El alquiler de vientres internacional sufre otro golpe

Un informe sobre otro niño abandonado está fomentando el debate en Australia y, al parecer, la Alta Comisión de Australia en Nueva Delhi era consciente de la situación.

El noticiero ABC News ha presentado novedades sobre el caso, que se remonta a 2012, y que ha creado un revuelo de oficiales llamando a una encuesta nacional sobre el alquiler de vientres a escala internacional.

“Una investigación conjunta entre ABC News y Foreign Correspondent puede revelar que el caso involucra a dos gemelos nacidos en India de un vientre alquilado por australianos, los cuales lo habrían obtenido a través de una agencia de alquiler de vientres”.

La Presidente del Tribunal Bryant establece que oficiales del consulado han revelado que existían presiones desde Australia para que les proporcionaran una visa que les permitiera traer de regreso a uno de los bebés a su país ya que los padres sustitutos no deseaban ambos bebés.

“Tengo entendido que la elección del bebé se basaba en su género.”

El caso sale a la luz luego de que los medios realizaran una historia similar en agosto de este mismo año sobre el bebé conocido como “Gammy”, un niño con Síndrome de Down que había sido abandonado en Tailandia por sus padres australianos.

El Juez Principal de la Corte del Circuito Federal, John Pascoe, ha llamado a un estudio nacional sobre el alquiler de vientres.

Enlaces:

http://www.abc.net.au/news/2014-10-08/high-commission-knew-of-surrogacy-case-in-india/5799438

http://www.abc.net.au/news/2014-08-12/advocates-call-for-commercial-surrogacy-to-be-legalised/5666206

Palabras clave:

Baby Gammy, alquiler de vientres en Tailandia, alquiler de vientres en la India, alquiler de vientres en Australia, madre sustituta, alquiler de vientres, madre de alquiler, padres sustitutos.

Adiós a la India, adiós a Tailandia: México, ¿es el nuevo lugar para los vientres de alquiler?

Mientras aquellos que buscan ser padres se debaten entre las opciones de Tailandia y la India (debido a que los costos en los Estados Unidos son muy altos para muchos), México está dando un paso adelante. Con su hermoso clima y sus leyes laxas, específicamente en Tabasco, donde la utilización, con fines altruistas de vientres de alquiler para la gestación ha sido legal desde 1998. Ahora, los padres se están aventurando a las tierras de nuestros vecinos del sur.

Desafortunadamente, las leyes en México no son tan estrictas como lo son aquí en el estado de California. Y, de acuerdo a los artículos aparecidos en The Guardian y Bioedge, esta falta de leyes y regulaciones hace que esta área sea propicia para el fraude y el engaño. Entonces, ¿qué deberíamos hacer? Bien, honestamente, nadie debería considerar jamás formar su familia en un área legal gris donde hay tanto en riesgo. Sin embargo, si realizas tus deberes y te reúnes con un abogado especializado en esta área legal única que es la de la reproducción y que tenga conocimiento de la ley mexicana, pueden trabajar en conjunto para reducir las probabilidades de poner todo en riesgo al formar tu familia.

Palabras clave

Vientre de alquiler, sustituto, sustituto de gestación, abogado especializado en reproducción, abogado especializado en alquiler de vientres, sustitución para la gestación

 

Enlaces

Actor Jason Patric Declared Legal Parent of Child Created via Sperm Donation by California Court

In what has been a two-year battle for actor Jason Patric, he has now been declared the legal father of his son, Gus, who was born to Patric’s ex Danielle Schreiber using his sperm donation.

In fact, the case has a long interesting history:

In February 2013, the actor lost a court battle to gain visitation rights with Gus under a California law that grants the mother full custody in the absence of a written agreement establishing parental rights before conception.

And, at that time, Patric was denied any custody or visitation of his son.

Back in May, California appeals court judge Thomas Willhite said that the presumption against in-vitro fathers shouldn’t be ‘so categorical,’ and that the family law code ‘does not preclude a donor from establishing that he is a presumed father’.

Patric and Schreiber, who had dated off and on for about 10 years, split for good in June 2012 – 19 months after Gus was born.

He filed a paternity claim shortly thereafter.

The actor has been forbidden by Schreiber, who currently is the sole legal parent, from seeing Gus for more than a year. Patric is now seeking full custody of little Gus in a high-profile case that has raised serious questions about the parental rights of sperm donors.

Glad to see the court get this one right and secure his rights as a father.

