Commercial Surrogacy Legal Cases; Surrogacy ban strands families in Nepal

Australian parents have been left stranded overseas with their newborn babies, unable to bring them home, after a court issued a ban on commercial surrogacy in Nepal, having decided one of the many pending commercial surrogacy legal cases globally. Distressed parents said the health of their babies was at serious risk and that the children were “basically being held hostage” because local authorities refused to issue them exit visas.

“The longer this goes on, the bigger the risk becomes,” said one man whose twins, born six weeks prematurely, have fallen ill after their supply of formula ran out.

“It’s a matter of time until something drastic happens. I would hate for someone to die.”

Commercial surrogacy is banned in Australia and under NSW law prospective parents cannot pay a surrogate, even for arrangements in another country.

Australian babies and parents stranded in Nepal after commercial surrogacy ban

Nepal previously allowed the practice as long as the surrogate was not Nepalese, but its Supreme Court suspended commercial surrogacy services on August 25.

Parents said Nepali immigration officials have since refused to issue exit visas for babies born through surrogacy, even when the process was started long before the ban.

Lisa McDonald* was recently forced to return to Sydney, leaving her newborn son, Sam*, in Kathmandu with her husband, after she ran out of vital medicine.

She has a disease of the immune system and the couple’s biological child was carried by a surrogate.

“It was so hard to leave him and come back, it was torturous,” she said. “All I know is I want him home.”

Sam had to be rushed to hospital last week but transport is difficult because a dispute with neighbouring India has led to petrol rationing.

The Nepali government is also in upheaval after the adoption of a new constitution, a process that sparked deadly and ongoing protests.

“It’s really dangerous,” Ms McDonald said. “This is wrong, to be holding babies hostage like this. These are tiny babies. They just need to get them out.”

Nick Martin* and his partner have been in Kathmandu for six weeks with their twins. The Sydney father said resolving the babies’ status did not seem to be a government priority.

“We are distraught, absolutely distraught,” he said. “We’re effectively being kept captive in a country we don’t know, where we don’t speak the language. We just have no idea when we’re going to be going home.”
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by Kim Arlington, The Sydney Morning Herald – October 6, 2015