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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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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intended parents, Surrogacy, Surrogate Mother

Source. PopSugar


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.

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

Paying a surrogate in Canada is illegal but one Liberal MP wants to change that

Source Global News

Paying a surrogate mother for her services is illegal in Canada but one Liberal MP wants to change that.

When most Canadians picture criminals, a couple trying to have a baby probably isn’t the first thing that comes to mind.

But under Canadian law, that’s exactly what couples who pay a surrogate to carry their child to term are deemed to be, and one Liberal MP wants to change that.

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Gestational carrier agreements, intended parents, Psychological Evaluation, Surrogacy, Surrogacy Law

Gestational carrier laws, hepatitis C testing and more in health care legislation Monday

Source The Press Of Atlantic City

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.

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Hong Kong, intended parents, Surrogacy Law, Surrogate Mother, Surrogate Parents

Surrogacy in Hong Kong: all you need to know about the risks and legal ramifications involved

Source South China Morning Post

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

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India, intended parents, Surrogacy Law, Surrogate Mother

Amended Surrogacy Bill to streamline effective regulation of surrogacy practices

Source NewsBharati

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.

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Donor Eggs, Sperm Donation, Sperm Donor

Letter: Salonen uses public voice to spread misinformation

Source Inforum

I was dismayed to read the rather closed-minded offering published March 17 from Ms. Salonen, who is the mother of five children. While I am not in a position, as a physician, to routinely determine what is right, and what is wrong, I am in a position as a reproductive endocrinologist to know that it is quite dangerous to lump things as important as creating families together.

To paint with a broad brush that it is not OK to use “third party reproduction” is hurtful and inappropriate. Does she disprove of helping single women who have a strong support network in place conceive using donor sperm? Should donor sperm be used in a heterosexual couple who choose this means of having a family?

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Egg Donor, Europe, Infertility, intended parents

Becoming an Egg Donor Is Rewarding in Many Ways

Source: Newswire.net

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.

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Egg Donor, HFEA, intended parents, IVF, UK

UK – IVF egg donor use rises sharply, HFEA figures show

Source: BBC

The number of women using donated eggs has risen sharply in the past 10 years, latest figures show.

In 2006 1,912 women had IVF using a donor egg, compared with 3,924 in 2016, the Human Fertilisation and Embryology Authority (HFEA) said.

It attributed the rise to a greater awareness of donation as an option, more donors, and more same sex couples, single and older women using them.

The number of women donating their eggs is also on the increase.

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Australia, intended parents, Podcast, Surrogacy, Surrogate Mother

The Australian Surrogacy Podcast

Source: Podtail

Sarah Jefford presents The Australian Surrogacy Podcast – sharing stories about surrogacy, from intended parents and surrogates.

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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

embryo-centrifuge

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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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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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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Infertility, intended parents, sister surrogate mother, Surrogacy, Uncategorized

2C Spotlight: Andrea Friesen carries twins for younger sister

Source: Idaho Press-Tribune

Casey and Kim Richardson hug Kim’s sister Andrea Friesen, center, after Friesen delivered the couple’s twins on Dec. 27.

Andrea Friesen of Nampa said three of the hardest phone calls she’s ever had to make were to call her younger sister, Kim Richardson, each time she got pregnant.

Friesen had three successful pregnancies. During those years, Richardson and her husband, Casey, longed to have children but faced painful infertility hurdles and miscarriages.

“It’s hard to see these guys want that so badly and try and not get that — when it has been so easy for me,” Friesen said.

So, Friesen and her husband, Dan, made a proposal: What if Andrea carried the baby for Kim and Casey?

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No uterus, Surrogacy, Surrogate Mother, UK

UK – Woman born without a womb to finally become a mum after workmate makes incredible offer to be surrogate

Source: Daily Record

Proud parents-to-be Natasha and Peter with the scan of their new baby (Image: Daily Record)

Natasha Hutcheon and her childhood sweetheart will finally become parents after colleague Katie Beardal agreed to be their surrogate.

It was a dream they feared would never be realised after a series of heartbreaking setbacks.

But now a couple will finally become parents after a work colleague agreed to be a surrogate mum.

Natasha Hutcheon and childhood sweetheart Peter Walker, both 31, have dreamed of having a baby together since they met as teenagers.

They thought their hopes were dashed when Natasha discovered she was unable to have children.

Now, after 89 hospital visits and two miscarriages in eight years, Natasha’s co-worker Katie Beardal is expecting their baby in September.

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donor sperm, intended parents, Parental rights, Same Sex, Sperm Donation, Uncategorized

The Continuing Legal Evolution of the Concepts of ‘Parent’ and ‘Child’

Source: New York Law Journal

Alton L. Abramowitz

On Jan. 25, 2018, the Appellate Division, Third Department, issued a significant decision in Matter of Christopher YY v. Jessica ZZ, 2018 NY Slip Op 00495. Underlying the court’s determination is the conundrum which it describes as follows: “Application of existing case law involving different-gender spouses, addressing whether the presumption [of legitimacy] has been rebutted, to a child born to a same-gender married couple is inherently problematic, as it is not currently scientifically possible for same-gender couples to produce a child that is biologically ‘the product of the marriage’ [citations omitted].”

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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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