Article: Legal Controversy Might Lead to Ban of Surrogacy in Russia

Legal Controversy Might Lead to Ban of Surrogacy in Russia
By RT News | March 27, 2017

Russia is considering a ban on surrogacy until a review of the existing law is complete. This article briefly explains the current status of the practice and the direction of future legislation – both of which are heavily influenced by the Russian Orthodox Church, a longstanding voice against all forms of surrogacy and public in its opinion of the practice as a threat to traditional marriage, childbearing, and family formation.

Read the full article >

Study: IVF Has Little Effect on Health of the Child

IVF Has Little Effect on Health of the Child
By Jordana Bell, Jeffrey Craig and Juan Castillo-Fernandez | The Conversation | March 28, 2017

A new study has been published on risks to children conceived via IVF. According to the researchers at King’s College London and Murdoch Children’s Research Institute, fears of commonly assumed risks are “largely unfounded” and the long-term health effects of IVF are still relatively unknown.

A summary of the study discusses the role of epigenetics in the development of health problems in twins conceived naturally and via IVF. While epigenetic influence has been identified in conditions such as cancer and mental illness, the researchers observe no such differences in children conceived by IVF. They conclude on a reassuring note, for people who have used and have children via IVF, along with a call for more studies to confirm whether smaller epigenetic changes they observed during the study remain over time.

Read the full summary and the report >

Book: Babies for Sale? Transnational Surrogacy, Human Rights and the Politics of Reproduction

Babies for Sale? Transnational Surrogacy, Human Rights and the Politics of Reproduction
Editor: Miranda Davies | Zed Books | March 2017
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From the publisher’s website:

Featuring contributions from over thirty activists and scholars from a range of countries and disciplines, this collection offers the first genuinely international study of transnational surrogacy. Its innovative bottom-up approach, rooted in feminist perspectives, gives due prominence to the voices of those most affected by the global surrogacy chain, namely the surrogate mothers, donors, prospective parents and the children themselves. Through case studies ranging from Israel to Mexico, the book outlines the forces that are driving the growth of transnational surrogacy, as well as its implications for feminism, human rights, motherhood and masculinity.

Our Bodies Ourselves is a contributor to the anthology, along with an impressive line up of experts in the field. (Read the table of contents.)

In a chapter titled “Frequently Unasked Questions: Understanding and Responding to Gaps in Public Knowledge of International Surrogacy Practices Worldwide,” Our Bodies Ourselves shares findings from an analysis of publicly-accessible information on international commercial surrogacy. This includes a random survey of news media articles and the websites of select international agents. The chapter also introduces readers to this information clearinghouse on the practice.

The Our Bodies Ourselves blog recently posted an article, authored by staff member Ayesha Chatterjee, on the contribution made by “Babies for Sale?” to literature on international commercial surrogacy.  

For a special 40 percent discount, buy the book on the Zed website using the code “BABIESZED.” This offer is time limited and will end May 31, 2017. 

Article: The Practical Case for Legalizing Surrogacy

The Practical Case for Legalizing Surrogacy
By Ding Chunyan | Sixth Tone | March 22, 2017

I propose that we legalize altruistic gestational surrogacy — that is, procedures involving a third-party surrogate mother with no biological relation to the child, and who receives no financial compensation for taking on the role. To protect the interests of the surrogate mother, the intended parents, and the surrogate child, the government should establish clear rules specifying the qualifications for both the surrogate mother and intended parents, as well as the conditions for surrogacy, the restrictions on reimbursement, the privacy of those involved, and the child’s right to know of that it was born from the arrangement.

Citing laws that are, in the author’s opinion, “simply not up to the task of solving the current complex tangle of legal and regulatory problems related to surrogacy,” this article chronicles issues facing surrogacy in China. It includes: the rampant use of non-ARTs – not covered by regulation – in surrogacy arrangements; judicial bias towards genetic parentage; precedents set by divorce cases that have not always granted custody to the more “capable” parent; and the rise of entities and a “black market” willing to violate law.

