Through the years, India’s stand on surrogacy has varied from a medico-liberal to a carceral model, but the best safeguards for surrogates would be empowerment rather than relying on the market or the state for protection.
Law has long been the site of intense political, social and economic contest over women’s reproductive labour. Surrogacy is no exception. Over the past 15 years, numerous legislative drafts on surrogacy have been proposed, making India possibly the only country in the world to seriously consider all possible regulatory approaches to surrogacy ranging from a liberal, contract-based model in the late 1990s to a prohibitionist, carceral model in 2016. Read more
Once I was married, it took me a while to be sold on having kids — all I wanted to do for many years was to travel, so that’s what my husband and I did. We visited as many states and countries as we possibly could each year, and I was glad to watch my bucket list dwindle as the years wore on. It was only after one particularly adventurous and eye-opening trip to Amsterdam, Cologne, and Brussels that I decided we should start trying for a baby.
The UK government has said it “supports surrogacy” for “LGBT+ parents wanting to create a family”, issuing guidance on the issue for the first time after British Olympic diver Tom Daley announced he is expecting a child via surrogate.
Daley and husband Dustin Lance Black announced earlier this month that they are expecting their first child together. Though they have not spoken about their route to parenthood, it is believed the pair are using a surrogate, whose identity has not been made public.
Following the news, this week the UK government for the first time published guidance on surrogacy for prospective parents.
Hongkongers face strict rules surrounding surrogacy, which is only an option for married couples, and remains rare in the city because it falls into a legal grey area. We help you get to grips with the facts.
The controversial topic of surrogacy hit the headlines again recently with the story of a Japanese millionaire who has fathered 13 children through Thai surrogate mothers.
The 28-year-old businessman was granted sole parental rights to the children by the Juvenile Court in Bangkok, because the mothers had signed away all rights to them and DNA tests proved that he was the biological father of all the childre
On March 12, the governor of Washington signed into law a bill amending the state’s Uniform Parentage Act. This act officially permits women to be paid for carrying someone else’s child—in other words, “surrogate motherhood.” Previously, the law only permitted women to be reimbursed for medical and other expenses associated with surrogacy. The amendment, in effect, legalizes commercial surrogacy. So women can now rent out their wombs in Washington State. Sponsors of the bill insisted that the goal of the legislation is to reduce the suffering of infertile couples. But its real-world result will be to further commodify human life and exploit desperate women.
New Delhi, March 22: In order to have an effective regulation of surrogacy, prohibit commercial surrogacy and allow altruistic surrogacy to the needy Indian infertile couples, the Union Cabinet chaired by Prime Minister Narendra Modi has given its approval for moving official amendments in the “Surrogacy (Regulation) Bill, 2016”.
The Surrogacy (Regulation) Bill, 2016 proposes to regulate surrogacy in India by establishing National Surrogacy Board at the central level and, State Surrogacy Boards and Appropriate Authorities in the States and Union Territories.
Once the Bill is enacted by the Parliament, the National Surrogacy Board will be constituted. The States and Union Territories shall constitute the State Surrogacy Board and State Appropriate Authorities within three months of the notification by the Central Government.
NEW DELHI — The Union Cabinet, chaired by Prime Minister Narendra Modi, March 21 approved amending the Surrogacy (Regulation) Bill, 2016 to provide for rights of a child born through surrogacy equal to those of a natural or biological child, and mandate the registration of surrogacy clinics with the appropriate state authorities.
The amendments also seek 16 months of extended insurance coverage for surrogate mothers to cover all complications, as well as a strict clause to safeguard the surrogate mother from exploitation, the Union Health Ministry said.
Also, Assisted Reproductive Technology has been kept out of the Bill’s purview, it added.
A grandmother enjoyed being pregnant so much that she decided to become a surrogate mum in her 50s. Sue Fisher is thought to be the oldest woman in the UK to become a surrogate for strangers.
After a divorce from her husband of 30 years and with her children grown up, Sue, now 55, decided she wanted to help another couple experience the joy of childbirth. Despite initially worrying that no one would pick her due to her age, she clicked with a gay couple desperate to have kids.
While surrogacy isn’t necessarily commonplace, celebrities like Kim Kardashian and Tyra Banks have been candid about their experiences, helping to make it a more normal part of motherhood conversations. And since many new moms choose to breastfeed their babies for both the many benefits and bonding experience, it’s normal to wonder if it’s even possible for the moms who haven’t actually given birth. So, can they?
The New Jersey Legislature is advancing a statute that would enable individuals to enter into enforceable agreements for surrogate parenthood via gestational carriers. The New Jersey Gestational Carrier Agreement Act (S-482, A-1704) awaits only final legislative approval and the signature of Gov. Phil Murphy to become law.
In gestational surrogacy, a woman agrees to be implanted with a fertilized egg that is not hers, and to carry the fetus to term. The fetus is conceived in vitro, using egg and sperm from donors who are unrelated to the woman. The act requires such agreements to be in writing; additionally, the carrier must be over age 21 and have already borne at least one child of her own; her spouse or partner must consent in writing, and the intended parents must provide financial and medical support to the woman throughout her pregnancy and delivery. All parties must also undergo psychological evaluation and be represented by independent counsel. The woman carrying the fetus must surrender custody of the baby to the intended parents immediately upon birth. The act specifies that during the pregnancy, the intended parents must initiate a proceeding for an order of parentage. After the birth, the state will issue a birth certificate listing only the intended parents as the legal parents. Records relating to the agreement will remain confidential, but the child may petition for access when he or she turns 18.
According to the Ministry of Health (MOH), surrogacy refers to the arrangement where “a woman is artificially impregnated, whether for monetary compensation or not, with the intention that the child is to be the social child of some other person or couple”.
Commercial surrogacy often involves a fee paid to the surrogate mother. By hiring a surrogate mother, you are essentially hiring a woman to carry and deliver a child for you.
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.