China’s LGBT community expresses disappointment after Shanghai Pride cancelled indefinitely

China’s LGBT community expresses disappointment after Shanghai Pride cancelled indefinitely

Shanghai PrideShanghai Pride – Amy Yang always wanted to travel outside of China, but she didn’t expect her life to change as much as it did.

Having now completed her studies, the 27-year-old owns her own accessory business and says her current life, living with her girlfriend in Melbourne’s CBD, is beyond her wildest dreams.

“When I was in China I didn’t really realise my sexuality,” she said.

Homosexuality was officially declassified as a mental disorder in China in 2001 and is no longer considered illegal, but there remain significant obstacles for China’s LGBT community.

Last month, organisers of China’s largest LGBT festival, Shanghai Pride, said they would cancel the annual event indefinitely.

In a blog post on their website, the organisers gave no explanation for their decision, stating: “We love our community, and we are grateful for the experiences we’ve shared together. No matter what, we will always be proud — and you should be, too.”

One of the main organisers, Charlene Liu, said in a statement posted on Facebook that “the decision was difficult to make but we have to protect the safety of all involved”, without elaborating.

Shanghai Pride declined the ABC’s request to comment on why it cancelled the event.

www.abc.net.au By Oliver Lees September 11, 2020

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Birthright Citizenship Ordered for Gay Couple’s Child Born Overseas Through Surrogacy

Birthright Citizenship Ordered for Gay Couple’s Child Born Overseas Through Surrogacy

A US district judge in Georgia issued a ruling on August 27 that the daughter of a married gay male couple, conceived through donor insemination from a donated egg with a woman in England serving as gestational surrogate, should be given birthright citizenship as a US citizen and entitled to a passport over the objections of the State Department.UK Supreme Court

The complication in this case is that the spouse whose sperm was used was not a US citizen at the time, though he has since become one through the marriage to his native-born US citizen husband.

If this sounds familiar, it is because the case of Mize v. Pompeo, decided on August 27, presents issues similar to those in Kiviti v. Pompeo, decided June 17 by a federal court in Maryland, which also ordered the State Department to recognize the birthright citizenship of the child of a married gay couple.

This is a recurring problem encountered by married gay male couples who use a foreign surrogate to have their child overseas.

Under the 14th Amendment, all persons born in the US are citizens at birth, regardless of the nationality or citizenship status of their parents — the only exceptions being children born to foreign diplomats stationed in the US or to temporary tourist or business visitors. The citizenship of children born overseas to US citizens is determined by the Immigration and Nationality Act (INA).

Under the INA, there is a crucial distinction depending on whether the parents are married to each other when the child is born. One provision concerns the overseas children of married US citizens, and a different provision applies if the children are born “out of wedlock.” As interpreted by the State Department, if the parents are married, the child is a birthright citizen so long as it is biologically related to one of them. If the parents are not married, at least one them who is biologically related to the child must be a US citizen who has resided in the US for at least five years.

gaycitynews.com – By Arthur Leonard, September 2, 2020

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Croatia gets first gay foster parents

A Croatian gay couple became foster parents to two children after a legal battle becoming the first same-sex couple to be granted the right in the largely Catholic country, an activist said Monday.

Croatia, a European Union member since 2013, has seen a gradual liberalisation of gay rights in recent years.Croatia gay foster

Gay couples have been able to register as life partners since 2014, a status that grants them most of the same rights as married couples.

In February, the top court ruled that gay couples also had the right to foster children — a matter that was in dispute because they were not included in a 2018 law on the issue.

It paved the way for life partners Ivo Segota and Mladen Kozic from Zagreb to foster children after the bitter legal fight since 2017 during which they were ping-ponged between a social welfare centre, the social policy ministry and the courts.

“Our members Ivo and Mladen are very happy with new members of their household,” said Daniel Martinovic, head of Rainbow Families, a group of same-sex parents.

