UK High Court awarded woman damages for surrogacy following missed cervical cancer diagnosis

In a legal first, the UK High Court has awarded costs of £74,000 to a woman for surrogacy following a delay in detecting cancer in smear tests and biopsies.

This first of its kind award from a UK High Court formed part of an overall damages award of £580,600.

As a result of a delayed diagnosis, the claimant developed invasive cancer of the cervix and required chemo-radiotherapy treatment.  This treatment rendered her infertile and caused severe damage to her bladder, bowel and vagina.  The late diagnosis meant she was unable to undergo fertility sparing surgery, which would otherwise have been available to her. The claimant, then 29, had always wanted a large family and postponed urgent cancer treatment twice for alternative medical opinions.  She also underwent a cycle of ovarian stimulation and harvested and froze 12 eggs before undergoing surgery and chemo-radiotherapy. The Defendant admitted liability and the case focused on the level of damages to be awarded to the Claimant.UK high court

Women awarded damages for surrogacy following missed cervical cancer diagnosis

In a legal first, the English High Court has awarded costs of £74,000 to a woman for surrogacy following a delay in detecting cancer in smear tests and biopsies. This first of its kind award formed part of an overall damages award of £580,600.

Michaelmores Blog by By Louisa Ghevaert

As a result of a delayed diagnosis, the claimant developed invasive cancer of the cervix and required chemo-radiotherapy treatment.  This treatment rendered her infertile and caused severe damage to her bladder, bowel and vagina.  The late diagnosis meant she was unable to undergo fertility sparing surgery, which would otherwise have been available to her. The claimant, then 29, had always wanted a large family and postponed urgent cancer treatment twice for alternative medical opinions.  She also underwent a cycle of ovarian stimulation and harvested and froze 12 eggs before undergoing surgery and chemo-radiotherapy. The Defendant admitted liability and the case focused on the level of damages to be awarded to the Claimant.

In giving judgment Sir Robert Nelson allowed the claim for the cost of two surrogacies in the UK but rejected the claim in respect of costs for surrogacy in California on UK public policy grounds.  He also rejected a claim for the cost of donor eggs saying this was not truly restorative of the claimant’s loss.

Louisa Ghevaert, Head of the Fertility and Parenting team at Michelmores, provided expert evidence in this case.  In doing so, Louisa expressed the view that surrogacy law in the UK is “due for reform as life has moved on”.  In relation to that evidence Sir Robert Nelson stated:

“… Ms Ghevaert may be right in saying that attitudes have changed and are indeed changing in relation to surrogacy but such change must be brought about by the Law Commission and Parliament, or perhaps the Supreme Court.”

Michelmores Blog by By Louisa Ghevaert, September 19, 2017

Click here to read the entire blog.

Israeli government ends opposition to same-sex adoption

The Israeli government on Tuesday formally ended its opposition to adoption rights for same-sex couples.

Haaretz, an Israeli newspaper, cited media reports that indicate the Israeli Ministry of Labor, Social Affairs and Social Services told the State Attorney’s Office “it has no objection to the practice.”

Same-sex couples in Israel are able to adopt children, but Haaretz reports they can “only adopt children for whom no adoptive heterosexual married couple can be found.” The newspaper notes gay and lesbian couples must wait longer to adopt than those who are heterosexual and Israeli law considers adoptive parents who are of the same sex “individual adoptive parents.”Israel Surrogacy

The Association of Israeli Gay Fathers and the Israel Religious Action Center challenged the law in a petition with the Israeli Supreme Court it filed against the Ministry of Labor, Social Affairs and Social Services and Attorney General Avichai Mendelblit. Haaretz last month reported Prime Minister Benjamin Netanyahu’s government in a brief said, “it has been decided by the professional bodies in the Labor, Social Affairs and Social Services Ministry not to act at the present time to change the existing law.”

Haaretz on Tuesday reported the ministry’s new adoption criteria “will address the potential parents’ suitability for a given child, regardless of sexual orientation.” The Knesset has to formally act on amending the country’s adoption law in order for the proposed regulations to take effect.

“By acknowledging that same-sex couples are able to be parents and adopt, the Ministry of Social Services has straighten line (sic) with experts and the Israeli public,” Chen Arieli, chair of the Aguda, the Israeli National LGBT Task Force, told the Washington Blade in a statement. “Now it’s time for members of the Knesset to do their part, and we expect them to change the law as soon as possible.”

by Michael Lavers – washingtonblade.com, August 30. 2017

Click here to read the entire article.

