Surrogacy, Surrogacy Law

Washington State Flips Its Anti-Surrogacy Stance

Source Above The Law

Washingtonians should pop the champagne bottles and celebrate — unless you are already trying to become pregnant as a surrogate.

In the last few years, several countries have either banned or severely limited access to surrogacy. These laws often come on the heels of some crazy surrogacy scandals, including the Japanese man with the 13 surro-babies, or the twin baby left behind in Thailand. Fortunately, the United States has gone the other direction. Last year, Washington, D.C. reversed its prior law that actually made surrogacy a criminal offense, and instead passed a comprehensive new statute that permits and provides safeguards around surrogacy arrangements. The statute permits both the more popular type, known as gestational surrogacy — that’s where the surrogate isn’t genetically related to the child being carried — as well as the less common form of surrogacy, now called “genetic” surrogacy — previously known as “traditional” surrogacy — where the surrogate is also genetically related to the child.

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Assisted Reproductive Technology, Commercial Surrogacy, India, Surrogacy, Surrogacy Law, Surrogate Mother

India – Cabinet Approves Amendments to Surrogacy Bill

Source: India West

Twenty-eight-year-old Indian surrogate mother, Manu Kani poses at the Surrogacy Center India clinic in New Delhi, Nov. 3, 2015. The Union Cabinet March 21 approved amending the Surrogacy (Regulation) Bill, 2016. (Sajjad Hussain/AFP/Getty Images)

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.

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Baby M, Gestational surrogacy, intended parents, Psychological Evaluation, Surrogacy Law, Surrogate Mother

Gestational Carrier Agreements Enforceable

Source: New Jersey Law Journal


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.

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Gestational carrier agreements, Gestational surrogacy, Infertility, intended parents, Parental rights, Singapore, Surrogacy, Surrogacy Law, surrogate children, Surrogate Mother

6 Legal Issues Singaporean Couples Should Consider Before Hiring a Surrogate

Source: Yahoo Finance

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.

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intended parents, Parental rights, Surrogacy, Surrogacy Law, UK

UK – Surrogacy abroad: how to get started

Source: Lexology

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.

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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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intended parents, Surrogacy, Surrogacy Law, Surrogate Mother

Surrogacy laws in Western Australia set to change

Source: 9 News

It’s the ultimate gift – bringing a baby into the world through surrogacy. 

However, in Western Australia, only 10 babies have been born through a surrogate in the last decade because the state’s laws are so tough. 

The process often takes up to a year and costs roughly $80,000. 

That makes Robina and her husband Ryan’s one year old son, Raphael, a rare baby. 

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intended parents, Parental rights, Same Sex, Surrogacy, Surrogacy Law, Surrogate Mother, UK

UK – Surrogacy and HFEA Update (March 2018)

Source: Family Law Week

Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as the latest cases concerning administrative errors and the HFEA.

H (A Child: Surrogacy Breakdown) [2017] EWCA Civ 1798 (17 November 2017)
Like so many of the reported surrogacy cases in this jurisdiction, in H (A child: Surrogacy breakdown) [2017] EWCA Civ 1798 the court – on this occasion, the Court of Appeal – highlights once more some of the complexities of surrogacy in the absence of any form of regulation.

The facts of this case can be summarised as follows. A and B were a male same-sex couple who entered into a surrogacy agreement with C and D who were a heterosexual married couple. A’s sperm and a donor egg resulted in C’s pregnancy with H. The parties’ relationship broke down subsequently and communication between them ceased. After the birth, the solicitors representing C and D wrote to A and B to inform them that they no longer wished to follow the terms of the agreement and would not provide their consent to the making of a parental order (one of the essential ingredients under s54 of the HFEA 2008).

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Gay Parenting, Gestational surrogacy, intended parents, Same Sex, Surrogacy, Surrogacy Law, Surrogate Mother

Fertility options for the LGBT community

Source: Out In Jersey

Dr. Dan Kaser at RMANJ

LGBT people have gradually stepped out from shadows over the last 50 years, not only transforming our own lives, but those of our families and communities. A generation or two ago, the children we raised were born of previous heterosexual relationships. This began to change in the 1970s and ‘80s, aided by helpful court rulings that reflected cultural sea change in attitudes toward gay people in general. In 1997, New Jersey became the first state to allow same-sex couples to adopt jointly.

Adoption, artificial insemination, in vitro fertilization and surrogacy are now viable avenues available for LGBT individuals and couples. Ultimately, the choice of how to build your family (adoption vs. fertility treatment) is a personal decision based on many factors. Those who seek help from assisted reproductive technologies want to have children with whom they share a genetic connection. What is this path like?

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compensation, intended parents, Surrogacy, Surrogacy Law, Surrogate Mother, UK

UK – First surrogacy guidelines for England and Wales released

Source BioNews

Appeared in BioNews 940

Government guidance has been issued for couples considering surrogacy in England and Wales, for the first time.

Two sets of guidelines have been released, one for surrogates and intended parents, and the other for healthcare professionals working with them.

