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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China to crack down on surrogacy industry

Xinhua News Agency,

BEIJING, April 9 (Xinhua) — China will launch a nationwide cross-department campaign to crack down on illegal surrogacy starting this month.

The nine-month campaign will last until the end of this year and will involve 12 government departments focusing on spotting and punishing medical personnel and intermediary agencies that help perform surrogate pregnancy services, the National Health and Family Planning Commission (NHFPC) announced Thursday.

Internet website, TV, radio and print media that carry surrogacy ads will also be cleansed, while the authorities will step up supervision over the sale and circulation of assisted reproductive technology (ART) drugs and medical equipment, it said.

Surrogacy is strictly banned in China, but the wombs-for-rent businesses has thrived in the world’s most populous country, where some studies indicate an estimated one in eight couples face fertility problems.

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The Hague has decided to appoint an expert group to meet early next year to look at private international rules concerning children, including surrogacy

March 30, 2015 via Stephen Page

The Council decided that an Experts’ Group be convened to explore the feasibility of advancing work in this area . The Experts’ Group should first consider the private international law rules regarding the legal status of children in cross-border situations, including those born of international surrogacy arrangements. To this end, the Council decided that:

a)  the Experts’ Group should meet in early 2016 and report to the 2016 Council;

b)  the Group should be geographically representative and be composed in consultation with Members; and

c)  members are invited to keep the Permanent Bureau updated regarding significant developments in their States in relation to legal parentage and surrogacy.

 

Click here to read the press release.

Kids thrive just as well in non-traditional families, new book says

MyKwartha.com, March 20, 2015 – By Andrea Gordon

Baby Jasmine Chan delivered the ultimate Valentine’s Day gift to her parents this year. It was her first word, clear and deliberate.

“Daddy,” she said, beaming across the dinner table.

Music to her two dads’ ears.

When they met 12 years ago, Paul Chan and Ewan French never imagined they would one day answer to Daddy or Papa.

Chan had recently come out to his family. It was a tough period and his mother was heartbroken. She wanted grandkids. He assumed his own dream of being a father would never come true.

It wasn’t until they married two years ago that the couple started to explore the idea of parenthood. Chan, 33, was confident they could be good, loving parents. French was on the fence.

“I always knew we’d have a strong community around us,” says French, 34, who was born and raised in Scotland.

“But I didn’t want (our child) to face any challenges because of having same-sex parents. Would we be putting her at an unfair advantage because of it?”

According to a new book from University of Cambridge developmental psychologist Susan Golombok, the answer is a resounding “No.”

Golombok, director of the university’s Centre for Family Research, has been studying the impact of evolving family structures on children for almost 40 years.

Modern Families: Parents and Children in New Family Forms, which rounds up research from around the world, concludes that children raised by same-sex parents and solo moms by choice or born as a result of donor conception or surrogacy fare just as well as kids raised by a two-parent, heterosexual married couple.

“The main conclusion is that what matters for children is not so much the structure of the family — the gender or sexual orientation of their parents, the number of parents or whether parents are biologically related to their children,” Golombok said in a phone interview from England.

“What seems to be more important is the quality of the relationships within the family.”

In other words, while the traditional model of mom, dad and biological kids was once considered “the gold standard,” four decades of research doesn’t bear that out.

All other things being equal, children manage just as well — and face the same difficulties — whether they have two dads and no mom, or two moms and no father as they do with two heterosexual parents. There is no evidence they have more psychological problems, difficulty adjusting or atypical gender development, Golombok found.

The fluidity of partnerships and family is also the subject of a soon-to-be-released book by Hollywood actress Maria Bello.

Her memoir, Whatever…Love is Love, follows her 2013 Modern Love column in the Sunday New York Times, which drew accolades. Titled “Coming Out as a Modern Family,” it told the poignant story of how Bello explained to her 12-year-old son that she was in love with her best friend, a woman.

The piece, which made the list of the top 10 Modern Love columns ever written, highlights the resilience and adaptability that kids can demonstrate when they have trusting relationships with parents.

It’s something Chantal Saville has seen in her 6-year-old daughter Nikki, who she’s now raising with the help of her own mom.

After Saville’s marriage broke up two years ago and the couple sold the business they ran outside Peterborough, she wondered how she’d make ends meet.

Her mother, widowed a decade earlier, was still living in the Toronto bungalow Saville grew up in as an only child. The two had always been close.

“Now we are effectively co-parenting Nikki,” says Saville, 42, a writer.

In the early days, mom and grandma occasionally locked horns over discipline when the era of, “because I said so” clashed with modern refrain of, “sweetie, here’s why I need you to do what I ask.”

But they’ve learned that communication is key and that whoever is in charge at a given moment gets the final word.