Chilean president introduces same-sex marriage, adoption bill

Chilean President Michelle Bachelet on Monday introduced a bill that would extend marriage and adoption rights to same-sex couples.

Ronaldo Jiménez, president of the Movement for Homosexual Integration and Liberation, a Chilean LGBT advocacy group, is among those who attended the announcement that took place at the presidential palace in the country’s capital of Santiago. Nicolás Levy, the Washington Blade’s correspondent in Chile, was also in attendance.

“The president begins the act of signing a marriage equality bill,” said Jiménez in a tweet that included a picture of Bachelet at the ceremony. “That’s how we like Chile.”

Same-sex couples have been able to enter into civil unions in the South American country since October 2015.

The Movement for Homosexual Integration and Liberation in 2012 filed a lawsuit with the Inter-American Commission on Human Rights on behalf of three same-sex couples who are seeking marriage rights in the South American country. Bachelet’s government agreed to introduce a marriage and adoption bill as part of an agreement it reached with the group in June 2016.

by Mike Lavers, Washingtonblade.com, August 28, 2017

Click here to read the entire article.

India Declares Freedom Of Sexual Orientation A Fundamental Right

India’s Supreme Court – “Equality demands that the sexual orientation of each individual in society must be protected on an even platform.”

Another win for love. 

India’s Supreme Court has given the country’s gay, lesbian, bisexual and trans community the freedom to safely express their sexual orientation. In a historic decision on Thursday, the nine-judge panel declared that an individual’s sexual orientation is protected under the country’s Right to Privacy law.gay family law

“Sexual orientation is an essential attribute of privacy,” the decision reads. “Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform.”

Although the Supreme Court did not directly overturn any laws criminalizing same-sex relationships, the language of the court decision offers hope to the LGBTQ community. The judges expressly state sexual orientation falls under an individual’s right to privacy, a constitutional right, and that no individual should be discriminated against based on their orientation.  

Going forward, this can establish a precedent as organizations challenge discriminatory laws in court, and offer protection against discrimination in places such as the workforce.

This could even deliver a death blow to an oppressive and controversial law in the Indian Penal Code. Section 377 is a law that limits a citizen’s right to express their gender identity or sexual orientation in consensual relationships. In 2013, another panel of the Supreme Court upheld Section 377. 

India’s traditional culture can make it difficult for people who are LGBTQ to be open about their orientation, but some are still challenging the country’s norms. Prince Manvendra Singh Gohil came out in 2006, making him the country’s first openly gay prince. Since then, he has been fighting for the Indian LGBTQ community. 

Prince Manvendra started a grassroots campaign in 2014 called “Free Gay India” to campaign for LGBTQ rights. He has put a spotlight on the oppression as a guest on “The Oprah Winfrey Show” and was recently on an episode of “Keeping Up With The Kardashians.” 

Israel High Court says it’s in favor of surrogacy for same-sex couples

Assistant chief justice indicates it’s time to widen access to additional family units; ruling delayed for 6 months

The High Court of Justice in Israel has said gay people have the right to become parents through surrogacy, giving campaigners hope of amending legislation that makes only a man and woman eligible.

However, a final ruling has been delayed for six months.finding a surrogate mother

Assistant Chief Justice Salim Joubran on Thursday told gay couples, single women and advocacy groups who petitioned the court that it was time for “widening access to surrogacy in Israel to additional family units which are not included today,” according to documents seen by AFP.

“I find it hard to agree with a situation which prevents single people and same-sex couples fulfilling their right to become parents through surrogacy agreements,” he said.

“I myself cannot see any justice in giving preference to heterosexual parenting over same-sex parenting,” added Joubran, whose comments in court came the same day as thousands attended a Gay Pride parade under police protection in Jerusalem.

But Joubran, in his last decision before retiring from the bench, postponed for six months a ruling on the suit, in order to allow a new draft law, currently before parliament, to be finalized.

“The time is not yet ripe to rule on the petitions in light of the legislative process in process in parliament,” he said.

The new bill has passed its first reading and is now before a committee preparing it for its second and third readings.

As it stands, the draft still bars same-sex couples and single gay men, but it would extend surrogacy to single women on condition that the host is genetically related to the woman whose eggs are implanted into her.