Deccan Herald via AFP, September 7, 2020

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Korean Adoptee Wins Landmark Case in Search for Birth Parents

In the first verdict of its kind, a South Korean court has ruled that Kara Bos, an American who is a Korean adoptee, is a daughter of an 85-year-old man in Seoul.

A court in Seoul ruled Friday that a Korean adoptee, adopted by an American couple almost four decades ago must be recognized as a daughter of an 85-year-old South Korean man, providing hope for the thousands of Korean-born adoptees who want to know the identities of their birth parents.adopted kids, adoption new york, new york adoption, new york state adoption

On Nov. 18, exactly 36 years after she was found abandoned in a parking lot in a city in central South Korea, Kara Bos, now an American citizen, filed her paternity lawsuit, the first in South Korea by an overseas adoptee. After winning the lawsuit, Ms. Bos now hopes to confront her father to ask him who her mother was.

Ms. Bos was flown to the United States 10 months after she was found abandoned, becoming one of thousands of South Korean babies and toddlers shipped annually out of their birth country for overseas adoption in the 1970s and ’80s.

In recent years, Ms. Bos has been making trips to South Korea in search of her birth mother. She wanted to meet her biological father not only to press him on her mother’s identity, but to find out why she was abandoned. But three women she believed to be her half sisters have blocked her from meeting the elderly man, claiming that she was not family. As a last resort, she filed the paternity lawsuit.

“Because of the lawsuit, I actually now have a right to register as his daughter,” Ms. Bos told reporters outside the Seoul Family Court following its ruling on Friday. The ruling followed DNA test results that showed a 99.9981 percent probability that the man and Ms. Bos were father and daughter.

Ms. Bos flew from Amsterdam to attend the court ruling on Friday. She has lived in Amsterdam since 2009 with her Dutch husband, a son and a daughter, running a drowning-prevention program for children.

If she is included in his father’s family registry, Ms. Bos by South Korean law will become entitled to split his inheritance with her other siblings. And her half sisters cannot stop her from meeting her father.

nytimes.com, June 12, 2020 by Choe Sang-Hun

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Coronavirus upends years of planning for international adoptions and surrogacy births

Coronavirus upends years of planning for international adoptions and surrogacy births

Coronavirus upends years of planning for international adoptions and surrogacy births.  Andrea Hoffmann’s mad dash to America began shortly after 2 a.m. on March 12 in Munich, when her husband roused her from sleep and said, “We have to get on a plane now.”Coronavirus adoptions surrogacy

The Hoffmanns both wanted to be in Maryland for the birth of their son to a surrogate who was due in late May. But Christian Hoffmann realized their plans had to be changed after watching President Trump on television as he announced travel restrictions on Europeans to limit the spread of the novel coronavirus.

When Christian left Andrea at the Munich airport at 6 a.m., they expected he would join her in a few weeks.

More than a month later, Christian Hoffmann is still in Munich, working at home for a pharmaceutical company. His wife is living temporarily in an apartment in Frederick, Md., doing administrative tasks on her laptop for her job as an air traffic controller. She has spent countless hours watching the news and the first five seasons of “Game of Thrones” on Netflix, and bonding with their surrogate, who has brought her three daughters to the parking lot of Andrea’s building so she can watch them dance from a second-floor balcony.

“We are just so glad one of us is here,” she said. “I didn’t think it would come to this. I thought, ‘It will be all right; they cannot lock down everything.’ I never would have imagined this situation.”

The sweeping travel restrictions, imposed with little advance notice, have interrupted plans for prospective new families around the world. The United States has imposed restrictions on travelers who have been in China, Iran and most of Europe, as well as Canada and Mexico. Nine of 10 people in the world live in countries that have closed their borders because of the covid-19 outbreak, narrowing international travel to a trickle.

