Article: Long Awaited Surrogacy Draft Law Finalized

Long Awaited Surrogacy Draft Law Finalized
By Ben Sokhean and Erin Handley | The Phnom Penh Post | March 7, 2018

This update from Cambodia covers recent attempts to regulate surrogacy in the country, citing government representatives concerned about the impact of the practice on human trafficking.

With a push towards altruistic surrogacy – and an offer from UN Special Rapporteur Rhona Smith to help the Cambodian government formulate a law – the article also touches on questions about the potential effectiveness and drawbacks of arrangements that are not commercial. It quotes Rodrigo Montero, gender specialist at the UN Development Program, who states that “altruistic surrogacy does not exist, it is a euphemism” and “in countries where ‘altruistic’ surrogacy is allowed we see that large amounts of money are always involved.”

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Article: Japanese Man Wins Sole Custody of 13 Surrogacy Children

Japanese Man Wins Sole Custody of 13 Surrogacy Children
By Daniel Hurst | The Guardian | Feb. 20, 2018

the guardianIn a saga that started in 2014, one of the richest men in Japan has just been granted custody of children he commissioned from Thai gestational mothers. In its ruling, the central juvenile court “found the father had no history of bad behaviour and would provide for the children’s happiness.”

This case first came to light in the regulatory upheaval following the case of Baby Gammy in Thailand, and resulted in the country’s eventual ban on international commercial surrogacy. It continues to raise questions as, according to Sam Everingham, a director of the Australia-based consultancy Families Through Surrogacy, an example of “an unacceptable abuse of the limited pool of gestational surrogates globally” and, more broadly, the ethics of a practice that does not protect the rights of the women and children involved.

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Report: Assisted Reproductive Technology Surveillance — United States, 2015

Assisted Reproductive Technology Surveillance — United States, 2015
By Centers for Disease Control and Prevention | Morbidity and Mortality Weekly Report | Feb. 16, 2018

From the introduction:

Since the first U.S. infant conceived with assisted reproductive technology (ART) was born in 1981, both the use of ART and the number of fertility clinics providing ART services have increased steadily in the United States. ART includes fertility treatments in which eggs or embryos are handled in the laboratory (i.e., in vitro fertilization [IVF] and related procedures). Although the majority of infants conceived through ART are singletons, women who undergo ART procedures are more likely than women who conceive naturally to deliver multiple-birth infants. Multiple births pose substantial risks for both mothers and infants, including obstetric complications, preterm delivery (<37 weeks), and low birthweight (<2,500 g) infants. This report provides state-specific information for the United States (including the District of Columbia and Puerto Rico) on ART procedures performed in 2015 and compares birth outcomes that occurred in 2015 (resulting from ART procedures performed in 2014 and 2015) with outcomes for all infants born in the United States in 2015.

Read the full report >

Article: In Search of Surrogates, Foreign Couples Descend on Ukraine

In Search of Surrogates, Foreign Couples Descend on Ukraine
By Kevin Ponniah | BBC News | Feb. 13, 2018

Foreign couples have been coming to this corner of Europe in droves since 2015, when surrogacy hotspots in Asia began closing their industries one-by-one, amid reports of exploitation. Barred from India, Nepal and Thailand, they turned to Ukraine, one of the few places left where surrogacy can still be arranged at a fraction of what it costs in the US.

This article covers the “rise” of Ukraine as a destination for intended parents hoping to form families via surrogacy. It follows Ana, who became a gestational mother at 21 years and, at 24 years, is carrying another pregnancy for Japanese intended parents she will never meet.

It also provides a short overview of the current surrogacy law in Ukraine, the main tenets of which are as follows:

  • Surrogacy is available to heterosexual, married couples able to prove they cannot carry a baby themselves for medical reasons.
  • At least one parent must have a genetic link to the baby.
  • The intended parents are on the Ukrainian birth certificate; the gestational mother has no legal right to claim custody of the child.

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Report: Multiple Pregnancies Following Assisted Conception

Multiple Pregnancies Following Assisted Conception
By T. El-Toukhy, S. Bhattacharya and V. A. Akande | Royal College of Obstetricians and Gynaecologists | February 2018

First published in 2011, under the same title, this report raises an alarm about the risks of multiple pregnancies in assisted reproduction, resulting from the common practice of transferring multiple embryos. Maternal complications, according to the report, include increased risk of pregnancy-induced hypertension, gestational diabetes, peripartum haemorrhage, operative delivery, postpartum depression, and heightened symptoms of anxiety and parenting stress. Multiple pregnancy is also associated with a six-fold increase in the risk of preterm birth, which is a leading cause of infant mortality and long-term mental and physical disabilities, including cerebral palsy, learning difficulties and chronic lung disease.

Read the full report >

Read a summary, along with RCOG’s recommendation that IVF be fully funded by the National Health Service, as a step towards reducing multiple pregnancies and related risks.

