Kenya, Surrogacy Law

Kenya – Trying to hand over a surrogate baby to the intended parents might land the parties involved in court with charges of child trafficking.

Source National

Four years ago, Kenya first confronted the issue of surrogacy and the legal gaps that surround a science that has been around for ages. It came in the form of a landmark case that began in hospital.

After giving birth at a private hospital in Nairobi, a surrogate mother declined to put her name on the birth notification, saying that the intended parents for whom she had carried the pregnancy would sign it.

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Surrogacy Law, Surrogate Mother

Surrogacy laws: why a global approach is needed to stop exploitation of women

Source The Conversation

Surrogacy may have become a popular way for many couples in the limelight to have children – notably Kim and Kanye, Elton John and David Furnish, as well as Sarah Jessica Parker and her husband Matthew Broderick. But it isn’t just a service for the rich and famous.

People may choose to use a surrogate for all sorts of reasons – fertility issues being the obvious one – but people with health problems or complications with previous pregnancies as well as same-sex couples or single people looking to start a family, are all also common clients.

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New Jersey, NJ, Surrogacy Law

New Law Offers Hope For New Jersey Families Having Trouble Conceiving

Source CBS New York

TRENTON, N.J. (CBSNewYork) — There’s a big change in New Jersey State law that’s making it easier to start a family for couples who are having trouble conceiving.

It involves a gestational carrier, which is a woman who’s carrying a baby that isn’t genetically related to her. That’s very different that a surrogate mother, who is related to the child.

The developing fetus in the gestational carrier’s womb came from someone else’s egg and sperm. It had been all-but-impossible in New Jersey until now.

By all appearances the Goldstein family is a normal, happy family. What makes them unique is that 9-year-old Russell and 6-year-old Jonah were both born from gestational carriers. After a number of miscarriages, the Goldsteins thought their chances for a family had hit a dead end.

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Surrogacy Law

Iowa surrogacy contracts case appealed to US Supreme Court

Source AP News

DES MOINES, IOWA

An Iowa woman is asking the U.S. Supreme Court to consider striking down surrogacy contracts as a violation of the constitutional rights of mothers and their babies.

In an appeal of a February Iowa Supreme Court ruling, a Muscatine woman is asking the nation’s highest court to take the case and hear arguments and then find that a surrogate mother does not waive her constitutional rights and those of her future child when she signs an agreement to have a baby for another couple.

The woman, identified in court documents only as T.B., is challenging a ruling that concluded for the first time in Iowa that gestational surrogacy agreements are enforceable. The Iowa court said banning such arrangements would deprive infertile couples of perhaps the only way to raise their own biological children. The court ruling meant the woman was legally not the parent of the now-23-month-old girl to whom she gave birth.

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Malta, Surrogacy Law

Malta – Common sense has prevailed

Source Times of Malta

A child born as a result of gamete donation will have a right to know the identity of his biological mother and father at the age of 18. Photo: Shutterstock

Thankfully it seems like common sense has prevailed regarding the amendments to the Embryo Protection Act. There are three main fundamental improvements to the original Bill.

The first is that a child born as a result of gamete donation will have a right to know the identity of his biological mother and father at the age of 18.

The second is that the parents of frozen embryos will be given an additional IVF cycle, free of charge, to give all embryos the chance to be brought to term. This is certainly an improvement over the original Bill; however this should be further strengthened with a legal obligation to do so within a two-year period unless a medical condition precludes this. This will significantly reduce the number of embryos that will be ‘up for adoption’, which should only be exceptional cases – preferably none at all.

The third amendment is that the regulation of altruistic surrogacy is going to be discussed in a separate Act of Parliament, rather than through a legal notice subsidiary to the Embryo Protection Act. The surrogate mother will be given all the support she needs while respecting the rights of the biological gamete owners.

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NJ, Surrogacy Law

End of an Era: New Jersey Legalizes Surrogacy, 29 Years After Baby M

Source Verdict Justia

For the third time, the New Jersey legislature passed a bill to legalize gestational surrogacy. Two previous times, in 2012 and 2015, bills approved by the legislature were vetoed by then-Governor Chris Christie. Both times, Christie expressed concern that the legislature had not sufficiently considered or responded to the potential harms of surrogacy. But Christie was replaced by Democrat Phil Murphy in 2016, and Murphy signed the most recent bill into law. The bill had been approved by the legislature along party lines. Surrogacy is not obviously a partisan issue—many of its critics are liberal feminists—but Republicans in New Jersey all voted against the bill or abstained.