As a result, many people overseas with surrogates in the United States are either stranded thousands of miles away or stuck in the United States, unable to bring their newborns home. And Americans who were about to fly abroad for international adoptions cannot enter the countries where children wait for them, often in orphanages.

“We literally had 15 families who had tickets purchased to leave the next day or in few days, and 10 families ready to purchase tickets,” said Susan Cox, vice president for policy at Holt International, an Oregon-based Christian organization that arranged more than 500 adoptions from other countries last year.

“In some cases, their adoptions had been in process for two or three years. They were finally at the point where the child was ready to travel, and the adoption was ready to be completed. They were so close.”

Thomas Mitchell and his wife, Callie, had been waiting for eight months to bring a 3-year-old boy home from an orphanage in northern China. Mitchell built him a bed that his daughters painted and decorated his room at their home in Chattanooga, Tenn., with a mural of pandas and pagodas. They had plane tickets to China in early February, but 12 days before their departure date, the adoption was put on indefinite hold.

“At first, we thought it would be a couple weeks’ delay,” said Thomas Mitchell, a real estate transaction coordinator. “Then it snowballed. Now, nobody knows when we can go.”

Washington Post, April 16, 2020, by Carol Morello

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The UK Supreme Court awards damages for commercial surrogacy

A landmark ruling by The UK Supreme Court awards damages to a woman for Californian commercial surrogacy following a delay in detecting cancer in smear tests and biopsies.

Louisa Ghevaert provided expert evidence on surrogacy to the UK Supreme Court, donor conception and fertility law in this case and comments:UK Supreme Court

“This legal ruling from the UK Supreme Court is an important watershed in the development of medical negligence, fertility and surrogacy law in the UK. It enables a ‘surrogacy’ head of claim in cases where a person’s fertility and ability to conceive a child has been lost or impaired through medical negligence, including claims for overseas commercial surrogacy in appropriate cases. It marks a real step forward in recognising the value and importance of individual fertility and surrogacy. However, there is still more that needs to be done to preserve and protect people’s fertility and their ability to have children”.

Background

The Defendant admitted failing to detect signs of cancer from smear tests in 2008 and 2012 and biopsies in 2012 and 2013. As a result, the  Claimant developed invasive cancer of the cervix which required chemo-radiotherapy treatment that rendered her infertile and caused severe radiation damage to her bladder, bowel and vagina.

Due to the late cancer diagnosis and the increased size of the tumour, the Claimant was unable to have fertility sparing surgery and suffered a complete loss of fertility. This was a devastating blow as she had always wanted a large family of her own.  She was so devastated by the diagnosis that she postponed her cancer treatment twice to obtain further medical opinions about the viability of fertility sparing surgery. On learning this was not available to her, she underwent a cycle of ovarian stimulation in June 2013 and harvested and froze 8 mature eggs.  A few days later, she underwent surgery followed by chemo-radiotherapy. This caused irreparable damage to her uterus and ovaries so she could not conceive or carry a pregnancy and it caused her to enter premature menopause.

The Claimant therefore sought damages to enable her to enter into a commercial surrogacy arrangement in California to have a much wanted family of her own. In contrast to the informal and legally restricted nature of surrogacy in the UK, commercial surrogacy in California operates through a well established system which offers legally binding surrogacy arrangements and pre-birth orders in the Californian court.

Legal Ruling

The case was first heard in the English High Court in June 2017, where a limited damages award for two altruistic UK surrogacies was made in the sum of £74,000.  

Louisa Ghevaeart Blog, April 1, 2020

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Why a lack of oversight of surrogacy in Canada leaves some parents feeling taken advantage of

Surrogacy in Canada: Legal experts say Health Canada’s new rules won’t solve industry’s transparency problems of 

Surrogacy in Canada – Cuddling a child of her own was something cancer survivor Anna Camille Tucci feared might never be possible.surrogacy in Canada

In 2017, the Toronto woman had a full hysterectomy as part of treatment for ovarian cancer — but not before doctors harvested her eggs and created embryos with her husband’s sperm.

