachtas health committee for scrutiny (see BioNews 934), after which it will go back to the Irish government for a final bill to be drafted. This is very exciting as it will be the first legislation in Ireland on assisted reproduction: setting up a legislative and regulatory structure under which the practice of AHR may operate.

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Law, South Africa, Surrogacy, Surrogacy Law, Surrogate Mother

South Africa – Surrogacy – too much to bear?

Source: Lexology

Surrogacy – a word recently dragged kicking and screaming into the limelight by the pop-couple Kardashian-West. What caused the outcry? Kim’s decision: the mother of two would not bear their third child herself. Worldwide the topic of surrogacy sparks debate. Leaving ethics aside for a moment, should the legal aspects of surrogacy be influenced by social, political or geographical factors?

Surrogacy is not a concept or practice foreign to South Africa. The Children’s Act of 2005 prescribes that all surrogacy arrangements are to be governed by a “surrogacy motherhood agreement” (SMA), the validity of which must be confirmed by a court. A recent decision handed down by the Johannesburg High Court highlighted a few requirements for such confirmation. The judgment arguably opens the door to social, political and or geographical discrimination.

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Ireland, Law, Surrogacy, Surrogacy Law

New Assisted Reproduction Bill in Ireland gathers pace

Source: BioNews

Details of Ireland’s proposed Assisted Human Reproduction Bill were revealed in a meeting of the Oireachtas Health Committee.

Ireland currently has no legislation governing assisted reproduction. The bill aims to provide comprehensive regulation across all aspects of assisted reproduction and establish an Assisted Human Reproduction Regulatory Authority to make ongoing decisions, explained the Department of Health’s chief medical officer Dr Tony Holohan.

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Gay Parenting, Law, Singapore, Surrogacy, Surrogacy Law

Singapore sticks with old-fashioned parenting model

Source: BioEdge

A gay couple has created a conundrum for the Singaporean government by attempting to adopt a child born of an American surrogate mother. The two unnamed men, both Chinese, aged 45 with high salaries, paid a California woman US$200,000 to provide an egg and to gestate a baby, who was born in 2013.

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