Links:

http://www.dailymail.co.uk/tvshowbiz/article-2819881/Jason-Patric-declared-legal-parent-four-year-old-son-conceived-vitro-ex-girlfriend-following-two-year-court-battle.html

Keywords: sperm donation, sperm donor, sperm donation laws, Jason Patric, Gus, Danielle Schreiber, California Family Code

U.S. Immigration Policy FINALLY Catches Up with Assisted Reproductive Technology

As reported in the National Law Review, the US Citizenship and Immigration Services (USCIS) has just issued a new policy, clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act, to include a gestational mother who (a) gave birth to the child and (b) was the child’s legal mother at the time of birth under the law of the jurisdiction where the child was born.

This development is a huge relief to those parents whose children, whether via a gestational carrier or an egg or sperm donor, are born overseas. No longer will they have to be concerned about being denied US citizenship for their children as was done in the past, despite the parents being US citizens themselves.

In fact, the article continues to explain the hardship previously dealt with by these parents:

U.S. law requires a U.S. citizen parent to have a biological connection to a child in order to transmit U.S. citizenship to the child at birth. In the context of ART, a father or mother must prove that they are the genetic parent of the child. This can be proved by DNA testing after the baby is born. The new policy expands the definition of “mother” to include a gestational and legal mother of the child at the time and place of the child’s birth (in addition to a genetic mother).

Until this policy was put in place, occasionally children born abroad pursuant to ART became stateless. This is because some foreign fertility clinics have on occasion substituted alternate donor sperm and eggs for the U.S. parents’ genetic material, either purposefully when the U.S. citizen’s genetic material became non-viable, or accidentally, due to errors in the lab. Tragically, sometimes the parents did not learn about these “switches” until they obtained DNA test results after the child’s birth.

Links:

http://www.natlawreview.com/article/us-immigration-policy-catches-assisted-reproductive-technology

http://www.uscis.gov/

Keywords: surrogate mother, surrogacy, surrogate, intended parents, surrogacy laws, surrogacy agreement, gestational surrogacy, US immigration law, USCIS, egg donor, egg donation, gestational carrier

 

California Continues to Strengthen Surrogacy Protections with Amended Law

California is once again proving that surrogacy should only be done in this state. On September 26, 2014, Governor Brown signed a bill that amended Family Code Section 7962 to include the following provision:

Disclosure of how the intended parents will cover the medical expenses of the gestational carrier and of the newborn or newborns. If health care coverage is used to cover those medical expenses, the disclosure shall include a review of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the gestational carrier, third-party liability liens or other insurance coverage, and any notice requirements that could affect coverage or liability of the gestational carrier. The review and disclosure do not constitute legal advice. If coverage of liability is uncertain, a statement of that fact shall be sufficient to meet the requirements of this section.

It appears on its face that the amendment is to provide greater protections to the parties involved – surrogates and intended parents – so that no one is uncertain as to how costs are to be covered in a surrogacy; however, it does bring up the issue of creating liability for involved third parties. We will have to see how it plays out once the law is in effect and being utilized.

Links:

http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2301-2350/ab_2344_bill_20140926_chaptered.pdf

keywords: surrogate mother, surrogacy, surrogate, intended parents, California surrogacy, surrogacy laws, California surrogacy laws, surrogacy agreement, gestational surrogacy, California Family Code 7962

Vague Surrogacy Laws in the US Make Problems for Many

California is once again proving that surrogacy should only be done in a state where all parties – surrogates and intended parents – can rest assured that their surrogacy agreement will be honored. Like we have seen most recently overseas in Thailand and India, not everyone lives up to their end of the bargain. And, now that has hit the US.

In Tennessee a surrogate decided one week after birth that she wanted to keep her genetic child that she was carrying for an Italian couple. You see she was a traditional surrogate, one who was inseminated with the Intended Father’s sperm. Now after years of legal bouts in lower courts where the surrogate was denied any custody, the Tennessee Supreme Court has just ruled that she is entitled to some custody and visitation.

Unfortunately for everyone involved, the 3-year-old child lives in Italy, speaks no English and has never known her surrogate mother. According to the Tennessean:

Tennessee’s surrogacy law “lacks a clear process for persons to create, carry out, and enforce traditional surrogacy agreements,” the Supreme Court noted in its opinion. That “leaves parties to surrogacy contracts and courts ill-equipped to deal with the complex questions that inevitably arise in this area of law.”

The lack of legal guidelines has led to heartbreak.

“Certainly, it’s complicated to try at this point to establish a visitation schedule if you have a child who doesn’t speak English, has never met the surrogate but does have a biological mother whose rights have never been terminated,” said Benjamin Papa, an attorney for the Italian couple, whose identities — like the surrogate’s — remain confidential in the court’s order.

“The battle has been very hard,” Papa said. “They went through the whole surrogacy process in good faith. From their perspective, the surrogate decided she wasn’t going to live up to the bargain at the last minute. They have been very frustrated with her trying to back out of the deal everyone agreed to.”