Organizations like American Academy of Pediatrics and the American Psychological Association have already endorsed findings that the sexual orientation of parents has no bearing on child-rearing abilities or the well-being of kids.

What’s new about Modern Families is it brings together empirical research involving many thousands of families from around the world and explores some of the reasons that more unorthodox families seem to do so well.

Golombok’s career has spanned an evolution in family life, starting in the late 1970s as lesbian moms came out and divorced husbands fought for the right to raise their children, followed by the arrival of the first test-tube baby in 1978.

The book comes amid a huge shift in how society recognizes and accommodates the assortment of families created as a result of assisted reproductive technologies. Modern kids may have a “solo mom” who chose to have a child on her own using donated sperm, or relationships with as many as five parents, including two legal parents, a sperm donor, egg donor and a surrogate.

The careful planning and lengths these parents go to in order to have children may be one reason their kids do well, says Golombok.

It can require years of fertility treatment and facing other barriers like social disapproval. The less motivated give up along the way.

Click here to read the entire article.

Surrogacy and the ‘Legal Parent’ in the UK

 

GayStarNews.com – March 10, 2015

Gemma Whitchurch, of family law solicitors, Irwin Mitchell, looks at some if the legal issues around surrogacy for those in the UK.  Surrogacy is when another woman carries and gives birth to a baby for the couple who want to have a child. For many childless couples and same sex partners it can enable them to have a baby when it would otherwise have been impossible.

There are two types of surrogacy: 1. Full surrogacy (also known as host or gestational). This involves the implantation of an embryo created using either: • the eggs and sperm of the intended parents; • a donated egg fertilized with sperm from the intended father; or • an embryo created using donor eggs and sperm. 2 Partial surrogacy (also known straight or traditional). This involves sperm from the intended father and an egg from the surrogate. Here fertilization is usually undertaken by artificial insemination or intrauterine insemination. If you are considering a surrogacy arrangement, it is crucial to take legal advice before you embark on the process.

The law in this area can be quite complex and unless a parental order is made then the child’s legal parents may not be as you intended. It is important to note that commercial surrogacy is illegal in the UK and as such is a criminal offence. Surrogacy agreements cannot be enforced and therefore caution should be given to anything that purports to be a surrogacy contract. Under the law of England and Wales, irrespective of a biological connection, the woman who gives birth to the child is the child’s mother. This means that even if the child was conceived using the egg of another woman, the woman who gives birth will be the child’s legal mother.

The position of the ‘other parent’ is much more complex and varies whether the surrogate mother is married or unmarried, and in the case of the latter, whether the treatment takes place at a licensed clinic. To realign parentage in a surrogacy arrangement, the intended parents must apply for a parental order. The effect of a parental order is to give the commissioning parents the status of legal parents in the ordinary way.

The Human Fertilization and Embryology Act provide that applicants for a parental order must be: a) Husband and wife; b) Civil partners; or c) Two persons who are living as partners in an enduring family type relationship and are not within prohibited degrees of separation of each other. Surprisingly this has not yet been amended to specifically allow for those applicants in a same-sex marriage, although one cannot envisage any problems if they were to apply for a parental order. The only category of person excluded from applying for a parental order is a single parent which is in stark contrast to adoption where there can be a single applicant. However, it is important to note that this does not stop a single parent entering into a surrogacy arrangements, whether in this country or abroad. In such a situation, legal advice should always be obtained. To make a parental order two conditions must be satisfied: a) The child must have been carried by a woman who is not one of the applicants, AND b) The gametes of at least one of the applicants must have been used to create the embryo

The application must be made within six months of the child being born.  However, there has been a case whereby the application was successful despite being made two years after the child’s birth. In such circumstances, every case will be fact specific and in considering any application for a parental order the welfare of the child will always be the court’s paramount consideration.

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Gay Couples One Step Closer to Having Their Own Babies After Stem Cell Breakthrough

by Dominic Preston, FrontiersMedia.com, February 25, 2015

A major breakthrough in stem cell research at the University of Cambridge and Israel’s Wiezmann Institute of Science has opened the door to the possibility of same-sex couples being able to have children together in the future.

The researchers used stem cells from embryos and skin cells from adults to create new, viable stem cells, using a technique that has previously been used to create live baby mice. Azim Surani, Wellcome Trust project leader and professor of physiology and reproduction at Cambridge, explained that this represented a significant milestone:

“We have succeeded in the first and most important step of this process, which is to show we can make these very early human stem cells in a dish.”

Perhaps most excitingly, the researchers admitted that it was possible to create stem cells from donors of the same gender, and that egg and sperm cells could also be created in the future. Jacob Hanna, the lead on the Israeli research team, explained that members of the gay community have already reached out to the researchers:

“It has already caused interest from gay groups because of the possibility of making egg and sperm cells from parents of the same sex.”

Click here to read the entire article.

