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.
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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.
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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.
The Dwindling Options for Surrogacy Abroad
By Danielle Preiss and Pragati Shahi | The Atlantic | May 31, 2016
This comprehensive article covers international commercial surrogacy laws around the world, with emphasis on and the implications of recent legal changes in India, Thailand, and Nepal. It follows an Australian couple, forbidden from paying gestational mothers in their own country, on a journey that spans Israel (the location of their agency), India (where their gestational mother lives), and Nepal (where she travels for embryo transfer and the birth) — with helpful insights on the effects of such arrangements on the children that are caught in the middle.
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The Guys Next Door
Directors: Allie Humenuk and Amy Geller | A Squared Films | 2016
THE GUYS NEXT DOOR (Trailer) from Allie Humenuk on Vimeo.
Humenuk and Geller spent over three years filming this intimate portrait of a gay couple with two daughters birthed by their close friend. THE GUYS NEXT DOOR explores the struggles and possibilities that creating family brings. It is a timely film that both embraces and transcends gay rights and gay families. In the words of esteemed documentary filmmaker Ross McElwee (Sherman’s March), “with nuance, verve and humor, this film explores the humanity that connects us all.”
Visit the film’s website >
Israel Evacuates Surrogate Babies From Nepal but Leaves the Mothers Behind
By Debra Kamin | Time | April 28, 2015
This article follows the surrogacy relationship between Israel and Nepal, with a focus on Nepal after the 2015 earthquake. It describes the Israeli government’s evacuation of (Israeli) intended parents and their children, as well as resulting international criticism at leaving behind the gestational mothers that gave birth to the newborns.
The article also questions current law in Israel, which only allows heterosexual couples to use surrogacy in the country.
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For more, listen to “Birthstory,” a podcast about a gay couple from Israel that were in Nepal to pick up their surrogacy-delivered children when the earthquake hit.
By Molly Webster | Radiolab, WNYC Studios | Nov. 22, 2015
Birthstory is a collaboration with the radio show and podcast Israel Story, It traces the journey of a gay couple from Israel that travel to Nepal to pick up their surrogacy-delivered children. While there, Nepal is hit by a devastating earthquake, resulting in the controversial decision by the Israeli government to evacuate its citizens – and their children – but leave behind the gestational mothers. The story follows the couple home, their efforts to contact the (two) gestational mothers, and their reactions on hearing how the women have been treated by the agency in between.
Listen to the full podcast >