 

Book: Gender Before Birth: Sex Selection in a Transnational Context

Gender Before Birth: Sex Selection in a Transnational Context
By Rajani Bhatia | University of Washington Press | 2018
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From the publisher’s website:

In the mid-1990s, the international community pronounced prenatal sex selection via abortion an “act of violence against women” and “unethical.” At the same time, new developments in reproductive technology in the United States led to a method of sex selection before conception; its US inventor marketed the practice as “family balancing” and defended it with the rhetoric of freedom of choice. In Gender before Birth, Rajani Bhatia takes on the double standard of how similar practices in the West and non-West are divergently named and framed.

Bhatia’s extensive fieldwork includes interviews with clinicians, scientists, biomedical service providers, and feminist activists, and her resulting analysis extends both feminist theory on reproduction and feminist science and technology studies. She argues that we are at the beginning of a changing transnational terrain that presents new challenges to theorized inequality in reproduction, demonstrating how the technosciences often get embroiled in colonial gender and racial politics.

 

Video: Deseos (“Longing”)

Deseos
By GIRE Mexico | 2017

GIRE, a Mexico-based organization that has studied, documented, published, and advocated on international recently released a documentary on the practice in 2017. “Deseos” or “Longing” follows Mirna, a divorced gestational mother with three of her own and shines a critical light on the lack of regulation around surrogacy in Mexico.

Visit GIRE’s website and read the organization’s latest report on surrogacy in Mexico. In it, GIRE offers a comprehensive overview of the current status of surrogacy, the scope of the debate around the practice, legal frameworks, cases, and recommendations. The last includes, for example:

  • Legislation that defines surrogacy as a contract between gestational mothers and intended parents.
  • Decriminalization of all the parties involved, including any criminalization based on nationality, sexual orientation, marital status, and age.
  • Quality and confidential health and legal care for gestational mothers.
  • Guarantees that costs related to pregnancy, birth, and postpartum be covered by intended parents (regardless of birth outcomes).
  • Contract revisions be contingent on the involvement of a competent notary/judge and consent of all parties.
  • Notifications of relevant state and federal authorities to avoid problems related to registration, legal parentage, and citizenship while contracts are valid or after birth.

Read the full report > 

Article: Ethical Case for Abolishing All Forms of Surrogacy

Ethical Case for Abolishing All Forms of Surrogacy
By Catherine Lynch | Sunday Guardian | Oct. 28, 2017

This is the fifth installment of an ongoing series called “Global Child Rights, and Wrongs,” focussing on global child rights within the field of reproductive technologies.

While these are often discussed in terms of the rights of adults to have children, there is very little discussion from the perspective of the child born of such technologies.

Dr. Lynch, an Australian lawyer and adoptee rights activist, addresses this gap with an essay on the ethics of surrogacy and an argument to ban all forms of the practice.

Here is an excerpt:

As an adoptee, I was removed at birth from my gestational mother, her breasts bound for three days in another room while I screamed for her, and my hospital records record my growing distress. Adoptees around the world testify to their battles with depression and rage, difficulties in trusting and attachment, and a profound sense of loss and grief caused by the loss of their mothers at birth. Scientific studies prove that maternal-neonate separation in the crucial months after birth disturbs the baby’s heart rate and sleep and other biological systems, predisposing the child to difficulties later in life which can include relationship and emotional difficulties, mental disorders and illnesses. In taking a child-centered view of surrogacy, we must take into account what we know of the trauma and confusion of separation from the natural family, especially from the birth mother, experienced by adoptees.

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Article: India Outlawed Commercial Surrogacy – Clinics Are Finding Loopholes

India Outlawed Commercial Surrogacy – Clinics Are Finding Loopholes
By Sharmila Rudrappa | The Conversation | Oct. 23, 2017

This roundup of the legal status of commercial surrogacy in India studies the effectiveness of bans, the responsive agility of surrogacy providers, and the ultimate impact on the human rights of gestational mothers.

Authored by Sharmila Rudrappa, a respected researcher and author in the field, it presents current arguments for and against criminalization. Exploring altruistic surrogacy, which is the only arrangement allowed in India at this time, the article ends with important questions on whether gestational mothers would be better protected if commercial transactions were toughly regulated rather than outlawed.

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Report: Toward a Strengthened Assisted Human Reproduction Act

Toward a Strengthened Assisted Human Reproduction Act
By Health Canada | July 11, 2017

This report tracks steps taken by the Government of Canada towards strengthening the country’s Assisted Human Reproduction Act and supporting regulation. It focuses on three specific areas: the safety of donor sperm and eggs; the process, scope, and documentation related to reimbursement; administration and enforcement.

The purpose of the document, according to its introduction, is to provide Canadians with an overview of key policy proposals that will help inform the development of regulations and engage citizens prior to finalizing policy. Several members of Impact Ethics participated in a public consultation (read the summary), including Françoise Baylis, co-editor of “Family Making: Contemporary Ethical Challenges.”

Read the full report >

Read a commentary on Health Canada’s efforts to reboot the Assisted Human Reproduction Act, contributed to the International Journal of Feminist Approaches to Bioethics by Francine Coeytaux (Co-Director of Pro-Choice Alliance for Responsible Research), Marcy Darnovsky (Executive Director of Center for Genetics and Society), Susan Berke Fogel (Co-Director of Pro-Choice Alliance for Responsible Research), and Emily Galpern (Consultant at Center for Genetics and Society).