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Catholic, Surrogacy Law

Push to expand surrogacy practices in US raises questions

Source Catholic News Agency

Washington D.C., Jun 2, 2018 / 06:02 am (CNA/EWTN News).- A proposal introduced earlier this year aims to expand the practice of surrogacy within the U.S. in an effort to include same-sex couples as surrogate parents and to loosen state supervision over surrogacy contracts.

The measure was proposed by the Uniform Law Commission (ULC) with the goal of updating the Uniform Parentage Act, which provides the current model legislation for the legal rights of surrogacy practices within the U.S.

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Surrogacy Law

New Jersey couples looking to start a family can now sign contracts with surrogate mothers

Source NorthJersey.com

New Jerseysans hoping to become parents but struggling to conceive children are now allowed to enter legally binding agreements with “gestational carriers” under a law signed by Gov. Phil Murphy.

In a flurry of activity this week, Murphy, a Democrat, also signed about a dozen other measures, including one to protect the Obama-era insurance mandate, and conditionally vetoed a handful more.

The measure authorizing gestational carrier agreements had twice been vetoed by Murphy’s predecessor, Republican Chris Christie, who worried about the “profound change” the practice could bring to how families are started. 

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Surrogacy Law

Here’s what N.J.’s new surrogacy law means for couples and women willing to give birth to their child

Source NJ.com

New Jersey state law caught up to medical science Wednesday, when Gov. Phil Murphy signed a bill that provides legal protection to New Jersey couples struggling with infertility and sign a contract with a woman willing to carry their child.

The New Jersey Gestational Carrier Act clarifies the law as it applies to women who, unlike surrogates, have no biological link to the fetus because the egg belongs to another woman.

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Canada, Surrogacy Law

Canada – Private member’s bill would allow payment to surrogates, sperm and egg donors

Source CTV News

A new private member’s bill aims to remove the prospect of criminal charges for those who pay for and receive donated sperm and eggs, as well as surrogacy services.

Anthony Housefather, a Liberal MP representing the Montreal riding of Mount Royal, tabled the bill Tuesday, saying “criminalization is meant to eradicate societal evils. The desire to have a child or to help someone have a child is not evil.”

He said the criminal law should be changed and it should be left up to the provinces to regulate assisted human reproduction services. Provinces could choose to continue to prohibit compensation beyond expenses, set a cap on payouts, or leave it up to the free market, he said

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Malta, Same Sex, Surrogacy, Surrogacy Law

Pro-life group tears into proposed changes to IVF law

Source Malta Today
The Life Network Foundation says new law will create ethical and legal problems for children born from in-vitro fertilisation

A pro-life group has raised concerns over proposed changes to the Embryo Protection Act, which it says gives short shrift to the legal and ethical issues involved.

Life Network Foundation chairperson, Miriam Sciberras, was critical of changes that will change the definition of prospective parents, the introduction of anonymous gamete donation and embryo freezing.

Sciberras also criticised the proposal to start a consultation process on altruistic surrogacy. She said surrogacy turned women into objects and ignored the importance of the bond that develops during pregnancy between the mother and the child.

The wider definition of parents would allow, among others, single women to make use of in-vitro fertilisation treatment. The changes also propose the introduction of anonymous sperm and egg donation.

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Canada, Surrogacy Law

Canada – Fertility Advisors Continues Advocacy With Third Day on Parliament Hill

Source Digital Journal

Prime Minister Justin Trudeau says it’s time for society to study the issue of decriminalizing payment for surrogate mothers and sperm or egg donors. (Radio-Canada)

“I think this is something we need to be thinking about as a society, and when we see the bill I know we will be having a discussion about rights and responsibilities that we share as a society,” Trudeau said. “And we will try to see how we can move forward in a reasonable manner.”

Trudeau was referencing a planned private member’s bill being put forward by Liberal MP Anthony Housefather. The bill, which Housefather plans to table in May, would decriminalize payments for surrogate moms and sperm or egg donors.

Canadians from every demographic and economic group could require a surrogate and/or gamete donor to build their family. Every Canadian should have the right and ability to have a family without fear of legal prosecution. This means that just to give one example, to even send flowers to a surrogate could expose intended parents (IPs) and agency staff to criminal liability and penalties. Expenses meant to cover costs directly related to the pregnancy are a grey area, and currently, any perceived breach could result in the conviction of an indictable offense with a fine of up to $500,000, a jail sentence of up to 10 years, or both.

