UK’s top family judge declares that UK law should give single parents through surrogacy the same rights as couples

 Sir James Munby, the President of the High Court Family Division, has made a formal declaration that UK law discriminates against single parents with children born through surrogacy and is incompatible with their human rights.

The case concerns a British biological father of a 21 month old boy known as ‘Z’, who was born through a US surrogacy arrangement and lives with his single father in the UK. Last September the High Court ruled that it could not grant our client a UK parental order (the order needed to extinguish the responsibilities of the surrogate and to issue a UK birth certificate for Z), because UK surrogacy law only allows couples, and not single parents, to apply. The court ruled that the US surrogate who carried Z (who lives in the USA, is not his biological mother and has no legal status there) has sole decision-making rights in the UK. Z was made a ward of court, which means the court safeguards his welfare and makes decisions about his care.international second parent adoption, gay parent adoption, Italy, lgbt Italy, glut Italy, gay families, international gay rights

The President of the Family Division has now declared that the law is incompatible with the father’s and the child’s human rights, and discriminates against them. In an unprecedented move, the Secretary of State for Health decided not to oppose the father’s application, conceding that UK law breached human rights legislation and consenting to the court making a declaration of incompatibility. Although only Parliament can change the law, declarations of incompatibility under the Human Rights Act are unusual and carry significant weight: only 20 final declarations have ever been made, and all but one have prompted the law being changed.  However, the government has not yet said whether it plans to push forward reform.

Responding to the judgment, Z’s father said: “I am delighted by today’s ruling which finally confirms that the law is discriminatory against both my family and others in the same situation. I persevered with the legal action because I strongly felt that my son should be in the same legal position as others born through surrogacy. I have a son who I love dearly and as part of this process there was a rigorous court assessment that confirms that I am a good parent. I am now eagerly waiting to hear what the Government will do so my son does not need to indefinitely remain a ward of court.”

Elizabeth Isaacs QC, his barrister, said: “Declarations of incompatibility are rarely made, so this is a very significant decision. Having consented to the declaration, there is no reason why the government should not take swift action to change the law. We hope that the law will be changed to enable a parental order to be granted for Z as soon as possible.”Through our work at NGA and Brilliant Beginnings, we have long felt the impact of surrogacy law’s exclusion of single parents, even though single parents can and do conceive children through surrogacy (just as they build families through adoption and other forms of assisted reproduction). The UK has a proud tradition of taking a progressive approach to assisted reproduction and non-traditional families, and the current surrogacy laws are a glaring anomaly which fail to uphold our most fundamental values of safeguarding children’s welfare. The law needs to change so that Z, and dozens of other children born through surrogacy to single parents, can be rescued from legal limbo.

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May 21, 2016, by Natalie Gamble

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

Same-sex unions are not enough, say exiled Italian gay parents

When the Italian parliament this week gave the green light to same-sex couples – becoming the last western European country to do so – the Trevi fountain in Rome was lit up in rainbow colours to celebrate, hailing the move as a major step forward for LGBT rights.

But for Italian families living abroad, the spectre of discrimination against gay couples lives on in restrictive adoption laws which can lead to gay parents having no legal rights over their children by a largely conservative, Catholic and sometimes hostile court system.

Current legislation gives same-sex couples the right to share a surname, draw on their partner’s pension when they die and inherit each other’s assets in the same way as married people.

But it has been fiercely criticised for not providing full equality for gay couples, particularly in terms of adoption rights. While adoption has not been ruled out, family judges will decide on a case-by-case basis.international surrogacy

It means that families who have already adopted abroad will have to go through lengthy court procedures to have their adoption recognised in Italy.

Among them are Giovanni and Marco, two Italian dads living abroad who say they can never return home for fear of the state viewing them as strangers to their adopted children.

“The adoption [of our children] is not recognised by the Italian state, so we could be legally treated as strangers to each other,” they told the Telegraph.

