India proposes to ban commercial surrogacy

Proposed bill to prohibit homosexuals, unmarried couples and foreigners from hiring Indian women to have a baby.

India’s government has unveiled a draft law to ban commercial surrogacy, a move that would block homosexuals, single parents, live-in partners and foreign couples from hiring Indian women to have a baby.

Sushma Swaraj, India’s foreign minister, said on Wednesday the new law would prohibit prospective gay parents as homosexuality went against the country’s values.

gay surrogacy

“We do not recognise live-in and homosexual relationships … this is against our ethos,” the Indian Express newspaper quoted Swaraj, a member of the Hindu nationalist Bharatiya Janata Party, as saying.

In 2013, India’s Supreme Court reversed a 2009 high court decision to decriminalise homosexuality. According to Article 377 of the Indian penal code, homosexuality is a crime, which can attract punishment up to 10 years in prison.

Swaraj also said that foreigners, including non-resident Indians (NRIs) and persons of Indian origin (PIOs) were barred from opting for surrogacy as “divorces are very common in foreign countries”.

Only infertile couples who have been married for at least five years could seek a surrogate, who must be a close relative.

“There will be a complete ban on commercial surrogacy,” Swaraj said.

“Childless couples, who are medically unfit to have children, can take help from a close relative, in what is an altruistic surrogacy.”

She said the ban would be introduced 10 months after the bill, which will now go to parliament for approval, to allow pregnant women already in arrangements with couples time to give birth.

Some 2,000 infertile couples hire the wombs of Indian women to carry their embryos through to birth every year, according to the government.

Divided opinions surfaced on Indian social media, with tweets criticising as well as backing the proposed bill.

Aljazeera.com, August 25, 2016

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in In the News / International / Legal / Surrogacy  by Anthony Brown 0 comments

Zika found to remain in sperm for record six months

The Zika virus has been found in the sperm of an Italian man six months after his first symptoms, twice as long as in previously reported cases.

Doctors at the Spallanzani Institute for Infectious Diseases in Rome said it pointed to the possibility that the Zika virus was reproducing itself in the male genital tract.

The infection is suspected of leading to thousands of babies being born with underdeveloped brains.

Zika is spread by mosquitos.adopting a child, how to adopt a child, adopt a child,Egg donors

The outbreak was declared a global public health emergency by the World Health Organisation in February.

Current guidelines recommend infected patients should use condoms or abstain from sex for at least six months after the onset of symptoms.

The doctors said in light of this new evidence an extension of this recommendation might be advised, as well as the continued testing of semen after six months.

Christian Lindmeier from the WHO told the BBC the report would be looked at.

“The Zika outbreak is a constantly evolving situation and every new piece of evidence is looked into and evaluated as to whether or not guidelines will need to be revised.”

The patient, who was in his early 40s, first presented symptoms after returning to Italy after a two-week visit to Haiti in January.

The patient reported he had received mosquito bites in Haiti, and his symptoms included fever, fatigue and a skin rash.

Follow-up testing showed the Zika virus was still present in his urine, saliva and sperm, 91 days after the onset of symptoms.

After 134 days it was only detectable in his sperm and this remained positive after 181 days.

BBC.com, August 12, 2016

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Meet the Soon-to-Be 1st Trans Parents in South America

LGBT activist Diane Rodriguez and her boyfriend Fernando Machado are an Ecuadorian couple who are set to become South America’s first-known transgender parents. They recently announced their pregnancy which has received much support for the couple.trans couple

Rodriguez wrote in a Facebook post: “I’m going to be a mum, my boyfriend Fernando Machado is pregnant with me. After having spoken with my family, people who are very close to my life and social environment, I wish to make public one of the news that I think is the most important in my life and that of my partner, Fernando Machado.”

She added that she understood that the announcement would receive comments in favor and against the happy news, however, she believes the news is important for society to change and is something wonderful for her and her boyfriend to celebrate: “But as an activist and transsexual woman committed to a process of profound social transformation , I believe that public opinion must know this wonderful news : Fernando Machado and Diane Rodriguez will be mom and dad.”

