China Experiences a Booming Underground Market in Child Surrogacy

New York Times – August 2, 2014 – by Ian Johnson

The rise of surrogacy is often linked to the increase in wealthier, better-educated Chinese couples waiting until their late 30s to start a family, a trend that makes it harder to conceive. Some academics say China’s severe air, water and soil pollution contribute to increasing infertility, though that claim has not been scientifically demonstrated.

Regardless, failure to reproduce is less of an option than it is in the West. Tradition holds that couples must have a child. A folk proverb warns that “among the three unfilial deeds, having no offspring is the worst.” Some women think they must have a child or their husbands will divorce them. Some couples seeking surrogacy have sadder stories, sometimes hoping to replace only children who have died.

China’s unregulated market, with a network of roughly 1,000 baby brokers nationwide, often results in trouble.

One woman who asked to be identified only by her family name, Zuo, said a friend put her in touch with a woman from the countryside who had already given birth and needed more income. Another friend recommended a private clinic in Beijing that would conduct the embryo implantation and follow-up treatments; a surrogate mother requires months of hormone shots to prepare her body for the implanted embryo and prevent its rejection.

Thai surrogacy is now dead in the water

Australian Surrogacy and Adoption Blog – July 31, 2014 By Stephen Page –

A couple of days ago I wrote about how there was a crackdown in Thailand about surrogacy and gender selection.

Yesterday there was a meeting between the various IVF clinics, the Thai Medical Council, lawyers and others. The outcome of the meeting is ominous for those who undertake surrogacy in Thailand: it is over.

In summary, surrogacy is now only recognised in Thailand if:

  • the intended parents are a heterosexual married couple
  • who are medically infertile
  • the surrogacy is altruistic
  • and the surrogate is a blood relative.

It is no surprise that this will exclude almost every foreigner from pursuing surrogacy in Thailand. For Australians, this is significant- as about 400 babies were born in Thailand via surrogacy in the year ended 30 June 2012 to Aussie intended parents, and that number is likely to have increased since then.

The ruling coming out of the meeting, bearing in mind that there is now a military junta in charge in Thailand, is that surrogacy will be illegal in Thailand if:

  • the intended parent or parents are unmarried under Thai law (i.e. de facto couples, same sex couples and singles are excluded)
  • any money is paid to the surrogate
  • the removal of the child from Thailand without permission of Thai authorities will breach Thailand’s human trafficking laws.

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A Surrogacy Agency That Delivered Heartache

By tamar Lewin – The New York Times, July 27, 2014

CANCÚN, Mexico — Rudy Rupak, the founder ofPlanet Hospital, a medical tourism company based in California, was never shy about self-promotion. Over the last decade he has held forth about how his company has helped Americans head overseas for affordable tummy tucks and hip replacements. And after he expanded his business to include surrogacy in India for Western couples grappling with infertility — and then in Thailand, and last year, Mexico — he increasingly took credit for the global spread of surrogacy.

But now Mr. Rupak is in involuntary bankruptcy proceedings, under investigation by the F.B.I. and being pursued by dozens of furious clients from around the world who accuse him of taking their money and dashing their dreams of starting a family.

Where it is permitted, as in parts of Mexico, businesses like Mr. Rupak’s — many reputable, some not — have flourished by serving as intermediaries connecting clients with egg donors, in vitro fertilization clinics and surrogates. Those able to pay more than $100,000 for services often turn to an American agency in a state where surrogacy is legal and fairly widely practiced. Those with less money often go to India or to Mexico through agencies like Planet Hospital that advertise heavily and charge less than half the American price.

Jonathan C. Dailey, a lawyer in Washington, wired Planet Hospital $37,000 in December 2013, the first installment on a contract for a single mother in Mexico to carry his child. He and his fiancée flew to Cancún to leave a sperm deposit at the clinic that would create the embryo and to visit the downtown house where their surrogate would live while pregnant. They picked a “premium” egg donor from the agency Planet Hospital sent them to. But nothing happened.

“It was just outright fraud,” said Mr. Dailey. “It’s like we paid money to buy a condo, they took the money, and there was no condo. But it’s worse, because it’s about having a baby.”

The emerging Planet Hospital story, which Mr. Rupak characterized as one of mismanagement rather than fraud, stands as a cautionary tale about the proliferation of unregulated surrogacy agencies, their lack of accountability and their ability to prey on vulnerable clients who want a baby so badly that they do not notice all the red flags.