“Whenever we cross the Italian border the parental responsibility over our children falls in a legal grey area. We travel with the contact details of the British Foreign Office and the Adoption Order in case anyone starts questioning ‘why the mother is not travelling with the children?'”

Carolina Girardelli, an Italian lawyer specialising in international adoption, said: “Children [adopted abroad] have no rights as Italian citizens [if their parents are gay].

“You can ask a family judge to recognise your adoption papers but in Italy we have the Church, and a lot of Catholic judges. If one of them is against gay unions, you could lose the case.”

by Mauro Galluzo, May 15, 2016 – telegraph.co.uk

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in Adoption / In the News / International / Second Parent Adoption / Step Parent Adoption  by Anthony Brown 0 comments

Why More Gay Couples Are Embracing Surrogacy

When we moved house nearly four years ago, we soon met the other gay couple in the street – they had brought up two boys in a ‘merged home’ – ex-wife, husband-turned gay and gay partner all under the same roof. For a long time earlier straight relationships had been the commonest means by which gay men found themselves fathers.

From the 1990s, hundreds of hopeful gay men agreed to “donor dad” or co-parent arrangements with single women and lesbian couples here in Australia. Sadly, many of those men found themselves cut out of the lives of the children they had fathered. Many were left yearning for kids of their own.

One of the biggest barriers to accepting my own sexuality as a 23-year-old back in 1990 was the certainty than I’d forfeit the chance to be a dad. A decade later, surrogacy started to be talked about – though it was always associated with celebrities, or uber-expensive US options.

gay surrogacy

In recent years, I’ve met hundreds of gay guys who have either raised the funds to create a family overseas or found a surrogate here. It turns out there are so many ways to engage in surrogacy.

Take Michael and Jarred. Six years ago, this Brisbane couple found a local surrogate Rachel Kunde who was willing to use her own eggs and womb – what’s called traditional surrogacy – to help them create twin boys Huxley & Elijah, who are now four years old. For Rachel, providing her eggs as well as her tummy comes naturally – she’s since carried for other couples too.

A year after our own girls were born via surrogacy in India I met with the then Attorney-General Jarrod Bleijie to convince him that his plan to ban gay men from accessing surrogacy in Queensland was a stupid one. Luckily, he listened.

by Sam Everigham – news.com.au, May 11, 2016

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

Italian couple win international second parent adoption case

 

Two gay Italian women have won the right to international second parent adoption, a legal first for the country. All previous verdicts in Italy in favour of lesbian women being legally recognized as the parents of their partner’s children are at the appeal stages.

In its judgment on Friday, Rome’s juvenile court said Marilena Grassadonia, president of the Rainbow Families association, could adopt her wife’s twin boys via international second parent adoption. In turn, her partner adopted Grassadonia’s son. All three were conceived by artificial insemination.

In March, a man won his request to adopt his partner’s child, but rights watchers believed the ruling may have slipped through the net due to an administrative error, with the office of the prosecutor in charge of the case failing to file an appeal in time.adoption

Grassadonia was a vocal campaigner in Italy during the heated debate earlier this year over a contested civil unions bill.

The text, adopted by parliament’s upper house after a clause allowing gay couples second parent adoption was removed, will be examined by the lower house from 9 May.

Italy’s prime minister Matteo Renzi has said he will resort to a confidence vote on the government, if necessary, to make the bill law.

While they wait for a change in the law, courts have been finding in favour of gay couples since 2014 on the basis of current legislation that favours “emotional continuity” for children.

The Guardian – April 30, 2016

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in In the News / International / Legal / Legislation / Second Parent Adoption  by Anthony Brown 0 comments

Top Concerns for Gay Men Considering International Surrogacy

International surrogacy poses many questions, and potential obstacles for gay couples.

A gay couple made global headlines last year when their plans for having a baby together went horribly wrong. Manuel Santos and Gordon Alan “Bud” Lake III chose to move forward with a surrogate in Thailand, but after their baby was born, the surrogate refused to sign the final papers, chose to back out of the contract, and eventually decided to fight for custody. International surrogacy was back in the news.

