Surrogate children can now claim French citizenship, top court rules

RT.com/news July 3, 2015

France’s top court has ruled that two surrogate children born abroad will now have legal status in the country. They can obtain birth certificates and claim citizenship despite a ban on surrogacy in France.

“Surrogate motherhood alone cannot justify the refusal to transcribe into French birth registers the foreign birth certificate of a child who has one French parent,” saysa statement from the Court of Cassation, one of France’s courts of last resort which has jurisdiction over all matters.

The court said in its press release that it was asked to consider two cases. In each of them, a French citizen claimed to be father to a child born by a surrogate mother in Russia.

The court said that the plaintiff “asked for the transcription of the Russian birth certificate into the French birth registers.”

“…the rules pertaining to transcription into French civil status registers, construed in the light of Article 8 of the European Human Rights Convention, should apply to this case. Therefore the theory of a fraud cannot hinder the transcription of a birth certificate,” the court said in the statement.

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Gay couple unable to leave Thailand with daughter

Washington Blade, by Michael Lavers – June 24, 2015

A Florida man claims he and his husband are unable to leave Thailand with their infant daughter because the woman who gave birth to her objects to the fact they are a same-sex couple.

Gordon “Bud” Lake told the Washington Blade during a Skype interview on June 9 that he met the surrogate mother in person for the first time the day before his daughter, Carmen Santos Lake, was born in a Bangkok hospital on Jan. 17.

He said he visited her in the subsequent days, and brought his son Álvaro, who was born through a surrogate in India in August 2013, with him. Lake told the Blade that his husband, who is from Spain, did not accompany him. Lake said the surrogate — who is not the baby’s biological mother — agreed to list him on their daughter’s birth certificate as her father.

He told the Blade the surrogate also signed a consent form that allowed him to take her from the hospital. “All seemed to be going well,” wrote Lake in an email to the Blade earlier this month. “Carmen was beautiful, happy and healthy. The surrogate was fully cooperating and I was looking forward to heading home with my family in a matter of weeks, once all the remaining paperwork was finalized.”

Lake told the Blade he first became aware that the surrogate had an issue with the fact that he and his husband are a same-sex couple a few weeks after she gave birth to their daughter. “She had stated to our lawyer [that] she was fine helping out a couple that had problems that couldn’t have a child on their own and that we weren’t an ordinary family,” Lake told the Blade, recalling the surrogate’s objections. “That’s when I first found out about it. I don’t know if the agency told her before hand.” Lake told the Blade the surrogate — represented by the Women’s Lawyers Association of Thailand — did not show up for a scheduled meeting at the U.S. Embassy in Bangkok where he said she was to have provided him with the necessary paperwork that would have allowed him to leave the country with his daughter.

He said the surrogate was also supposed to sign for her American passport. The surrogate made the first of several appearances in the Thai media on March 3. Lake told the Blade that the surrogate on March 19 arrived at the Bangkok apartment building in which he and his husband had previously lived. He said they had already moved because their original lawyer told them “she could come and try to take the baby from us.” Lake said the surrogate and her teenage daughter waited in the lobby for eight hours.

“She asked me to come downstairs and bring the baby,” he said, recalling a conversation he said he had with the surrogate over a Thai social media network. “She wanted to see the baby.”

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Overview of surrogacy and adoption options in the USA / 2015 Brussels MHB

Italian surrogacy case goes to ECHR Grand Chamber

By Susan Gately – 05 June, 2015 – CatholicIreland.Net (The implications of this case are huge for European surrogacy but please keep in mind that the tone of the reporting reflects the source.)

The European Court of Human Rights decided earlier this week to refer an Italian surrogacy case on appeal to the Grand Chamber of the Court.

The case Paradiso and Campanelli v. Italy was originally heard in the European Court of Human Rights in January this year.

The case involved a couple who obtained a child from a Russian company specialising in surrogacy.

Paradiso and Campanelli paid €49,000 for the baby boy who was produced through in vitro fertilisation and surrogacy. He had no biological connection with them.

Surrogacy is illegal in Italy, so the purchase of the baby was illegal, and passing him off as their own child, was seen as an act of fraud and a breach of public order. The Italian courts prosecuted the couple and the baby was placed with a foster family.

Paradiso and Campanelli appealed to the European Court of Human Rights maintaining that the interference was a breach of their right to “respect for private and family life” which is protected under the European Convention of Human Rights.

