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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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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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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