Their case eventually went to court, but was complicated by the fact that the law in Thailand does not recognize same-sex marriages. On top of that, a new law that bans commercial surrogacy went into effect after their baby was born. The odds were stacked against them and the couple had to turn to crowd-funding to help pay for the legal fees and the costs of staying in the country during the battle. Thai surrogate mother

“Our lives have been turned upside down,” the couple explained on Fundly. “Our jobs are in danger, our family is now divided, false allegations and criminal charges have been brought against us. What was supposed to be the happiest time of our lives, bonding with our new baby girl — our daughter and our son’s new little sister – has turned into an absolute nightmare.”

I’ve heard similar stories like this before. I recently published a book titled, Journey to Same-Sex Parenthood: Firsthand Advice, Tips and Stories from Lesbian and Gay Couples, to help LGBT people understand the pros and cons to the various paths to parenthood. The book compares adoption, surrogacy, foster care, assisted reproduction, and co-parenting. One section in the book tells the story of David and Josh, a gay couple who decided to have a baby through international surrogacy but wound up stranded in India for a month after the government refused to grant exit visas for their newborn twins.

David and Josh were eventually allowed to bring their children home to the U.S. I’m also happy to announce that on April 26, Santos and Lake won their court battle in Thailand too, although the couple is still not able to take their child out of the country right away because of the possibility of an appeal by the surrogate mother.

I don’t want to make it sound like surrogacy is bad, or that all people who choose international surrogacy are destined to have horrible experiences, but I do want to raise awareness about the challenges that LGBT people may encounter when choosing to move forward on this path. Here are the top three things you should be aware of when considering international surrogacy.

Possible legal complications – If you are thinking about going to another country for surrogacy, consider the potential emotional and financial cost if you run into complications. Depending on your situation, you may not be able to bring your baby back to the United States or you may have lengthy delays before you can return. International surrogacy is complex and doesn’t have clear protections. Do your research to understand what legal rights the surrogate will have if any, and how the county protects LGBT couples. Consult with a lawyer that specializes in international surrogacy prior to moving forward so that you can be knowledgeable about the situation ahead of time.

Possible breach of contract – Even though all parties sign a contract in the beginning, it is still possible for a surrogate to violate her end of the agreement. There is a risk the birthmother could voluntarily have an abortion without the consent of the intended parents or refuse to have an agreed-upon abortion when recommended by the physician. It is also possible that the surrogate could use drugs, consume alcohol or fail to follow other behavioral restrictions laid out in the contract. In the case of Santos and Lake, the surrogate decided to back out of the contract all together after the baby was born.

by Eric Rosewood, HuffingtonPost.com, April 28, 2016

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in Ethics / International / Recently Added / Surrogacy  by Anthony Brown 0 comments

Gay couple wins custody of their one-year-old daughter from Thai surrogate mother

A same-sex American-Spanish gay couple won a high-profile custody battle Tuesday against a Thai surrogate mother who gave birth to their child but then decided she wanted to keep the baby when she found out they were gay.

Bangkok’s Juvenile and Family Court ruled that the legal guardian of the 15-month-old child, named Carmen, is her American biological father, Gordon Lake, and against the child’s Thai surrogate mother, said Lake’s lawyer Rachapol Sirikulchit.

‘The court has granted legal custody of Carmen Lake to Gordon Lake, my client, and (said) that my client is her only guardian,’ Rachapol said.international surrogacy

Lake and his partner, Spaniard Manuel Santos, both 41, have been stuck in Thailand since launching their legal battle after Carmen was born in January 2015.

Santos emerged from the court smiling and with tears in his eyes.

‘We won,’ he told reporters. ‘We are really happy. … This nightmare is going to end soon.’

‘After 15 months, Carmen will fly to Spain,’ where the couple lives, Santos said.

Rachapol said the couple would not be able to take Carmen out of the country right away pending the possibility of an appeal by the Thai surrogate mother, Patidta Kusolsang. She was not in court and her intentions could not immediately be learned.