In its judgment on 27 January 2015, the Section of the European Court of Human Rights ruled in favour of the couple and ordered the Italian government to pay them €20,000 in damages and costs.

The Court considered that the Italian authorities had not given sufficient weight to the best interests of the child when balancing them against public-policy considerations.

The authorities had decided to remove the child and to place him under guardianship on the grounds that he had no biological relationship with the applicants and that the applicants had been in an unlawful situation (by contacting a Russian agency in order to become parents and subsequently bringing a child to Italy whom they passed off as their child, they had circumvented the prohibition in Italy on surrogacy and the rules on international adoption).

The Court said in particular, the authorities had not recognised the de facto relationship between the applicants and the child and had imposed an extreme measure, reserved for cases where children were in danger.

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Virgin Islands Supreme Court Rules in Favor of Second-Parent Adoptions

May 23rd, 2015 by Art Leonard

On May 20 the Supreme Court of the Virgin Islands ruled that the Superior Court erred when it dismissed a second-parent adoption petition on the ground that the Virgin Islands did not recognize the Canadian same-sex marriage of the petitioners and granting the co-parent’s petition would require terminating the parental rights of the birth mother.  In re L.O.F. & N.M., 2015 V.I. Supreme LEXIS 13.  Eschewing a literal reading of the archaic adoption statutes, the court held that the policy of deciding adoption petitions in the best interest of children provides a basis to “waive” the termination of parental rights when a same-sex co-parent (or stepparent, for that matter) petitions to adopt a child.

The biological mother of L.O.F. and N.M. and her same-sex partner were married in Canada in 2007, and have raised their children together in St. Croix, V.I.  The children were conceived through anonymous sperm donations, the donors having necessarily waived any parental rights.  The women filed an adoption and name-change petition in the Superior Court in December 2012, asking the court to grant an adoption in the partner’s favor without affecting the parental rights of the birth mother so that “all parental rights and obligations [are] shared equally.”  The petition described this arrangement as a “second-parent adoption,” a procedure approved in many court decisions in the United States.  However, Superior Court Judge Denise A. Hinds Roach denied the petition, holding that because the petitioners “filed together as spouses” under “a limited ‘spousal’ or ‘stepparent’ provision in the V.I. adoption statutes and the V.I Code limits marriage to different-sex couples, the court could not grant the adoption.  After the superior court denied a motion for reconsideration, the petitioners appealed to the Supreme Court.

Writing for the unanimous court, Justice Maria M. Cabret found that Judge Hinds Roach had misconstrued the V.I. adoption provisions.  Indeed, the court found that a literal interpretation of those provisions would disallow ordinary stepparent adoptions.  This is because the statute authorizes adoptions only by single people or married couples, and apparently requires terminating the parental rights of natural parents upon the adoption of their children.  Reviewing the history of the V.I. statute, first enacted in 1921 and later incorporated without change in the V.I. Code in 1957, Justice Cabret pointed out that divorce and remarriage were not common phenomena in the Virgin Islands in those days so provision for stepparent adoptions was not made.  However, the court went on to say that a literal reading of the statutory language should be rejected if it would produce absurd results or undermine the statutory objective, which is to “consider the best interests of the child when making decisions that concern the child.”

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Brussels conference offers European gay men hope of parenting through surrogacy and adoption in the USA and Canada

MenHavingBabies.org – 5/28/2015

The “Parenting Options for European Gay Men” conference, hosted by the NY based organization “Men Having Babies”, attracted more than 200 prospective gay fathers from 10 countries, and also garnered intense media attention. The conference served to raise awareness of limited domestic parenting options for European gay men, amid increasing political debates across Belgium, France, and the Netherlands regarding surrogacy and assisted reproduction legislation.

With over 2000 gay couples and singles worldwide, including 700 in Europe, the nonprofit organization Men Having Babies (MHB) is dedicated to easing the path to surrogacy parenting for its members. For several years MHB has been providing unbiased guidance and financial assistance to prospective parents in the USA, the UK and Israel. On May 2-3, 2015, the organization held its first conference in continental Europe, in collaboration with the LGBT parenting organizations “Meer dan Gewenst” from the Netherlands and “Gay Surrogacy UK”.

The “Brussels Conference on Parenting Options for European Gay Men” attracted more than 200 prospective gay dads from 10 countries, well above original estimates. The high demand forced the organizers to add an overflow room where dozens of attendees watched the presentations via live video feed. “We were overwhelmed and moved by the large attendance and intense desire for parenting expressed by men who came from not just neighboring France and the Netherlands, but also from as far as Ireland, Portugal and Bulgaria,” said Ron Poole-Dayan, MHB’s executive director.

