Article: Green Light for Australians’ Surrogate Babies to Leave Cambodia

Green Light for Australians’ Surrogate Babies to Leave Cambodia
By Lindsay Murdoch | The Sydney Morning Herald | April 3, 2017

In this update from Cambodia, a number of Australian intended parents are now being allowed to leave the country with their children. To do so, they must prove a biological link to a child and obtain a gestational mother’s approval.

The article also outlines the case against Australian nurse Tammy Davis-Charles, who is currently in jail in Cambodia for facilitating surrogacy arrangements and charging Australian intended parents $US 50,000 per child. If sentenced, Davis-Charles could spend up to two years in prison.

Read the full article >

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 >

Article: As Mexican State Limits Surrogacy, Global System is Further Strained

As Mexican State Limits Surrogacy, Global System is Further Strained
By Victoria Burnett | The New York Times | March 23, 2017

Legal in the Mexican state of Tabasco since 1997, international commercial surrogacy is now under fire in the country.

This article tracks changes to the law – restricting Mexican gestational mothers from carrying children for foreigners – with analysis of how the new policy will be implemented. It follows gestational mothers, for whom surrogacy is a vital source of income, in a state with the highest unemployment rate in the country, as well as intended parents locked in legal battle with authorities that are stalling on birth certificates after the new restriction was enforced.

With this development, Mexico is the next (fallen) chip in the global practice of international commercial surrogacy.

Read the full article >

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: 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: The Surrogacy (Regulation) Bill, 2016

The Surrogacy (Regulation) Bill, 2016
By PRS Legislative Research | 2016

In case there were any doubts, this short overview of the regulation in India is a helpful crib sheet on the legal status of commercial surrogacy in the country. Three main conditions included in the bill include:

  • The intending couple must be Indian citizens and married for at least five years with at least one of them being infertile.  The surrogate mother has to be a close relative who has been married and has had a child of her own.
  • No payment other than reasonable medical expenses can be made to the surrogate mother.  The surrogate child will be deemed to be the biological child of the intending couple.
  • Central and state governments will appoint appropriate authorities to grant eligibility certificates to the intending couple and the surrogate mother.  These authorities will also regulate surrogacy clinics.

Read the full overview and analysis >

For background and information on preceding legislation (2012), read BioNews on visa restrictions imposed by the Indian government on foreign intended parents.

Report: Ethical Use of Assisted Reproductive Technologies

Ethical Use of Assisted Reproductive Technologies
National Perinatal Association | December 2015

screen-shot-2016-12-06-at-3-06-14-pmProfessor Michele Goodwin at the University of Minnesota and Judy Norsigian have described the “raw and debilitating physical, emotional and spiritual challenges created by deeply personal and life-altering procedures” experienced by some women seeking ART and support the need for additional regulation. In addition to the invasive processes involved in conception, the ethical quandary created by a recommendation for fetal reduction and the emotional toll on women and couples may be profound and is incompletely studied. Professor Goodwin asserts there is a “much needed public discourse that could also become the clarion call for regulation of a field of medicine that has thus far unsuccessfully regulated itself.”

This position paper by the National Perinatal Association addresses the ethical use of assisted reproductive technologies. It emphasizes reducing disparities in care provided to mothers and children and makes helpful recommendations, including: single embryo transfers, counseling from a multi-disciplinary team, informed consent prior to treatment, and access to comprehensive obstetric care during and after treatment.

Read the full document >

Initiative: Responsible Surrogacy

Responsible Surrogacy is a web-based project created by a group of volunteers in Israel. It provides people considering surrogacy with information on the ethical and practical aspects of an arrangement. The information is available in Hebrew and English.

The site is facilitated by intended parents who believe “the ethical responsibility for the surrogacy process lies with the intended parents.” From the About page:

Surrogacy is a difficult process for all involved in many aspects, and it is often initiated after much hardship for the intended parents. For those in need of it, surrogacy is commonly the last hope to raise a family. They reach it exhausted but with a sense of purpose. Perhaps that is why in many cases we have encountered upon building this information center there was a tendency of intended parents to neglect one of the most important points – on the other side of this process is a person.

The website functions like a database, providing information on issues related to the health and well-being of gestational mothers, including the fairness of the contract, monetary and legal considerations, and the woman’s relationship with the intended parents.

The site’s creators believe these – and other – aspects should be considered irrespective of where an arrangement is formed, but intended parents must also seek current and accurate country-specific information for guidance.

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