Lake and Santos celebrated their legal victory on the ‘Bringcarmenhome’ Facebook page set up to support their custody fight.

‘There is no way to express with words what we are feeling!’ they posted. ‘We are crying, our family is crying, our friends are crying, and we are sure all the Thai people who showed their love for us during this time are crying too.’

‘Today is a huge day for love, for family and for truth. And it is also a big day for LGBT rights,’ said their posting, referring to lesbian, gay, bisexual, and transgender rights.

The case was seen as complicated by the fact that Thai law does not recognize same-sex marriages and also by a new law that bans commercial surrogacy, which took effect after Carmen’s birth. Rachapol said the court’s ruling was based on a transitory clause in the law allowing the intended parents of any baby born before the law took effect to request to be the legal parents.

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DailyMail.co.uk by Associated Press – April 26, 2016

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Landmark China Same Sex Marriage Case Rejected

China Same Sex Marriage Case Rejected Dealing Gay Rights Movement A Major Blow

BEIJING (Reuters) – A court in China on Wednesday rejected a landmark China same sex marriage case by two men who had sought permission to get legally married, one of the plaintiffs said, a decision that shines the light on gay rights in the world’s most populous nation.

While homosexuality is not illegal in China, and large cities have thriving gay scenes, same-sex marriage is not legal, and same-sex couples have no legal protections.international surrogacy

In what activists hailed as a step forward for gay rights, Sun Wenlin, 26, had lodged the suit with a court in the southern Chinese city of Changsha against a civil affairs bureau that denied him the right to marry.

But after a short hearing, the court turned down his request to marry, Sun said.

“Of course I’m not very pleased about it but I’m not going to give up,” he told Reuters by telephone. “I plan to appeal.”

Sun said he had filed the lawsuit in December because he wanted to form a family unit with his 36-year-old partner.

Sun previously told Reuters he had tried to register to marry his boyfriend at the Furong district civil affairs bureau in June but was rejected by an official who told him “marriage had to be between a man and woman.”

April 13, 2016 – Huffingtonpost.com, via Reuters

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in Education / In the News / International  by Anthony Brown 0 comments

Kiwi dads speak out from Mexico – Their Story

Meet Lachlan, Kelly and Blake: the newborns who are about to find themselves at the center of an international legal storm.

The “triplings” were born to surrogate mums in Mexico, in an arrangement with their Auckland parents, David and Nicky Beard, and an Argentinian egg donor.

Kiwi dads, the Beards have now decided to publicly identify themselves on Stuff, to raise awareness of their battle. They believe they were the last gay couple allowed to use international surrogates to give birth to their children, as Mexico tightens its IVF laws to bring them in line with most other nations.

David Beard, 41, the biological dad, is a prominent lawyer and the owner of Auckland law firm LegalStreet. His husband Nicky Leonard Beard, 32, is originally from Ireland. The couple issued a simple plea early on Tuesday morning: “David, Nicky, Lachlan, Blake and Kelly simply want to come home to their family.”

international surrogacy

Speaking openly early on Tuesday, David Beard shared his emotions at becoming a father.

“I cannot describe the feeling. It was beautiful. It was instant love and caring, like a lion with its cubs, I looked at them and could not believe that they had come from me.

“I looked at their eyes and their faces and I cried. I only cry when I am happy – which is weird in itself! They are beautiful, and no matter how smelly the nappies are, they are still beautiful.”

The couple desperately wanted to get their children home from Villahermosa. They were pleading for help from friends and family around the world but, most of all, from the New Zealand and Mexican governments.

Click here to read the entire article.

by JONATHAN MILNE, NICOLE LAWTON AND ANNA BURNS-FRANCIS – Stuff.co.nz March 29, 2016

in Anonymous/Known Donation / Egg Donation / Family Stories / International / Personal Stories / Step Parent Adoption / Surrogacy  by Anthony Brown 0 comments

China bans depictions of gay people on television

Content that ‘exaggerates dark side of society’ is banned from TV in China – from homosexuality to adultery, showing cleavage and even reincarnation.