The conference brought together community activists, medical and legal experts, parents and surrogate mothers. Several workshops and panels offered peer advice on surrogacy and adoption of children from the USA, finding and picking professionals to help in the process, and information about MHB’s Gay Parenting Assistance Program (GPAP), a program designed to make parenting more affordable to those in financial need. “Even with the easing of legal obstacles to adoption by gay men, the reality is that across continental Europe there are very few domestic adoption opportunities,” said Anthony Brown, MHB’s board chairman. “Meanwhile, domestic surrogacy is either illegal or unavailable, and societal attitudes are much more hostile to surrogacy compared with those in the USA and England.” To help prospective parents navigate the precarious legal landscape vis-à-vis gestational surrogacy, the conference offered country-specific panels with leading European legal experts.

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The 2015 MHB Brussels conference on Parenting Options for European Gay Men – highlights

Israel Evacuating Babies Born to Surrogate Mothers in Nepal

Newsweek by Conor Gaffey – April 27, 2015

Israel has begun evacuating surrogate children and their Israeli parents from Nepal in the wake of the earthquake which has killed almost 4,000 people.

Families of 26 babies born to Nepalese women on behalf of Israeli parents appealed to Jerusalem for assistance, with the first three families arriving in Israel yesterday night.

Israeli law only allows for heterosexual partners to pursue surrogate pregnancy in the country, forcing single people and same-sex partners to go abroad to find surrogate parents.

The Times of Israel reported that the Israeli justice ministry also approved a request to receive four Nepalese surrogate mothers carrying babies for Israeli couples.

Approximately 100 surrogate mothers in Nepal are pregnant with Israeli children, according to the Jerusalem Post. Tel Aviv-based company Tammuz Surrogacy International said its 52 Israeli clients were awaiting evacuation in hotels or the Israeli embassy in Nepal’s capital Kathmandu.

The Israel Defence Forces said an 80-member humanitarian aid delegation would travel to Nepal today and would be joined by around 170 military personnel who will set up field hospitals for those injured in the earthquake. Some 150 Israeli travellers are also believed to be missing.

A bill to allow gay couples to go through surrogacy passed its first reading in the Knesset in October but has yet to be adopted into law.

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Surrogate mother banned from keeping her own daughter after parents who hired her were ruled unfit

DailyMail.co.uk – April 18, 2015 by Jenny Awford

A surrogate mother has been banned from keeping her own daughter after it emerged that the woman who hired her had three of her children taken away.

The little girl was given up for adoption after a judge ruled that giving her birth mother, 28, custody would traumatise her other daughter.

The surrogate, from Tyne & Wear, who already has a five-year-old girl, said she broke down when the family court ruled she could not raise her own baby or even visit her.

‘They said if she was to come back to me it would affect the daughter I already have, it would get to her emotionally,’ she told The Sun.

‘But I couldn’t stop crying. I just broke down. I would have loved to have brought her up.’

She said she first became concerned when the parents she gave birth for vanished the day after she handed over the baby in 2013.

The 28-year-old then realised the couple, who she had met via a website, had lied about their address and background.

She refused to sign over parental control and it later emerged the other woman already had three children taken away from her by social services.

It then took more than a year before the girl was finally removed from their family home in the North East.

A family court later ruled they should not keep the child but instead chose a third adoptive family over the surrogate.

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French Court OKs Adoption by Lesbian Partners

Associated Press – April 16, 2015

PARIS — A French court has authorized four lesbian women to adopt children born to their wives abroad through artificial insemination.

While France has legalized gay marriage and adoption, only heterosexual couples are allowed to have medically assisted fertilization. Supporters of gay rights praised Thursday’s ruling, which allows these children to have two legal parents.

The Versailles appeals court overturned a ruling delivered by a lower court a year ago, according to the lawyer for one of the four couples.

In April 2014, a lower court in Versailles had said the birth mother in that case had committed fraud by having artificial insemination in Belgium. It was then the first court ruling against adoption by a lesbian couple since the gay marriage law had been enacted in May 2013. Several other ones had followed since then.

France’s highest court later ruled that seeking fertilization abroad is “not an obstacle” to allowing lesbian women to adopt the children of their partners, even if this way of having babies is forbidden to lesbian couples in France.

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