Legalizing altruistic surrogacy is the proposed fix by Ding Chunyan, an associate professor at the Law School of Hong Kong City University, along with the creation of a neutral oversight body. Success, in her opinion, is also pinned on her proposal to ban commercial surrogacy.

Read the full article >

Article: Women Fear Drug They Used to Halt Puberty Led to Health Problems

Women Fear Drug They Used to Halt Puberty Led to Health Problems
By Christine Jewett | Kaiser Health News | Feb. 2, 2017

Lupron is most often linked to egg retrieval. (See Egg Providers and other articles in this section, such as Diane Tober’s piece on Rewire, for more information.)

Few people might be aware of Lupron’s use to treat central precocious puberty (PP) or growth issues in young children. Kaiser Health News and Reveal from The Center for Investigative Reporting track the effects of the drug on adults exposed to it as children, to treat PP. The article follows Sharissa Derricott, now 30 years and living in the U.S. state of Oklahoma, and others who have suffered a laundry list of physical and emotional problems as a result.

Read the full article > 

In a related piece by Lynne Millican, people are invited to share their own experiences with Lupron. Learn more about Lynne’s personal journey on Impact Ethics and visit her website.

Article: UK Court of Appeals Rules that Baby Should Live With Surrogate

UK Court of Appeals Rules that Baby Should Live With Surrogate
By NGA Law

This blog is published by a UK-based law firm that specializes in modern family law and has, reportedly, handled many of the UK’s leading cases on surrogacy, assisted reproduction, and LGBT families. It analyzes the rejection of an appeal by a same-sex couple for parental rights and physical custody of their surrogate-delivered child, currently living with the gestational mother in compliance with an earlier court order. It discusses the significance of the case for same-sex intended parents living in the UK and provides suggestions to address “common fears” related to perceptions that surrogacy arrangements frequently involve legal disputes and can result in gestational mothers being granted parental rights.

Read the full blog >

Another case – the fifth in the UK – recently tested the country’s legal framework around international commercial surrogacy. In November, a court ruled against a gestational mother’s attempt to keep the child, but complicated matters by granting her restricted visitation. While UK courts have historically decided parental disputes based on the best interests of the child, there are calls for more consistency when such disputes emerge. All eyes are on the Law Commission, which is expected to tackle the issue in the near future. Watch this space.

 

Book: Modern Families: Stories of Extraordinary Journeys to Kinship

Modern Families: Stories of Extraordinary Journeys to Kinship
By Joshua Gamson | NYU Press | 2015
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From the publisher’s website:

From adoption and assisted reproduction, to gay and straight parents, coupled and single, and multi-parent families, the stories in Modern Families explain how individuals make unconventional families by accessing a broad range of technological, medical and legal choices that expand our definitions of parenting and kinship. Joshua Gamson introduces us to a child with two mothers, made with one mother’s egg and the sperm of a man none of them has ever met; another born in Ethiopia, delivered by his natural grandmother to an orphanage after both his parents died in close succession, and then to the arms of his mother, who is raising him solo.

These tales are deeply personal and political. The process of forming these families involved jumping tremendous hurdles—social conventions, legal and medical institutions—with heightened intention and inventiveness, within and across multiple inequities and privileges. Yet each of these families, however they came to be, shares the same universal joys that all families share.

From the book’s foreword by Melissa Harris-Perry, Maya Angelou Presidential Chair and Professor of Politics and International Affairs at Wake Forest University and, formerly, host of MSNBC’s Melissa Harris-Perry:

These family making journeys raise hard questions, but offer no formulaic answers. These are stories of choices made consciously and sometimes uncomfortably to create and combine lives amidst the messy human realities of desire, commerce, science, faith, community and family. This collection is not a roadmap; it is a companion for all those who choose to navigate the world of modern kinship.