 

The Chinese government has banned all depictions of gay people on television, as part of a cultural crackdown on “vulgar, immoral and unhealthy content”.

Chinese censors have released new regulations for content that “exaggerates the dark side of society” and now deem homosexuality, extramarital affairs, one night stands and underage relationships as illegal on screen.

Last week the Chinese government pulled a popular drama, Addicted, from being streamed on Chinese websites as it follows two men in gay relationships, causing uproar among the show’s millions of viewers.

Chinese surrogacy

The government said the show contravened the new guidelines, which state that “No television drama shall show abnormal sexual relationships and behaviors, such as incest, same-sex relationships, sexual perversion, sexual assault, sexual abuse, sexual violence, and so on.”

The ban also extends to smoking, drinking, adultery, sexually suggestive clothing, even reincarnation. China’s State Administration of Press, Publication, Radio, Film and Television told television producers it would constantly monitor TV channels to ensure the new rules were strictly adhered to.

The clampdown follows an increase in cultural censorship in China since Xi Jinping came to power in November 2012. In December 2014, censors stopped a TV show, The Empress of China, from being broadcast because the actors showed too much cleavage. The show only returned to screens once the breasts had been blurred out.

In September 2015, a documentary about young gay Chinese called Mama Rainbow was taken down from all Chinese websites.

The Guardian, March 4, 2016

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Italian Civil Unions Bill adopted by Senate

Italian civil unions bill was signed off on by the Italian Senate on Thursday creating a civil union status for same-sex couples after a bitter debate that dominated Italian politics for months.  The victim of this Bill was second parent adoption protections for LGBT Italian families.

 

The vote was 173 in favor and 71 against, Italian newspaper La Repubblica reported.The bill must now must be approved by the Parliament’s lower house, but it is expected to encounter much less resistance there than it did in the Senate.

But if the legislation is adopted in its current form, it will not be an end to the fight over same-sex couples’ rights. The government of Prime Minister Matteo Renzi traded away provisions important to LGBT activists in order to clear the path for Thursday’s vote, including a person’s right to adopt the child of a same-sex partner. LGBT groups are vowing a new fight against Renzi’s ruling coalition and litigation challenging provisions that they see as discriminatory.

international

“Pontius Pilate could not have done better,” a broad coalition of LGBT groups said in a statement denouncing the compromise issued shortly before the Senate vote, calling for a protest on March 5. If this bill is adopted, the groups said, would make Italy “unlike almost any other country in [the European Union] and unique among its founding countries, [ignoring] completely the existence and needs of the sons and daughters of gay couples.”

“Now our battle — concluding the associations — will continue in the streets and in the courts,” they vowed.

The open wounds left by this fight will not only keep the battle alive in Italy, but could become a problem for major European institutions.

Daniele Viotti, a member of the Parliament of the European Union from Italy’s ruling Democratic Party, said in a statement to BuzzFeed News that he was calling on the E.U.’s executive body — called the European Commission — to enact regulations that would require member states to recognize adoptions and other “public documents related to civil status” from one another. The E.U. technically has no jurisdiction over family law in member states, but these issues affect freedom of movement for LGBT people throughout the continent which does fall under the E.U.’s domain.

“I think Europe will ask Italy for more and I hope Italy will be ready for more,” said Viotti, who is also co-president of the Parliament’s LGBT rights caucus. “Dropping stepchild adoption is dreadful because it leaves children without protection. The fight is not over.”

But Viotti said, the European Commission has “become a lot more timid” in pushing LGBT rights. The Commission is also now facing a grassroots effort by conservatives, called “Mum, Dad, and Kids.” The group is using a relatively new mechanism, installed to make the E.U. more democratic, to mount a petition drive to pressure the E.U. to define marriage as between a man and a woman.

by J. Lester Fedder – Buzzfeed.com, February 25, 2016

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in In the News / International / Legislation  by Anthony Brown 0 comments