Anne Else looks at the Law Commission’s proposals for new surrogacy law, and the key legal issue: how the intending parents become the legal parents
Agreeing to be a birth mother in a surrogacy arrangement is a precious gift to people wanting a child. But if it’s poorly regulated, it can lead to women being seen as just useful wombs.
No one knows exactly how many surrogacy arrangements have been made or how many children have been born this way to New Zealanders since the Human Assisted Reproductive Technology (HART) Act was passed in 2004, because no comprehensive records are kept. But surrogacy makes up less than 1 percent of fertility clinic treatment cycles here. There’s no guarantee of a live birth.
During the Star’s Made in Canada series, which looks at this country’s booming international surrogacy industry, the Crabbs and their Canadian surrogate, Paula Capa, a teacher in Kitchener, struggled to become parents.
“Obviously we’ve been waiting forever for this,” David says. “And now we’ve got one beautiful little angel sent from heaven.”
In Canada, it’s illegal to pay for the services of a surrogate mother or to purchase human gametes — sperm and eggs. These prohibitions are entrenched in the Assisted Human Reproduction Act. Some Liberal members of Parliament want to change this.
Anthony Housefather, MP for Mount Royal and chair of the House of Commons Standing Committee on Justice and Human Rights, recently held a news conference to announce that he plans to introduce a private member’s bill to remove the legal prohibitions on payments.
The recent All Families Are Equal Act, 2016 (the “Act”) amends various existing pieces of legislation in connection with the goal of establishing new rules related to parentage (see the amendments here). For a general overview of the legislative changes brought about by the Act, please see our bulletin here.
Of importance to hospitals are the amendments to sections 9 to 11 of the Children’s Law Reform Act. Section 9 introduces the concept of a “pre-conception parentage agreement,” which allows potential parents to contractually define their parentage status. Sections 10 and 11 update Ontario laws to provide for surrogacy agreements, with a standard format allowing for up to four legal parents.
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.
Legislators Monday will have a busy day both in the Senate and Assembly as they vote on a number of bills, some health-related.
Laws on gestational carrier agreements, hepatitis C testing, dementia, the reopening of a psychiatric hospital, earned sick leave and opioid prescription warning stickers are at the top of the list on the health care front.
The Senate will vote on a bill that would allow gestational carrier agreements — where a woman agrees to carry and give birth to a child that is not genetically related to her — for an individual or couples seeking to expand their families.
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
The PSA, working collectively with our colleagues through Unions NSW, is claiming a great win for fairness following the recent publication of a NSW Government Determination on the rights of Employees in relation to altruistic surrogacy and permanent out-of-home care arrangements.
The Determination gives surrogate parents access to the same rights as other parents in relation to leave entitlements following the birth of their child. This formal extension of that entitlement follows years of advocacy by the PSA on a case-by-case basis for parents undertaking altruistic surrogacy arrangements and ensures that in future, no parent has to argue that their family is equal to others.
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.
Egg donation is an inspiring act where a female donor generously helps another woman to fulfill her dream to become a mother.
Barcelona , — Unfortunately, there are many couples who are unable to conceive and have children on their own. Studies show that about a third of infertility cases are due to female infertility, another third to male sterility, and the rest are due to issues affecting both partners, from which many cases simply remain an unresolved mystery. Everyday Health reports that infertility affects about 10 percent of women, with possible issues resulting from ovulatory disfunction, poorly functioning fallopian tubes and uterus abnormalities.
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.
The failure of systems used to store frozen eggs and embryos at two fertility clinics has rattled people who count on such clinics to help them realize their hopes of having children. But the breakdowns at clinics in Cleveland and San Francisco, each apparently involving the temperature or level of liquid nitrogen in one storage tank, have damaged at least some eggs and embryos belonging to potentially hundreds of people.
At a time when egg freezing is increasing swiftly — some Silicon Valley companies now tout it as a perk for their employees — the incidents raise questions about what to look for and ask if you are considering taking that step. Here is a basic guide:
With more people facing fertility issues and couples increasingly seeking alternative routes to have children, there is a growing number of UK families created through surrogacy.
In the last three years, the number of children being born through surrogacy has almost tripled according to figures from the Ministry of Justice Family Court.
Surrogacy is no longer a taboo – along with adoption it has become an accepted alternative to traditional child birth. It has even recently featured in the Archers on Radio 4 and has been put into the headlines by Kim Kardashian and Kanye West who have recently used a surrogate to have their baby, Chicago.
Earlier this week, Governor Jay Inslee of Washington signed into law an updated version of the state’s Uniform Parentage Act. Written to safeguard the rights of LGBTQ and non-biological parents, the new law defines a “de facto” parent as well as allows compensation beyond medical and other expenses for surrogate mothers.
According to the law’s sponsor, state Senator Jamie Pedersen, who has four children with his husband conceived through surrogacy, the bill will help parents who want to have a child through surrogacy at home in Washington State, rather than leaving the state. (Pedersen and his husband had their children in California where compensated surrogacy is already allowed.)