Thailand bans commercial surrogacy

TheGuardian.com – February 24, 2015

Thailand’s parliament has passed legislation banning commercial surrogacy, putting a halt on foreign couples seeking to have children through Thai surrogate mothers.

The issue of surrogacy was in the spotlight in Australia last year after a Western Australian couple were accused of leaving a twin boy, known as Baby Gammy, with his surrogate mother after they discovered he had Down syndrome.

The legislation passed by Thailand’s national legislative assembly on Thursday closed loopholes in the country’s public health laws that enabled commercial surrogacy to thrive.

The new law bans all foreign and same-sex couples from seeking surrogacy services in the country.

Only married heterosexuals with at least one Thai partner are allowed to use surrogates. There are no fees allowed for the service and the surrogate mothers must be Thai and over 25 years old.

The surrogate mothers are also required to be relatives of either the husband or wife.

The legislation also includes a ban on advertising and promotions, and shuts down surrogate agents and unregistered clinics.

The Baby Gammy case made headlines in August 2014 when Thai surrogate Pattaramon Chanbua alleged West Australian couple Wendy and David Farnell had abandoned Gammy and returned to Western Australia with his healthy twin sister, Pipah.

Farnell, a convicted child sex offender, retained custody of Pipah late last year after an investigation by the WA Department for Child Protection.

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Surrogacy Agency Pleads Guilty To Ripping Off Would-Be Parents Who Paid for Egg Donations

By Newsroom America Staff at 23 Feb 09:38

(Newsroom America) — The owner of a Glendora egg donation and surrogacy company has pled guilty to a federal wire fraud charge and admitted defrauding would-be parents, egg donors and surrogates over the course of more than three years.

Allison Layton, a 38-year-old resident of Star, Idaho, pleaded guilty before United States District Court Judge George H. Wu.

Layton, who owned and operated Miracles Egg Donation and sometimes used the name Allison Jarvie, lived in Glendora during the course of the scheme.

Between August 2008 and January 2012, would-be parents—who in the surrogacy and egg donation world are known as intended parents—paid thousands of dollars for egg donation and surrogacy services that Miracles promised to coordinate.

Layton took money—often tens of thousands of dollars—from the intended parents, but, instead of putting the funds into escrow accounts to be withdrawn only for certain costs related to the surrogacy or egg donation, Layton used the money for her own personal expenses or to cover unpaid costs related to other clients.

As a result of Layton’s misappropriation of client funds, egg donors, surrogates, attorneys and others often were not paid for all the services they provided and intended parents often did not receive all the services for which they had paid. At least one investor in Miracles also lost money.

When the donors, surrogates and intended parents sought to recover their money and costs, Layton would lull them into believing they would be repaid through false assurances that payments had already been made or would be made soon.

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Men Having Babies San Francisco Surrogacy Conference & Expo

By Jenae, allthingssurrogacy.com – February 16, 2015

Recently,  I had the opportunity to attend the Men Having Babies Surrogacy Conference and Expo in San Francisco, CA. I had heard of the Men Having Babies organization before, but until this recent event had not had a chance to attend one of the conferences. So, with three local SurroSisters in tow, we headed into the city for a day to focus on one of our favorite topics….Surrogacy!

My purpose for attending the MHB Conference, was an opportunity to see what the seminar was all about, the type of information they were sharing, resources they’re promoting, and to connect with other surrogacy professionals in attendance. Education is important to me and being the surrogacy advocate that I am, I couldn’t wait for the days activities!

We started the day by arriving at the LGBT Center early to attend the surrogacy professionals breakfast upstairs. It was such a treat to be able to meet so many wonderful organizations, agencies and fertility clinics! I am always up for meeting new agencies, clinics, and organizations as it gives me the chance to find out what they have to offer you all as surrogates and parents to be!

Armed with my camera in hand, and my SurroSisters taking notes, we made our way from the 4th floor (where the professionals and sponsors were set up as the Expo) down to the 2nd floor Rainbow Room where the seminars were being held. The room was close to packed as we entered, with a line of men still at the door checking in for the day’s event.

How great is that to see a room full of at least 200 men eager for knowledge and understanding of how the surrogacy process works?! All those men we shared a room with that day were there with the same goal in mind, to start their family. It was such a great vibe!

Ron Poole-Dayan and Anthony Brown, Esq., both of Men Having Babies, and Judy Appel of Our Family Coalition started things off with a warm welcome and introduction. After introductions and review of the agenda, they quickly went to business. They began with explaining the Surrogacy process (something they’re both familiar with as both Ron and Anthony had their children through surrogacy), information on egg donation, FAQ’s, agency information; as well as what it means to go “independent”. I feel that they did a great job explaining the process and appreciated that they left time for members in the audience to ask questions.

Click here to read the entire article.