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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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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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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Australia, Embryo, Gestational surrogacy, Infertility, intended parents, IVF, Surrogacy, Surrogate Mother

Australia – Surrogacy success for Hunter family with new baby after years of heartache, IVF, and two surrogates.

Source: Newcastle Herald

Priceless: Kristy and Craig Darken with baby Henry, born via a surrogate. Kristy described the process as akin to having all of the ingredients to make a cake, but baking it in someone else’s oven. Picture: Kelsey Mlekus Photography

BY the time Kristy and Craig Darken found out they were going to be parents, they had almost given up all hope of holding a child of their own in their arms.

It had been close to eight years of highs and lows, of hope and of devastation, as the Elermore Vale couple trod the testing track of having a baby via a surrogate.

But then, countless counselling sessions, IVF, two surrogates and 10 embryos later, a tearful late night phone call came from Kristy’s sister, Rebecca.

“She was crying her eyes out,” Kristy said.

“I thought she was crying because she knew it was our last try. I thought she was devastated. Then finally, she said, ‘I’m pregnant. It worked’.

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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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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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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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Infertility, intended parents, New Zealand, Surrogacy, Surrogacy Law, Surrogate Mother

New Zealand – Baby joy for Toni Street – via surrogacy

Source:  New Zealand Herald

Toni Street and her best mate Sophie Braggins. Braggins is acting as Street’s surrogate and carrying her third child, due in August.

Broadcaster Toni Street and her husband are expecting their third child – this time via a surrogate mother.

Street has opened up on the happy family news for her and husband Matt France and also spoken of the serious health battle that has required them to use a surrogate – Street’s best friend Sophie Braggins – to add to their current family of two young daughters.

Street – a co-host of the The Hits’ popular morning radio show – and France will welcome a baby boy into their family in August.

They have gone public as a rising number of Kiwi families face a range of fertility issues, with some looking at the option of investigating surrogacy.

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Infertility, intended parents, Surrogacy, Surrogacy Law, Surrogate Mother

Supreme Court says contracts with surrogate mothers are legal

Source: RadioIowa

The state Judicial Building.

The Iowa Supreme Court rules that contracts made with surrogate mothers are legal in the state.

The case involves a couple from Cedar Rapids who were nearing 50 years old when they married in 2013 and decided they wanted to have a child. They placed an online ad in 2015 and signed an agreement to have the Muscatine woman serve as the surrogate mother. Both embryos implanted in the surrogate mother took hold — but the twins were born prematurely and one died.

The surrogate mother then refused to give up the surviving baby, saying the surrogate contract was not legal in Iowa. The district court, after genetic testing, ruled the contract is enforceable, terminated the parental rights of the surrogate mother and her husband, and awarded the Cedar Rapids man permanent legal and physical custody.

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Gestational surrogacy, intended parents, Surrogacy, Surrogacy Law, Surrogate Mother

Iowa Supreme Court to Rule Friday on Landmark Surrogate Case

Source: WHOTV

DES MOINES, IOWA — Surrogate rights in Iowa have fallen under the microscope.

“Genetically, it is not her child, it is a child with genes of other people she agreed to carry,” said Iowa Supreme Court Justice Thomas Waterman.

In January of 2016, Paul and Chantele Montover entered an agreement in Linn County for a surrogate to carry their child but surrender custody immediately upon birth.

“We decided to not use an agency, but our clinic gave us several websites of people advertising to be surrogates,” said Chantele.

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Surrogacy, Surrogacy Law, Surrogate Mother

What is surrogacy?

Source: Boots WebMD

Kim and Kanye are the latest celebrity couple to have a baby using a surrogate. They join the likes of Nicole Kidman, Tyra Banks, and Elton John and his partner David Furnish, who have all turned to surrogacy to have children.

It’s not just high-profile couples who are using a surrogate to help them start or add to their families. According to Surrogacy UK on average 10 children are born through surrogacy each week.

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Surrogacy, Surrogacy Law

Calling for a Radical Change of Perspective on Surrogate Motherhood

Source: The Center for Bioethics and Culture

23 NGOs (including The Center for Bioethics and Culture) from eight countries and two international networks (including the #StopSurrogacyNow Coalition) have issued a renewed call to the members of the Experts’ Group of the Hague International Conference.

Specifically, we are asking them to:

1. Renounce working on any instrument which would tend to organize surrogate motherhood internationally or would favor mutual recognition in this domain;

2. Recognize the necessity of a Convention on the Abolition of Surrogacy, similar to what was done against slavery and practices analogous to slavery with the Conventions of 1926 and 1956, and to recommend that the Member States of the Conference engage in this direction within the United Nations, which is the relevant organisation in this respect.

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