Emily Rosenthal | NYU | September 27, 2022
U.S. Supreme Court Decision Dobbs. vs. Jackson Women’s Health enabled states to restrict or ban abortion, which could limit the use of IVF in those states, including in the case of surrogacy. Clarence Thomas’ concurring opinion opened the door to challenging LGBTQ rights, which could have ripple effects on surrogacy and other techniques often used by same-sex couples for family formation.
Men Having Babies
The “Equal Access to Reproductive Care Act,” filed by Representatives Adam Schiff and Judy Chu, in collaboration with organizations like Men Having Babies and the National Center for Lesbian Rights, will allow LGBTQ parents and single people to deduct ARTs–including surrogacy–on tax returns without needing to demonstrate medical infertility.
Jody Madeira | Bloomberg Law | July 25, 2022
In the wake of the US Supreme Court ruling on abortion, several US states have banned abortion and defined life as beginning at fertilization or conception. Law professor Jody Madeira discusses issues that state legislatures must address to avoid unintended financial, social, and emotional consequences for those using ARTs.
Clio Yang | ABC News | February 21, 2022
Mr. Tsou and his husband are looking for international surrogacy arrangements because adoption by gay married couples is not legal in Taiwan. However, a couple of exceptions have been granted in the best interest of the child, and more inclusive ART legislation is being reviewed by the government.
Aastha Atray Banan | Mid-Day | February 6, 2022
India recently passed new Surrogacy and ART Acts, banning commercial surrogacy and germline cell sales, respectively. In this interview, author Pinki Virani acknowledges that the acts will promote a more regulated, less money-oriented fertility industry by eliminating the sale-purchase aspect of sperm and eggs and putting power in the hands of surrogates. On the other hand, Virani believes that there are still risks with IVF and third-party reproduction due to the complexity of sourcing sex cells, fertilization, implantation, and birth. In particular, she urges patients to undergo thorough screening processes to reduce the risk of genetic siblings unknowingly becoming a couple.
Ailbhe Conneely | RTÉ News | January 21, 2022
Ireland established a special joint Oireachtas committee to discuss and regulate international surrogacy, especially regarding the rights and interest of the children in order to prevent child trafficking. Legislation suggested by the committee will be integrated into the Assisted Human Reproduction Bill.
Sarah Pritchard | BioNews | December 13, 2021
The Indian Parliament approved legislation to better regulate fertility and surrogacy practices in the country and protect the health of women involved. The Assisted Reproductive Technology (Regulation) Bill 2021 aims to maintain a standard of infrastructure, equipment, and personnel at fertility clinics. The Surrogacy (Regulation) Bill 2020 proposes increased health insurance coverage to 36 months, prohibits paid surrogacy, and allows divorced or widowed women to have children through surrogacy. Criticism of the bills highlight the lack of inclusion of single parents and LGBTQ+ communities.
Bindu Shajan Perappadan | The Hindu | March 20, 2021
In India, the Parliamentary Standing Committee on Health and Family Welfare issued a report recommending that the 2020 version of the Assisted Reproduction Technology (ART) Bill exclude unmarried and same-sex couples from use of ART, arguing that would be in the best interest of the children born through those services. The Committee also suggested that the government make IVF more accessible to poor communities by opening ART facilities at every medical institute and premier hospital. The report notes the urgent need for regulation and monitoring to prevent uncontrolled commercialization of the ART industry in India.
Danny Peterson | KOIN 6 News | January 6, 2021
The Portland City Council unanimously passed an ordinance to include single and LGBTQ city employees in their fertility and family planning health benefits. Previous exclusions in coverage leading to high out-of-pocket expenses for fertility treatments, adoption, surrogacy, or fostering had disproportionate effects on marginalized communities. Elected officials expressed excitement about breaking down barriers for city employees who hope to become parents.
RAPSI | December 7, 2020
According to this article, Russia’s Civic Chamber has developed recommendations on assisted reproductive technologies, based on public hearings over the summer. These proposals will fill current legislative gaps, such as protecting children born through surrogacy and licensing intermediary surrogacy agencies.