Catherine Moscarello, who worked with Mr. Rupak and handled communications with clients, said the company was engaged in unsavory practices “from the moment I stepped aboard.”

“The object was to get money,” she added. “He would keep changing clinics, and whenever his relationship with a clinic in India or Thailand or Cancún broke off, he would disparage the clinic and the doctors there. But what was really happening was that he wasn’t paying his bills.”

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Would-be parents fleeced, surrogates abandoned by Mexican surrogacy operation Planet Hospital

By ABC.net.au By Jane Cowan and Bronwen Reed – July 8, 2014

An unscrupulous surrogacy operation in Mexico has left clients thousands of dollars out of pocket, and dozens of would-be surrogates abandoned, a Foreign Correspondent investigation has revealed.

Some of the clients are believed to be Australians.

At least one of the surrogates tracked down by Foreign Correspondent miscarried after being impregnated with twins, and received only a fraction of the money she was promised.

The man behind the operation, Rudy Rupak, has done the same thing previously in two other countries, according to one of his former employees.

Earlier this year, Foreign Correspondent exposed India’s lucrative commercial surrogacy industry, following two Australian couples on their own odyssey to create a baby.

Clinics offering an array of affordable fertility services are springing up in cities, towns and villages across the subcontinent.

Click here to read the entire article.

Largest-ever study of same-sex couples’ kids finds they’re better off than other children

Vox.com by German Lopez, July 7, 2014

The largest-ever study of same-sex parents found their children turn out healthier and happier than the general population.

A new study of 315 same-sex parents and 500 children in Australia found that, after correcting for socioeconomic factors, their children fared well on several measures, including asthma, dental care, behavioral issues, learning, sleep, and speech.

At the same time, two-thirds of the parents reported a perceived stigma on at least one issue tracked by the survey. These stigmas ranged from other people gossiping about an LGBT family to same-sex parents feeling excluded at social gatherings due to their sexual orientation.

Perceived stigmas were associated with worse scores for physical activity, mental health, family cohesion, and emotional outcomes. The stigmas, however, were not prevalent enough to negatively tilt the children’s outcomes in a comparison to outcomes across the general population.

Study author Simon Crouch told ABC News in Australia that previous research suggests same-sex parents don’t feel pressured into gendered roles, which lets them more freely adapt to the needs of the family.

“So what this means is that people take on roles that are suited to their skill sets rather than falling into those gender stereotypes, which is mum staying home and looking after the kids and dad going out to earn money,” Crouch said. “What this leads to is a more harmonious family unit and therefore feeding on to better health and well-being.”

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Coming to U.S. for Baby, and Womb to Carry It

Foreign Couples Heading to America for Surrogate Pregnancies

New York Times, July 5, 2014 – by Tamar Levin

At home in Lisbon, a gay couple invited friends over to a birthday celebration, and at the end of the evening shared a surprise — an ultrasound image of their baby, moving around in the belly of a woman in Pennsylvania being paid to carry their child.

“Everyone was shocked, and asked everything about how we do this,” said Paulo, who spoke on the condition that neither his last name nor that of his husband, João, be used since what they were doing is a crime in Portugal.

While babies through surrogacy have become increasingly common in the United States, with celebrities like Elton John, Sarah Jessica Parker and Jimmy Fallon openly discussing how they started a family, the situation is quite different in Portugal — as it is in most of the world where the hiring of a woman to carry a child is forbidden.

And as Paulo and João have discovered, even bringing home a baby born abroad through surrogacy can be complicated.In an era of globalization, the market for children crosses national borders; witness the longtime flow of Americans who have gone overseas to adopt babies from South Korea, China, Russia and Guatemala.

Other than the United States, only a few countries — among them India, Thailand, Ukraine and Mexico — allow paid surrogacy. As a result, there is an increasing flow in the opposite direction, with the United States drawing affluent couples from Europe, Asia and Australia. Indeed, many large surrogacy agencies in the United States say international clients — gay, straight, married or single — provide the bulk of their business.

The traffic highlights a divide between the United States and much of the world over fundamental questions about what constitutes a family, who is considered a legal parent, who is eligible for citizenship and whether paid childbirth is a service or exploitation.

In many nations, a situation that splits motherhood between the biological mother and a surrogate carrier is widely believed to be against the child’s best interests. And even more so when three women are involved: the genetic mother, whose egg is used; the mother who carries the baby; and the one who commissioned and will raise the child.