Report: Perinatal Risks Associated with Assisted Reproductive Technology

Perinatal Risks Associated with Assisted Reproductive Technology
The American College of Obstetricians and Gynecologists | Committee Opinion Number 671 | September 2016

screen-shot-2016-12-12-at-3-58-25-pmPerinatal risks that may be associated with assisted reproductive technology (ART) and ovulation induction include multifetal gestations, prematurity, low birth weight, small for gestational age, perinatal mortality, cesarean delivery, placenta previa, abruptio placentae, preeclampsia, and birth defects. Although these risks are much higher in multifetal gestations, even singletons achieved with ART and ovulation induction may be at higher risk than singletons from naturally occurring pregnancies.

ACOG’s report recognizes the importance of ARTs for infertile couples but, in the spirit of informed consent, it provides a comprehensive outline of related perinatal risks.

To promote optimal outcomes, ACOG suggests that patients receive counseling and a thorough medical evaluation; and that obstetrician–gynecologists and other health care providers address maternal health problems or health conditions before initiating treatment and, when proceeding, make every appropriate effort to achieve a singleton gestation.

Read the full report >

Article: Is a Surrogate a Mother?

Is a Surrogate a Mother?
By Michelle Goldberg | Slate | Feb. 15, 2016

61hi6szbudl “Surrogacy’s been distinguished as something completely different from adoption,” says Lisa Ikemoto, a UC Davis School of Law professor who specializes in reproductive rights and bioethics. Unlike in adoption, there’s no legally required screening of intended parents. A pregnant woman who offers to give her baby up for adoption can reconsider her decision; in California, a pregnant surrogate cannot. To a large extent, the law “puts a lot of trust in a surrogacy center to make sure that these things are carried out appropriately,” Ikemoto says. “It’s very industry-friendly, and by ‘industry,’ I’m referring to the fertility industry.”

This article provides an overview of the Melissa Cook case — the story of a 47-year old woman in California who agreed to become a gestational mother and the “battle” that followed, between her and the intended parent, once she became pregnant with triplets.

Though based in the United States, a number of issues that emerged in the case have also been documented in international commercial surrogacy arrangements. This includes legal concerns related to contracts and their enforcement, practices that can impact the health of gestational mothers (such as reductions), and implications on the children that are born.

For those interested, the article also provides a lot of useful information on the 1986 Baby M case — the first contested surrogacy case in American history. Read the full article >

Report: Global Surrogacy Practices

Global Surrogacy Practices
By Marcy Darnovsky and Diane Beeson | ISS Working Paper Series / General Series Vol. 601

This report summarizes discussions of participants in Thematic Area 5 (Global Surrogacy Practices) of the International Forum on Intercountry Adoption and Global Surrogacy held in August 2014. The full text is available for download.

From the press release:

We are pleased to announce the publication of Global Surrogacy Practices, co-authored by CGS Executive Director Marcy Darnovsky and CGS Fellow Diane Beeson. The 54-page report is based on presentations and discussions at the International Forum on Intercountry Adoption and Global Surrogacy, a landmark conference that brought together nearly a hundred scholars, women’s health and human rights advocates and policymakers from 27 countries at the International Institute of Social Studies this past summer.

The Forum took place in the wake of international headlines about disturbing cross-border surrogacy incidents, including one case in which an Australian couple abandoned their baby son, who has Down syndrome, with his Thai surrogate mother.

“The Forum provided an unprecedented opportunity for advocates and scholars working on intercountry adoption and on intercountry surrogacy to jointly consider the many concerns that have emerged in connection with these practices,” said CGS Executive Director and report co-author Marcy Darnovsky.

“The conversations centered on ways to improve international standards around the evolving practices of cross-border adoption and surrogacy, in which children typically move from poorer to wealthier countries,” said Kristen Cheney, Forum organizer and Senior Lecturer in Children & Youth Studies at International Institute of Social Studies.

Read the full report >

Diane Beeson is co-founder and associate director of the Alliance for Humane Biotechnology. Marcy Darnovsky is executive director of the Center for Genetics and Society.