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thenextfamily.com By Alex Temblador

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Same sex couples win court battle over child adoption discrimination

In a significant ruling on Tuesday, the Czech Republic’s Constitutional Court overturned a law which prevented individual gays and lesbians living in registered partnership from adopting children. The judge argued that such a ban was discriminatory, since gays and lesbians not living in such an official partnership are allowed to do so. However, the ruling does not allow same-sex partners to adopt children as a couple.

ays and lesbians in the Czech Republic can live in an officially registered partnership since 2016, when the Czech parliament changed the law. But while it granted the partners similar rights enjoyed by heterosexual married couples, such as rights to inheritance, it did not allow them to adopt children. That now has changed with Tuesday’s ruling of the Constitutional Court.adoption

Adéla Horáková, a lawyer for PROUD, a Czech initiative promoting the rights of homosexuals, says the ruling is a small step ahead, but stresses that there are still many further moves to take:

“It is something that was almost inevitable from the beginning of adoption of this provision, because it is clearly unconstitutional and illogical. There are many other inequalities given by law for same sex couples as parents or just as couples. One of them being the fact that they cannot get married, another can be that they cannot adopt jointly a child or that a partner may not adopt biological child of his or her partner, so called second parent adoption.”

The decision of the Constitutional Court is essential not only for some 1,800 gays and lesbians living in registered partnership, but also for those who might have postponed the registration due to the ban on adoption. Adéla Horáková says it is difficult to say how many people will actually take advantage of the ruling:

“It is hard to estimate how many gays and lesbians change their opinion or will feel the impulse to apply for adoption. We hope the more the better so that we can see more same sex parents adopting children and show the society they are just as capable and just as loving parents as anybody else.”

29-06-2016 15:02 | Ruth Fraňková, Radio.CZ

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Italian High Court Makes Gay Adoption Easier, Not Automatic

Italy’s highest court has made it easier for gay adoption, gays to adopt a partner’s biological child but the decision does not give long-sought automatic recognition to the families of same-sex couples.

A Cassation Court ruling on Wednesday confirmed a lower-court decision permitting gay adoption, or the so-called “step-child” adoption in cases where the family bond is well-established. The gay rights group Famiglie Arcobaleno (Rainbow Families) called the decision a step forward but said it falls short of its goal of having immediate recognition at birth of both parents in same-sex unions.adoption

Italy earlier this year became the last holdout in Western Europe to legally recognize civil unions for gay and lesbian couples, but only after sacrificing a hotly contested provision to allow gay adoption.

Associated Press via ABCnews.com – June 22,2016

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A Perfect Father’s Day: MHB Puts Surrogacy Within Reach

Men Having Babies, MHB, started back in 2005 as a “peer support network for biological gay fathers and fathers-to-be,” according to the group’s website.

 

“We were heartbroken.”

“We just figured it wasn’t going to happen for us.”

“We spent everything — all of our savings — over nine years.”

“We took one look at the price tag, and figured it wasn’t within reach.”

These are the statements of two couples — Jay and Victor, and Daniel and Ricardo — who, at one point or another, came close to giving up on their hopes to become fathers.

It’s frustrations such as these, which are unfortunately all too commonly heard from would-be gay fathers, that prompted a group of gay men to form “Men Having Babies” or MHB,  a resource organization to help prospective gay dads navigate the often-troubled waters of surrogacy.

The organization started back in 2005 as a “peer support network for biological gay fathers and fathers-to-be,” according to the group’s website. Originally, the group operated as a small program out of New York City’s LGBT Community Center. In 2012, however, it morphed into a standalone non-profit organization, and has since expanded to offer workshops and seminars for gay men interested in becoming biological fathers from cities ranging from Los Angeles to Tel Aviv.MHB, gpap

While many other resource organizations exist to help LGBT parents, MHB is, to their knowledge, the only of its kind focused on easing the considerable financial burden of surrogacy for prospective gay fathers — the average cost of which is roughly $120,000.

“There are a dozen or so foundations that provide financial assistance to infertile people,” said Ron Poole-Dayan, the executive director and founding member of MHB, “but none offer to help to gay men, even though they need substantial third party assistance in order to become parents.”

Ron pointed out that as a category, gay men can face more obstacles in their quests to become parents than others. “These include biological, legal, and social constraints, as well as significantly higher financial costs.”

One of the main aspects of the organization’s mission, then, is to promote the affordability of surrogacy. It’s a cause close to the hearts of all those involved with MHB. According to A.J. Edge, the director of operation and finance for MHB, all of the organization’s board members have previously gone through their own surrogacy processes.