Many countries forbid advertising foreign or domestic surrogacy services and allow only what is known as altruistic surrogacy, in which the woman carrying the baby receives payment only for her expenses. Those countries abhor what they call the commercialization of baby making and view commercial surrogacy as inherently exploitive of poor women, noting that affluent women generally do not rent out their wombs.

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European human rights court orders France to recognise surrogate-mother children

By RFI – June 26, 2014

The European Court of Human Rights (ECHR) has ordered France to recognise children born to surrogate mothers abroad even though surrogacy is banned on French territory. Refusal to do so undermines children’s identity, the court ruled in cases brought by two French families.

France has the right to ban surrogate parenthood but not to refuse granting legal to parent-child relationships of children born to surrogate mothers, the ECHR ruled on Thursday.

The “legal guinea pigs”, as one father described them, were two families, the Mennessons and the Labassees, who have children born to surrogate mothers in the US, where the practise is legal in some states.

Twins, Valentina and Fiorella Menesson, were born in 2000 in California, having been conceived from their father’s sperm and a donor’s oocyte, and have US citizenship.

Juliette Labassee was born in Minnesota in 2001 in similar circumstances, and is also a US national.

Click here to read the entire article.

Australian Government to order fertility clinics to release donor information

Sydney Morning Herald – May 11, 2014 by Nicole Hasham

Fertility clinics will be forced to hand over information about anonymous sperm donors so children can learn about their genetic origins, in a move that has divided doctors and offspring advocates.

The state government will also consider bringing in laws to protect donor records, after an inquiry heard “alarming” evidence that doctors had destroyed information to prevent donors being outed.

Health Minister Jillian Skinner plans to establish a central, government-run register of sperm donor records, allowing offspring to apply for non-identifying information about their donor fathers. This could include medical history, ethnicity and physical characteristics such as eye and hair colour.

The register also raises the prospect that more donors and their offspring would make contact, by offering a linking service if both parties consent. Under a current, little-publicised voluntary system, just 21 offspring and 20 donors are registered.

Click here to read the entire article.

Surrogacy Shouldn’t Block Adoption, Court Determines

New York Law Journal – April 10, 2014

A Queens man may legally adopt his husband’s biological twins even though they were born to a woman under a surrogacy agreement that is illegal in New York state, a Family Court judge determined.

Judge Barbara Salinitro (See Profile) ruled that the best interests of the twins is the most important consideration in weighing the adoption petition of a man identified in court papers as “J.H.-W.,” not that the surrogacy agreement that reulted in their birth is “void and unenforceable” under New York law.

A home study provided to the court showed that the children are “thriving” in the care of J.H.-W. and his same-sex spouse, “M.H.-W.,” the judge said.

“The court is not being asked to enforce the surrogacy contract that forms the basis for the adoption, nor does the relief sought include claims relating to the surrogacy agreement itself,” Salinitro wrote in Matter of J.J., A-19-20/14. “Rather, the proposed adoptive parent…wants desperately to have equivalent legal status as the birth parent, which is what the couple had always envisioned as they proceeded on their bumpy road towards starting a family together, and is prepared to assume the rights and responsibilities that accompany legal parentage.”

To that end, the judge continued, the surrogacy agreement with the woman who bore the children in Mumbai, India, in 2013 is of “no consequence” to the adoption proceeding in Queens.

“The court finds where a surrogacy contract exists and an adoption has been filed to establish legal parentage, such surrogacy contract does not foreclose an adoption from proceeding,” Salinitro wrote.

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Della Wolf is B.C.’s 1st child with 3 parents on birth certificate

By Catherine Rolfsen, CBC News – 2/10/2014

A Vancouver baby has just become the first child in British Columbia with three parents listed on a birth certificate.

Three-month-old Della Wolf Kangro Wiley Richards is the daughter of lesbian parents and their male friend.

“It feels really just natural and easy, like any other family,” said biological father Shawn Kangro. “It doesn’t feel like anything is strange about it.”

B.C.’s new Family Law Act, which came into effect last year, allows for three or even more parents.

Della’s family is the first to go through the process, and they finalized the birth certificate registration last week.

B.C., which is celebrating Family Day on Monday, is the first province in Canada with legislation to allow three parents on a birth certificate, although it’s been achieved elsewhere through litigation.

Moms wanted a dad, not just a donor.

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