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Canada, Surrogacy, Surrogacy Law

Trudeau says it’s time for Canada to debate decriminalizing fees for surrogate moms

Source CBC

Prime Minister Justin Trudeau says it’s time for society to study the issue of decriminalizing payment for surrogate mothers and sperm or egg donors. (Radio-Canada)

Prime Minister Justin Trudeau says it’s time for Canadian society to wrestle with the controversial issue of paying women to carry other people’s babies.

Calling paid surrogacy an “extremely important issue” that affects many prospective parents, including same-sex and infertile couples, Trudeau said today he expects the debate will draw extreme opinions and emotions.

The government, he said, wants to listen and show respect for all views to “move forward appropriately.”

“I think this is something we need to be thinking about as a society, and when we see the bill I know we will be having a discussion about rights and responsibilities that we share as a society,” he said. “And we will try to see how we can move forward in a reasonable manner.”

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India, Surrogacy, Surrogacy Law, Surrogate Mother

India – Child rights panel wants adherence to norms on surrogacy

Source Business Standard

The Maharashtra Child Rights Commission has recommended strict implementation of the ICMR’s guidelines for those desiring to have a child through surrogacy.

It has asked the state government to set up a task force to monitor the implementation of guidelines and to tighten the supervision of hospitals facilitating delivery of children through surrogacy.
The Maharashtra State Commission for Protection of Child Rights has also asked people, including actors, desiring a child through surrogacy, surrogate mothers, egg/sperm donors to register themselves with clinics or hospitals, that in-turn have to be registered with an appropriate government authority.

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Canada, intended parents, Surrogacy, Surrogacy Law, Surrogate Mother

Paying surrogates, sperm and egg donors goes against Canadian values

Source The Conversation

A Canadian politician has announced he plans to introduce a private member’s bill to remove the legal prohibitions on payments to surrogate mothers and to sperm and egg donors. (Shutterstock)

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.

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IVF, Surrogacy, Surrogacy Law, Surrogate Mother

Oregon is fertile ground for surrogacy

Source: The Bulletin

New parents are often in awe over their first child, and that is certainly true for Andrew and Courtney Reeves.

The Bend couple marvels at how much their son, Jon, looks like his father. They are amazed at how well he behaves on trips and how he sleeps through most nights. They have already taken their 5-month-old baby on family vacations to Utah and Hawaii.
But Jon’s presence is more a miracle than his good behavior. He was born through surrogacy, an arrangement in which a woman agrees to become pregnant and gives birth to a child for a couple, who will be the child’s parents. The surrogate carries an embryo created in a laboratory using an egg and sperm from the child’s parents.

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compensation, Surrogacy Law, Surrogate Mother

Canada – Should surrogate mothers be paid for their labour?

Source. cbc.ca Radio

Under Canadian law, the act of carrying a baby as a surrogate is not illegal, but payment for it is. (Shutterstock)

Is it time that we recognize labour as… labour? Or is paying women to act as surrogates a slippery slope to exploitation?

Under Canadian law, being a surrogate is not illegal, but payment for the service of surrogacy is.

Stephanie Plante, who was a surrogate for a same-sex couple in Spain, thinks women should be trusted to make decisions about their bodies, and be compensated accordingly.

“If I’m a man and I decide to go to Afghanistan and put my body in harm’s way, I’m given a book tour,” says Plante, “and I am given a speaker circuit, and I’m given a pension.”

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Commercial Surrogacy, India, Parental rights, Surrogacy Law, Surrogate Mother

India – Surrogacy Regulation is Stuck Between Market, Family and State

Source The Wire

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.

Surrogacy policy in India has varied from encouraging commercial surrogacy to allowing only altruistic surrogacy, a move that was condemned by a parliamentary standing committee Credit: Reuters

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.
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Canada, Gestational carrier agreements, intended parents, re-conception parentage agreement, Surrogacy Law, Surrogate Parents

Impact of the All Families are Equal Act, 2016 for Surrogate Births

Source Lexology

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.

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Commercial Surrogacy, compensation, Surrogacy, Surrogacy Law, UK

UK – Government Advises Openness, Confidence, And Transparency (In Surrogacy)

Source Above The Law

The UK — not the US, sorry — has a very thoughtful and vocal stance on surrogacy.

Last month, the government issued thoughtful guidance on best practices for citizens considering entering into a surrogacy arrangement. Our government? No, no, sorry for any confusion. I am talking about the United Kingdom. The United States continues to maintain a patchwork of (mostly positive) surrogacy laws, or in many cases, no law at all. But the UK’s government, and more specifically, the Department of Health and Social Care, recently issued official guidance for intended parents and surrogates entering into surrogacy arrangements in England and Wales.

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