‘Not Possible’: Legal Expert Explains Rules Around ‘Multiple’ Surrogates in South Africa

Athenkosi Mndende | News24 | September 20, 2021

A Russian couple had 20 infants through multiple surrogate mothers, even though neither the mother nor father had records of infertility, because they wanted to and could afford to. In this article, Adele Van der Walt, a legal expert, discusses reasons why such a case would not be possible in South Africa. South African legislation requires that there must be a permanent and irreversible medical reason why the intended mother cannot carry the birth, and that the surrogacy is altruistic. Additionally, an application to the High Court to proceed with the surrogacy arrangement  could not, in this case, show that the arrangements were in the children’s best interest.

Read the full article here ->

Gay Marriage, Adoption, Surrogacy: Revolutionary Bill Raises Hope Among LGBTQ+ Cubans

Nora Gámez Torres | Miami Herald | September 17, 2021

The Cuban government recently drafted a family code that would allow same-sex marriage, adoption by same-sex couples, and uncompensated surrogacy arrangements. Before the code passes, however, the legal framework must be approved in a national referendum, which will likely  be difficult, given opposition from religious groups. Still, LGBTQ+ allies in Cuba says the proposal already “shatters paradigms” and is “much more than what we expected,” given the repressive and homophobic history of the Cuban revolution.

Read the full article here ->

Michigan Grassroots Grow Efforts to Reverse Surrogacy Ban

Ellen Trachman | Above the Law | September 15, 2021

After the Baby M legal case in 1998, Michigan and some other US states passed laws banning surrogacy. Now Michigan remains the only state with a law that threatens felony punishment for those who assist in commercial surrogacy contracts. To prepare for Michigan Infertility Advocacy Day, members of the Michigan Fertility Alliance met and shared personal experiences about the impact of the surrogacy ban on their families.

Read the full article here ->

Make Sure New Law Doesn’t Make Surrogates ‘Useful Wombs’

Anne Else | Newsroom | August 16, 2021

New Zealand’s Adoption Act required that intended parents formally adopt a surrogate-born child from the surrogate, but this was a complicated process and sometimes left children in parentless limbo. The New Zealand Law Commission recently released two new recommended pathways related to parental recognition. The columnist advocates for the pathway that recognizes the birth mother as the legal parent at birth, who will then sign a declaration consenting to relinquish parental rights to the intended parents without a court process. She argues that this method protects the birth mother’s consent, ensures no child is stateless, and provides a simple process for intended parents to become legally recognized.

Read the full article here ->

Surrogacy Law Overhaul Could End Parents Having to Adopt Their Own Children

Cecile Meier | Stuff | August 1, 2021

This article and video detail the domestic surrogacy process in New Zealand, which requires both surrogate and intended parents to receive approval from the Ethics Committee on Assisted Reproductive Technology (ECART). The process requires medical testing, legal evaluation, and other consultations before fertility treatments begin. A recent Law Commission proposal would no longer require adoption by intended parents if they followed the ECART process. Barrett, parent of a surrogacy-born child, shows disappointment in the component of the proposal that requires the surrogate’s consent post-birth, reasoning that this should happen before conception.

Read the full article here ->

Law Commission Recommending Significant Changes to Surrogacy Law

Kate Nicol-Williams | TVNZ 1News | July 31, 2021

The New Zealand Law Commission  recommended changes to surrogacy law that would no longer require adoption by intended parents and would legally recognize their parentage from birth. In this article and accompanying video, parents of surrogacy-born children express frustration and heartbreak stemming from the current complicated legal process. Members of the Commission’s advisory group support the proposals to simplify the process, but want to maintain safeguards such as domestic rather than international surrogacy arrangements, children’s rights to information about their origins, and compensation for surrogates.

Read the full article here ->

The Surrogacy Pathway: Surrogacy and The Legal Process For Intended Parents and Surrogates in England and Wales

Gov.UK | July 23, 2021

This guidance document outlines the surrogacy process in England and Wales and includes resources for choosing a surrogacy organization, writing a surrogacy agreement, and transferring parental rights. The document also discusses legal guidance, medical testing and genetic screening, and psychological counseling for intended parents and surrogates. 

Read the full article here ->

Duckworth Pushes For Paid Leave For Pregnancy Loss

Caitlin Huey-Burns | CBS News | July 20, 2021

Illinois Senator Tammy Duckworth introduced the “Support Through Loss Act” which would require employers to provide at least three days paid leave following any reproductive loss, including miscarriage, failed adoption or surrogacy arrangement, or unsuccessful fertility procedure. Currently, the Family and Medical Leave Act allows people to take upwards of 12 weeks unpaid leave to care for a newborn or newly adopted child, but there is no paid leave program yet.

Read the full article here ->

Israeli Court Annuls Parts of Surrogacy Law Excluding Gays

AP News | July 11, 2021

In February 2020, the Israeli High Court ruled the country’s surrogacy restriction against same-sex couples and single men unconstitutional. The Court asked for changes within a year, then granted a 4-month extension after the government attributed delays to the COVID-19 outbreak. Parliament did not meet that deadline, and on July 11 the Court ruled that the amended law lifting restrictions on same-sex couples and single fathers will take effect in six months. LGBTQ advocates express that this is a “historic landmark in our struggle for equality,” noting future obstacles including legalization of same-sex marriage.

Read the full article here ->

Surrogacy Law Change: The UK Needs to Look Across The Pond

Zaina Mahmoud | BioNews | June 28, 2021

Current law in the UK automatically assigns legal motherhood to the surrogate based on gestation. To transfer legal parenthood to the intended parents, at least one parent must be a UK resident and genetically related to the baby. This commentary proposes that future UK surrogacy law reforms follow the legislation in Colorado, USA, which regulates both genetic and gestational surrogacy, requires medical screening of all parties, and recognizes non-traditional family forms.

Read the full article here ->