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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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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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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Parental rights, Surrogacy, Surrogacy Law, Surrogate Parents

Court upholds surrogacy contracts as enforceable in Iowa

Source National Post

DES MOINES, Iowa — The birth mother of an 18-month-old girl, paid as a surrogate to have the baby, is not legally the child’s parent, the Iowa Supreme Court ruled Friday in an emotional case that concluded surrogacy contracts can be enforced in Iowa.

The ruling means the girl remains with the Cedar Rapids couple, the only parents she has known since leaving the hospital after birth.

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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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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

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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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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