Couples planning to enter into an agreement with a surrogate are recommended to use written agreements covering conception, expenses and any planned relationship between the surrogate and the child. They are also encouraged to use established surrogacy organisations in the UK to find a surrogate, rather than travelling abroad to clinics or using informal arrangements.

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Surrogacy Law, Surrogate Mother, UK

UK – Lawyers attack new surrogacy bill

Source: The Sunday Times

Sam Everingham, right, with his partner Phil Copland and their two surrogate daughters

Surrogacy support groups and family lawyers have criticised the government’s planned new laws on surrogacy, which they say will force 80 couples a year to go abroad to have children.

The government’s deadline for submissions on the planned Assisted Human Reproduction Bill, which will set up a new regulatory regime for surrogacy and other forms of assisted reproduction, closed last week.

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compensation, Surrogacy Law, Surrogate Mother

Washington State Considers Legalizing Commercial Surrogacy

Source: Christian Headlines

Photo courtesy: ©

Washington state could legalize commercial surrogacy, where the surrogate mother is compensated beyond medical expenses.

According to The Christian Post, children’s rights advocates say the proposal is “selling” babies.

Wednesday morning, the Washington state House of Representative passed the “Uniform Parentage Act.” House Democrats voted in favor of the act. Every Republican member opposed the bill.

“For House Republicans, this bill was a matter of conscience,” said house member Liz Pike, according to Clark County Today.

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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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intended parents, Surrogacy, Surrogacy Law, Surrogate Mother

Republican lawmakers enraged by passage of ‘The Uniform Parenting Act’

Source: Clark County Today

Senate Bill 6037 allows for paid surrogacy in the state of Washington

Sometimes I have the pleasure of telling you a story and sometimes the story just tells itself.

It’s safe to say a number of area lawmakers have had some tough days during the current legislative session in Olympia but the past 24 hours just might have been the toughest for Reps. Liz Pike (R — 18th District) and Vicki Kraft (R — 17th District) and others.

Pike, Kraft and their fellow lawmakers were on the floor of the house until after midnight in the a.m. hours of Wednesday. I spoke with Kraft by telephone this morning and I believe she told me that she was still testifying on the floor of the House of Representatives after midnight.

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intended parents, Ireland, Surrogacy, Surrogacy Law, Surrogate Mother

Ireland – Fertility expert: Surrogacy plans too restrictive

Source: Irish Examiner

A fertility expert has warned that plans to permit surrogacy in Ireland are too restrictive and that people would continue to seek surrogacy abroad even though it remains a grey area.

Consultant obstetrician and gynaecologist Mary Wingfield said the legal situation of those who employed surrogate mothers abroad should have been addressed in the Assisted Human Reproduction Bill.

Prof Wingfield was one of three fertility experts to discuss the proposed legislation at a meeting of the joint committee on health yesterday.

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

Tell children created through surrogacy how they were born, says first-ever Government guidance

Source: The Telegraph

Parents are also warned not to enter into informal surrogacy arrangements but to use a surrogacy organisation to arrange the process, and advised not to go abroad but to use licensed clinics in the UK. CREDIT: DAVID JONES /PA

Children created through surrogacy should be told how they were born, the Government has said for the first time.

The first-ever official guidance for surrogacy arrangements says that “openness, confidence and transparency about a child’s origins from an early age (pre-school) is the best way to talk to children about their identity and origins”.

Parents are also warned not to enter into informal surrogacy arrangements but to use a surrogacy organisation to arrange the process, and advised not to go abroad but to use licensed clinics in the UK.

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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


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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intended parents, Ireland, Surrogacy, Surrogacy Law, Surrogate Mother

Ireland – Call for legislation to treat surrogate mothers equally

Source: Connacht Tribune

A Galway City councillor has called on the Health Minister to consider introducing legislation giving surrogate mothers maternity leave so they are not treated any differently from natural or adoptive parents.

Fine Gael Cllr Padraig Conneely said he is aware of several couples in Galway who have become parents through a surrogacy arrangement abroad.

Surrogacy is a way for a childless couple or individual to have a child, with a surrogate mother carrying the child. The surrogate mother agrees to be artificially inseminated or to have an embryo transferred to her womb in order to become pregnant. She then carries the child to term with the intention of giving custody of the child to the “commissioning” person or couple.

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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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compensation, New Zealand, Surrogacy, Surrogacy Law, Surrogate Mother

New Zealand – Calls for surrogates to be compensated – as Toni Street announces baby news

Source:  NZ Herald

A leading surrogacy lawyer and doctor have called for a law change to allow compensation to be paid to women who bear a baby for someone else.

Broadcaster Toni Street last night went public on how she and her husband Matt France’s third child is being carried by a surrogate – Street’s best friend Sophie Braggins.

The couple turned to a surrogate after Street was diagnosed with a rare and incurable auto-immune condition shortly after she gave birth to Mackenzie in mid-2015.

Zandra Wackenier, who has represented surrogate mothers and “intending parents” in dozens of applications to authorities, says she supports a continuation of commercial surrogacy in New Zealand, but she also believes surrogates should be compensated for their out-of-pocket expenses.

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