The judge said the bill was likely to be amended at the committee stage to reflect at least some of the concerns raised by the petitioners, and the court could then make its ruling based on the final document.

August 4, 2017

Click here to read the entire article.

Czech Republic Constitutional Court Recognizes Same-Sex Couple’s Parenthood

The Czech Republic Constitutional Court decided on 24 July 2017 in a landmark ruling to recognize a same-sex couple’s parenthood which was already valid in a foreign country.

The decision is about a Czech and a Dane who were married in the USA and raise two children by surrogate mother. California laws consider both men parents since the children’s births, and both men’s names are in the California birth certificate. The parents have been trying to get both their names, not just one, written in the Czech birth certificate, a move the Czech Supreme Court has rejected in the past, claiming it would go against the public order. The Constitutional Court’s ruling today gives both partners, who have been raising together the children ever since they were born, the hope that their rights and obligations towards the children will be recognized in the Czech Republic, as well, and that the children will be entitled to receive care from both parents.Czech Republic

“We are happy that the Constitutional Court decided in our favor. We hope that we will soon be able to obtain Czech birth certificates for our children, and both our names will be on them, as parents. We will be less afraid of all the complications that might occur during our visits to my family in the Czech Republic, or in case we decide to move to the Czech Republic”, said Jiří Ambrož, the Czech father of the two children.

Today’s ruling of the Constitutional Court, however, only applies to parenthood originating abroadGays and lesbians in the Czech Republic are still unable to adopt children as a couple, nor can one of them adopt the partner’s child. Today’s ruling therefore leaves the gay and lesbian parents in a half-way position. It is the same situation as in the case of last year’s ruling by the Constitutional Court, which repealed the ban for a person living in `registered partnership` to adopt children individually, but did not make possible joint adoptions by the two partners. Moreover, today’s decision to recognize parenthood originating abroad does not apply to surrogate parenthood in the Czech Republic, something that exists, but is not regulated by specific laws. The Czech state is thus spinelessly ignoring the needs and legal certainties not only of a considerable number of children growing up in the families of same-sex couples, but also of the children born to heterosexual couples by surrogate mothers.

Surrogate motherhood

Substitute or surrogate motherhood is a procedure where the biological parent’s embryo is carried and delivered by a substitute mother. She gives birth to the child and then give up her parenthood rights. This service is used by childless heterosexual couples, but also by gay couples who use an ovule from a donor. While in many Western countries this substitute motherhood is a regulated procedure, with licensed agencies, in the Czech Republic surrogate motherhood is kept in a ‘gray’ legal area.international surrogacy

The case of Jiří Ambrož’s family –background

Jiří Ambrož and his husband have two children, a 5 year-old daughter and a 4 year-old son. Founding his claim on the principle that a child born to a Czech citizen, or adopted by such a citizen becomes a Czech citizen, the Czech father of the two children asked the Czech population register office (“matrika”) to register the two children, issue them a Czech birth certificate and confirm their state citizenship.

In the case of the young boy, the Supreme Court recognized the Czech citizen’s parenthood. The boy was therefore registered by the Czech population office and has a Czech birth certificate and a confirmation that he is a Czech citizen, but in those papers there is just one parent name. The application for the registration of the second parent was rejected by the Supreme Court because it would go against the public order, since the Czech law does not allow two people of the same sex to jointly adopt children. The Supreme Court identified in that reality a fundament of the Czech law, which it said should be observed. The two parents and their legal representatives decided therefore to file a constitutional complaint.

Press release from www.praguepride.cz – July 24, 2017

Click here to read the entire press release.

German President OKs Gay Marriage Law, Takes Effect in Fall

Germany’s president has signed legislation legalizing gay marriage, his office said Friday, paving the way for the bill to take effect this fall. 

BERLIN — Lawmakers approved the bill on June 30 in parliament’s last session before Germany’s September election. The move became possible after Chancellor Angela Merkel, whose conservative party had long been reluctant to budge on the issue, said she would allow its lawmakers to vote according to their conscience.Germany

The presidential office said President Frank-Walter Steinmeier signed the legislation on Thursday. That means it will come into force Oct. 1 at the earliest. 

Germany has allowed same-sex couples to enter civil partnerships since 2001, but until now has not granted them full marital rights including the possibility of jointly adopting children. The change brings it into line with many other western European countries.

NBCNews.com via Associated Press – July 21, 2017

Click here to read the entire article.