“Since I can remember, I wanted kids….That’s just something that was in my heart since I was tiny,” she said. “Even the thought of not being able to carry [a baby] — that was really difficult.”

But in December 2019, the 30-year-old’s dream of being a mom came true. A surrogate gave birth to Tucci’s healthy baby boy.

Motherhood has been “bliss,” Tucci says, yet she can’t shake lingering questions she has about the thousands of dollars she and her husband paid through the surrogacy agency they’d hired to help them navigate the delicate process.

With surrogacy in Canada, it is illegal to pay a surrogate, but it is legal to reimburse her for pregnancy-related expenses such as additional food, clothing, vitamins and any transportation costs she incurs traveling to her medical appointments. In some cases, the transactions are handled using a trust that is set up and managed by a surrogacy agency.

Over the course of a three-month investigation, CBC News spoke with dozens of people involved in surrogacy in Canada, including parents, surrogates and lawyers; their experiences reveal a burgeoning industry in which agencies lack oversight and mandatory transparency.

Five different families raised concerns about money that was paid to surrogates through their trust accounts.

Tucci wanted to know how nearly $2,000 a month was being spent, but the agency’s policy was that receipts aren’t released until after the birth.

In another case, an Ontario father demanded his agency send him his surrogate’s receipts. He found many didn’t have dates, some were duplicates, others were from before he’d met his surrogate, and one had a lottery ticket listed.

“I think people have found a way to pull the parents’ heartstrings,” Tucci said. “I think the industry as a whole — everyone that’s involved in it — I think they’re all there to make money in the end.”

Growing demand for surrogates

The most up-to-date data from Statistics Canada shows roughly one in six couples in Canada experience infertility — a figure that has doubled since the 1980s. Infertility combined with an increase in same-sex couples starting families means the demand for surrogates has boomed.

No public health agency tracks surrogate pregnancies, but data voluntarily provided by Canadian fertility clinics shows at least 816 surrogate births were reported between 2013 and 2017.

Once couples factor in fees for agencies, lawyers and fertility clinics, the cost can quickly reach $100,000 per pregnancy.

Introduced in 2004, Canada’s reproductive legislation was meant to prevent the exploitation of women and the commercialization of surrogacy.

The maximum penalty for paying a surrogate for things that aren’t pregnancy-related is a $500,000 fine and up to 10 years in prison.

Parents shocked by cost of reimbursements

Tucci and her husband selected a surrogate through an agency and paid the company nearly $10,000 in fees for consultation and to manage their surrogate’s monthly reimbursements through a trust fund. They negotiated a legal contract with their surrogate that allowed her to claim expenses up to a maximum of nearly $2,000 a month during the pregnancy.

“We thought she would never actually meet that max that we had in the contract. But we found out that that’s not true,” Tucci said.

The surrogate would submit her receipts to the agency every month. The agency would then review them and reimburse her through the trust fund.

Agency says it is ‘extremely diligent’

The five families who shared their stories with CBC News were clients of the same agency — Canadian Fertility Consulting (CFC).

CFC says it is the largest agency in the country. It has roughly 400 ongoing surrogate-couple relationships and oversees some 300 surrogacy births every year.

Owner Leia Swanberg is the only person who’s ever been charged for paying surrogates in Canada.