“They know that surrogacy is not something that’s open to anyone,” A.J. said. “And that it can be overwhelming and daunting — so that’s why GPAP was born.”

MHB created GPAP — or the Gay Parenting Assistance Program — to assist prospective gay parents who cannot afford the full cost of biological parenting on their own. The program is split into two “stages.” Those approved for Stage 1 become eligible for substantial discounts off the cost of surrogacy services from dozens of leading service providers. Stage II assistance, though more selective, is even more comprehensive — those accepted are provided with direct cash grants and free services to cover a considerable portion of the cost of surrogacy.

“In the last two years, more than 300 couples became eligible for substantial discounts off the cost of surrogacy services,” said Ron Poole-Dayan, the executive director of MHB, “and more than 40 couples have received direct financial assistance, including grants and free services. Ten babies were already born to Stage II couples, and many more are on their way.”

Without this type of assistance, the cost of surrogacy can be prohibitively expensive for many gay dads, or at least those who don’t happen to have an extra $120,000 hiding under their mattresses.

This sticker price was enough to deter Jay Todd and Victor Gonzalez, a couple of 17 years, when they took their first steps towards becoming fathers five years ago.

“We thought you needed to be like Elton John to have kids through surrogacy,” Jay joked. “It just seemed out of reach for most families — like such a fantasy.”

So instead, the couple first tried to adopt, a process that proved to be more emotionally fraught and expensive than they had hoped. “We spent thousands of dollars,” Jay said, “and it was very emotionally difficult time for everyone involved.” The couple came close to completing an adoption a couple of times — once with a child in Indiana, and a second time with a sibling group in Colombia — but neither worked out in the end.

The couple stresses that they have no regrets, and wish nothing but the best for the birth parents and their children. Still, the experience left them emotionally exhausted, and they decided to sideline their dream of becoming fathers. “We had to give up,” Jay admitted. “We just figured it wasn’t going to happen for us.”

Then, the couple learned about GPAP, and were approved for Stage I assistance. “We got substantial discounts from Simply Surrogacy and CT Fertility,” Jay said. “It probably saved us around $10,000.”

June 19, 2016 via Gayswithkids.com

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Gay couple’s baby recognized as German in landmark ruling

Gay couples in Germany have limited rights when it comes to starting a family. But what if a child is born in a country with full same-sex marriage rights? One of Germany’s highest courts has given an answer.

 

The Federal Court of Justice on Wednesday granted German citizenship to a South African child born to lesbian mothers in a major development for LGBT family rights.

The court case centred around a child born in 2010 in South Africa to a lesbian couple – the biological mother was South African while the other mother was German.

lesbian family law

The parents were legally married in South Africa and therefore were automatically recognized equally there as the child’s parents.

But when the mothers went to Germany to register their partnership, authorities in Berlin refused to offer the child German citizenship because the biological mother was foreign.

Children born to at least one German national outside the country are normally considered German citizens within heterosexual pairs.

But unlike heterosexual couples in Germany, same-sex partners cannot marry and therefore any child had or adopted by a pair is not automatically considered the child of both.

The only way that same-sex couples can start a family together is through something called successive adoption – generally one partner adopting the biological child of the other.

The German mother had not done this in her home country.

June 15, 2016

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Portuguese president vetoes Portuguese surrogacy law

Portugal’s center-right President Marcelo Rebelo de Sousa Tuesday vetoed a law authorizing surrogacy in some cases where a couple cannot conceive, quashing Portuguese surrogacy law adopted by parliament in May.

 

LISBON: In a statement, the president’s office said the Portuguese surrogacy law did “not conform to the conditions set out by the National Council for Ethics for the Life Sciences” which had demanded tighter rules on surrogacy.

Parliament had adopted the bill allowing a woman to carry a child for another person or couple in some cases where women cannot conceive, provided the surrogate mother is not paid.international surrogacy

The legislation, which had supporters from across the left-right divide, was adopted by a slim majority, despite opposition from Portugal’s powerful Catholic Church.

The veto does not necessarily spell the end of the road for the campaign to legalize surrogacy.

Under the constitution, parliament can still override a presidential veto to promulgate a law if an absolute majority of all MPs back it.