French High Court Grants New Rights to Gay Parents

French gay couples with children born to foreign surrogate mothers won a key victory Wednesday, with the country’s highest appeals court ruling that the partner of the biological father could adopt the child born through gestational surrogacy.

Surrogacy, when a woman carries a child for a couple that cannot conceive — sometimes for financial gain — is banned in France.

Some gay couples have turned to surrogate mothers in countries such as the United States, where the practice is legal in some states, in order to have children.

 Until now, however, France has refused to recognise the partner of the biological father as one of the child’s parents.

 Weighing in on an issue that has divided French liberals and conservatives, the Cour de Cassation refused a request that French authorities automatically recognise the two parents listed on the foreign birth certificate.

But it ruled that the father’s partner could apply to adopt the child, in line with a 2013 law allowing both gay marriages and adoptions.

Patrice Spinosi, lawyer for a gay couple whose child was born to a surrogate mother in California, welcomed the “third way” ruling.

“It’s not entirely satisfactory for all families but it allows children born to surrogate mothers to have a filial relationship with both their parents — their biological father and their sociological parent (the other partner in the couple),” he said.

Up until 2015, France refused to recognise surrogate children as French citizens a hardline stance that left the children in limbo.

After being rapped by the European Court of Human Rights, France eventually agreed to give the children birth certificates and recognise their biological fathers.

Towleroad.com via RFI, July 6, 2017

Click here to read the entire article.

Parliament in Germany Approves Same-Sex Marriage

Lawmakers in Germany voted on Friday to allow same-sex marriage after a brisk but emotional debate in Parliament, setting the stage for the country to join more than a dozen European nations — including Ireland, France and Spain — in legalizing such unions.

BERLIN — The historic decision came with a swiftness rare in Germany’s usually staid politics, after Chancellor Angela Merkel unexpectedly eased her conservative party’s opposition to gay marriage and said she would allow lawmakers to vote their conscience on the measure, although she ultimately voted against it.

Ms. Merkel’s softened resistance paved the way for her coalition partners in the Social Democratic Party and two other political groups to press for Friday’s vote, which passed 393 to 226, with four abstentions.marital trust

“If the Constitution guarantees one thing, it is that anyone in this country can live as they wish,” Thomas Oppermann, the parliamentary leader of the Social Democrats, said in opening the floor debate. “If gay marriage is decided, then many will receive something, but nobody will have something taken away.”

His remark was clearly intended to defuse conservatives — including Ms. Merkel — who argued that the Constitution protected conventional marriage.

The chancellor explained her stance in a two-minute statement after the vote, saying that she had come to support the right of same-sex couples to adopt but maintained her view that marriage remained a union between a man and a woman.

“I hope that with today’s vote, not only that mutual respect is there between the individual positions, but also that a piece of social peace and togetherness could be created,” Ms. Merkel said.

Axel Hochrein, a board member of the Lesbian and Gay Federation in Germany who attended the parliamentary debate, expressed no bitterness toward Ms. Merkel, even though he had said Thursday evening that he thought she was leaning toward supporting the measure.

Click here to read the entire article.

Court Ruling Could Make Taiwan First Place in Asia to Legalize Gay Marriage

In a ruling that paves the way for Taiwan to become the first place in Asia to recognize same-sex marriage, the constitutional court on Wednesday struck down the Civil Code’s definition of marriage as being only between a man and a woman.

TAIPEI, Taiwan — The legislature now has two years either to amend the Civil Code or to enact laws addressing same-sex couples.

If the legislature fails to pass an amendment or legislation in the next two years, same-sex couples “shall be allowed to have their marriage registration effectuated at the authorities in charge of household registration,” the court wrote in a news release.gay family law

Cindy Su, of the Lobby Alliance for LGBT Human Rights, said she was “excited and proud” of the court’s ruling, but also eager to see legislation passed as soon as possible. “We hope that we don’t have to wait another two years before we can get married,” said Ms. Su, whose marriage to her partner in Canada was not recognized in Taiwan.

The court’s ruling came in response to two petitions to review the current law, one brought by Chi Chia-wei, a longtime gay rights campaigner. Mr. Chi favors amending the Civil Code to define marriage as a union of two spouses, arguing that a separate marriage law for gays and lesbians would be unacceptable.

May 24, 2017 by Chris Horton, New York Times

Click here to read the entire article.