RCMP raided Swanberg’s Cobourg, Ont., offices and she was charged in February 2013. Later that year, she pleaded guilty to regulatory offences for paying surrogates without receipts and was fined $60,000.

by CBC.ca, Chris Glover, Chelsea Gomez, Laura Clementson March 2, 2019

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Israeli Supreme Court rules same-sex couples be given access to surrogacy

In an apparent rebuke to government, the Israeli Supreme Court justices say current law that excludes LGBT couples, harms ‘right to equality’ and gives the state one year to amend the existing legislation; LGBT organizations laud ‘historic decision’

In a unanimous verdict, the Israeli Supreme Court on Thursday ruled that same-sex couples and single men be given access to domestic surrogacy services.Israel Supreme Court

The five-justice panel declared that the current arrangements within the Embryo Carrying Agreements Law disproportionately “harms the right to equality” and the right of parenthood of these groups, and are therefore illegal.
Following a 4 to 1 vote, the court gave the state a maximum of 12 months to amend the current legislation.
Justice Uzi Vogelman wrote in his verdict the current Surrogacy Law inherently discriminates not only against LGBT community but against the concept of fatherhood as well.
“The current arrangement echoes the deep social construct that motherhood is preferable to fatherhood, and that a family made up of a male and female or only a female is much more ‘preferred,’ ‘deserving’ and ‘accepted’ than the more complicated forms [of family],” he wrote.
“This is a harmful message on the part of the administration, disregarding the basic duty of the state to respect all forms of life and all family units.”
 
ynetnews.com, by Yael Friedson, Amir Alon February 27, 2020
 
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Putin says he won’t allow for LGBTQ families or marriages in Russia

Putin told reporters that he’s considering a constitutional amendment that would ensure that all parents of children “will be dad and mum.”

Russia’s President, Vladimir Putin, said to a pool of reporters on Monday that he will not allow same-sex adoption or support marriage equality  “as long as [he’s] president” – currently set to be at least to 2024.russia gay

The comments were made at a press conference regarding a state-approved commission that will consider potential changes to the Russian constitution. Putin is supposedly trying to shape Russia’s laws and constitutionality in a way that would allow him to maintain power after his current term ends.

A reporter asked if a proposal that would “add a line in the constitution defining marriage as a union between a man and a woman” would be considered. Putin replied, “We need only to think in what phrases and where to do this.”

While the question was about same-sex marriage, Putin’s response focused on ruling on the potential of LGBTQ families being legal parents.

“As far as ‘parent number 1’ and ‘parent number 2’ goes, I’ve already spoken publicly about this and I’ll repeat it again,” Putin said, “as long as I’m president this will not happen. There will be dad and mum.”

French Senate passes bioethics law allowing lesbians to artificially procreate

The bill passed by the French Senate is watered down but still extremely transgressive.

The French Senate adopted the draft bioethics law currently under discussion in that body by a relatively small margin of 10 votes on Tuesday. One of its most spectacular elements, the legalization of access to artificially assisted procreation for single women, including those in lesbian relationships, was confirmed, as well as the widening of possibilities for research on human embryos. Other articles of the law were modified by the Senate, which canceled some of its more shocking propositions.French Senate

Although the higher chamber in France still has a right-of-center majority, the text, which remains deeply transgressive, obtained 153 votes in its favor, while 143 senators voted against and 45 abstained. The voting was not uniform right and left — 97 of the 144 “Les Républicains” mainstream right-wing senators rejected the law presented by Emmanuel Macron’s left-wing government, while 25 voted for the text, thus bearing responsibility for its adoption.

The presidential party “La République en marche” (LREM), created for the last presidential election and not very strong in the Senate, was itself divided: six of its 24 senators voted against the text.

Almost all the 348 senators were present, a sign that the revision of France’s bioethics laws is being taken seriously. The first such law was adopted in 1994 and was already transgressive because it legalized artificial procreation and embryo selection.

From the start, it was decided that the bioethics law would be revised every five years in order to take medical and scientific progress and new techniques into account. As a matter of fact, the laws were revised over larger intervals. Each time, new possibilities for embryo research, pre-implantation diagnosis, and other such transgressions were added.

The draft bioethics law now being discussed has been substantially amended by the Senate and will therefore return before the National Assembly, probably in April. Laws are adopted definitively without a second reading in France only when adopted by both chambers in exactly the same terms.

Lifestienews.com, by Jeanne Smits, February 7, 2020

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