While quashing the surrogacy law de Sousa gave his seal of approval to legislation giving lesbian couples and single women to have in-vitro fertilization (IVF).

Portugal is not the only European country where surrogacy is prohibited.

France, Germany and Italy prohibit surrogacy, which critics have dubbed “wombs for rent”.

Agence France Presse – June 8, 2016

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Gay couples are becoming reproductive refugees as more countries outlaw surrogacy

The options for becoming parents are narrowing for gay couples as both developed and developing nations increasingly outlaw surrogacy, many becoming reproductive refugees.

Gay couples who need surrogacy to start a family are now reproductive refugees as more and more countries outlaw surrogacy, according to advocacy group Families Through Surrogacy.

With surrogacy criminalized in many Western countries, would-be parents have typically turned to developing nations including Thailand, India and Nepal to find surrogates. But even these countries have, in recent years, closed their doors to international surrogacy. What’s more, countries that do still allow international surrogacy – such as Ukraine, Georgia and Israel – do not extend that offer to same-sex couples.

Sam Everingham, executive director of Australian advocacy group Families Through Surrogacy, told The Atlantic that outlawing reproductive rights for gay couples in their own countries sent them on ‘a constant chase’ across the globe, with more and more countries officially outlawing the practice as time goes on.

According to Doron Mamet, the head of Israeli surrogacy agency Tammuz, surrogacy has become such a political sticking point that it may not be available anywhere within the next ’10 to 15 years’. Interestingly, Mamet points out, while politicians and anti-surrogacy activists are eager to stamp out the practice, ‘The only group that wants it to continue are the people in need and the surrogates.’surrogacy refugees, international surrogacy, gay dads

Why outlaw surrogacy in developed countries?

In Australia, couples found to have practised commercial surrogacy in the country can go to jail for three years.

Australia’s federal government has recently ordered a review of the nation’s surrogacy laws, following high-profile cases of surrogacy gone wrong abroad. The government appears to be in favor of commercial surrogacy remaining illegal in the country, forcing gay parents to fork out huge sums for surrogates in the US, as cheaper options in developing countries dwindle.

UK gay couples find themselves with the same problem, as UK law also criminalizes commercial surrogacy.

In an interview with Gay Star News, the founder of gay parenting blog Gay Dads Australia, Rodney Chiang-Cruise, told of the frustration the gay community felt about criminalization of commercial surrogacy in Australia. He argued that legalizing the process within Australia would help make it ‘a fair, equitable, respectful process for all parties’. See more on that here.

While altruistic surrogacy is legal in Australia, figures from Families Through Surrogacy show that just 35 babies were born through altruistic surrogacy in Australia in 2013. Conversely, more than 400 babies were born to Australians through surrogacy abroad.

The cost of going through the surrogacy process in the US is around AUD $200,000.

GayStarNews.com by Laura Chubb, June 7, 2016

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Meet One of China’s 1st LGBT Couples to Use Assisted Reproduction

Rui Cai and Cleo Wu recently became mothers to twins, placing them among the LGBT parent minority in China. They are also one of the first couples in China to use assisted reproduction to have children.

Their story is amazing since same-sex marriage is still outlawed in China and only heterosexual couples can use assisted reproduction to have children.

 

Cai and Wu found a sperm donor in a US sperm bank. Cai was inseminated with two of Wu’s eggs and the sperm donor’s sperm in a clinic in Portland, Oregon. After returning to China, the couple had their twins in a private hospital in Beijing.anonymous sperm donors

For many LGBT persons in China, it can be difficult to come out to their parents, much less have a family. Cai and Wu were lucky enough to have their parents accept their sexuality.

Cai told NPR, “They think it’s OK for us to choose this homosexual lifestyle. But we’ve got to have offspring. It’s a compromise or a precondition we must meet for them to accept our lifestyle.”

Though their’s is a happy story of family acceptance, Cai and Wu will face some hurdles in the near future such as obtaining proper documentation for their children, like government ID cards, and registering their twins with a school.

“To have a child is really a personal right, is a human right,” Xu says. “But then you have to have permission from the state. It might be difficult for non-Chinese people to imagine or understand this situation, but this is the reality we face.”

May 25, 2016, TheNextFamily.com

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in Assisted Reproductive Technology / Family Stories / International / Legal / Parenting / Personal Stories  by Anthony Brown 0 comments