The case is one of two recent court decisions illuminating a void in state laws guiding surrogacy contracts.

Tennessee’s lack of legal guidelines extends to gestational surrogacy, a more common surrogacy arrangement. Unlike the case of the Italian couple, who used traditional surrogacy – in which the surrogate’s own egg was fertilized by the Italian father’s sperm – gestational surrogacy involves implanting a fertilized egg into a surrogate that has no biological relationship with the woman pregnant with the baby.

Sidenote: Tennessee is one of four states that require an intended mother who uses an egg donor to wait until after the child’s birth to become the legal parent. The mother has to adopt the child. The other states are Nebraska, Louisiana and Iowa.

Links:

http://www.usatoday.com/story/news/nation/2014/10/20/vague-surrogacy-laws-heartache/17643529/

Keywords:

surrogate mother, surrogacy, surrogate, intended parents, California surrogacy, surrogacy laws, California surrogacy laws, surrogacy agreement, Baby Gammy, traditional surrogacy, gestational surrogacy

Goodbye Thailand & India – Mexico is the New Surrogacy Hotspot?

Goodbye Thailand & India – Mexico is the New Surrogacy Hotspot?

With the options for Intended Parents dwindling in Thailand and India and the cost in the US too high for many, Mexico is stepping into the void. With its beautiful weather and lax laws, specifically in Tabasco where altruistic gestational surrogacy has been legal since 1998, parents are now venturing to our southern neighbor.

Unfortunately, the laws in Mexico are not as strict as they are here in the State of California. And, according to articles in both the Guardian and Bioedge, these lack of laws and regulations make this area ripe for fraud and deception. So, what is one to do? Well, honestly, no one should ever want to create their family in a legal grey area where there is so much to risk. However, by doing your homework and meeting with a reproductive lawyer specializing in this unique area of law – and Mexico, you can work together to decrease your chances of risking it all when creating your family.

Keywords

surrogacy, surrogate, gestational surrogate, reproductive lawyer, surrogacy attorney, gestational surrogacy

Links

http://www.bioedge.org/index.php/bioethics/bioethics_article/11163#.VCfr0UdandQ.email

http://www.theguardian.com/world/2014/sep/25/tales-of-missing-money-stolen-eggs-surrogacy-mexico

International Surrogacy Takes Another Hit

A report of another abandoned child is creating more debate in the country of Australia, and it appears that the Australian High Commission in New Delhi was aware of the situation.

 

ABC news uncovered news of the case, which goes back to 2012, has created quite a stir with officials calling for a national inquiry into international surrogacy.

 

“A joint investigation by ABC News and Foreign Correspondent can reveal the case involves a set of twins born in India via a surrogate to Australians who had gone through a surrogacy agency.

 

Chief Justice Bryant says consular officials revealed to her there was pressure from Australia to provide a visa to allow them to return one baby to Australia, as the commissioning parents did not want both babies.

 

It is understood the choice of baby was based on gender.”

 

The case comes to light after the media released a similar story back in August of this year about Baby Gammy, a baby boy with Down syndrome, who had been left behind in Thailand by his Australian parents.

 

The Chief Judge of the Federal Circuit Court, John Pascoe, has called for a national inquiry into surrogacy.

 

Links:

 

http://www.abc.net.au/news/2014-10-08/high-commission-knew-of-surrogacy-case-in-india/5799438

 

http://www.abc.net.au/news/2014-08-12/advocates-call-for-commercial-surrogacy-to-be-legalised/5666206

 

Keywords:

 

Baby Gammy, Thailand surrogacy, India surrogacy, Australian surrogacy, surrogate mother, surrogacy, surrogate, commissioning parents

Hawaii IVF Coverage on the Forefront with Legislators

Well, it is about time – maybe California and the rest of the country should step up and follow Hawaii’s recent legislative amendment filed earlier this year?

While recognizing that infertility is indeed a disability, legislators have set forth new legislation that provides greater coverage for women who have been diagnosed with infertility, while also removing many limiting requirements listed in a previous law. Although Hawaii has been providing IVF coverage for 1 cycle since 1987, the result has limited many from utilizing it by requiring such items as a five, yes a five-year, wait. Legislators apparently realized that this long wait does not help anyone; in fact, a five-year wait can be a death sentence to a woman’s fertility.

Here is the proposed purpose behind the Act itself:

“The purpose of this Act is to provide in vitro fertilization insurance coverage equality for women who are diagnosed with infertility by requiring non-discriminatory coverage and ensuring quality of care in the diagnosis and

treatment of infertility.”

Keywords

IVF, egg donation, IVF cycle, infertility, fertility, IVF doctor, IVF physician, Hawaii State Senate, ASRM

Links

http://www.capitol.hawaii.gov/session2014/bills/SB2909_SD1_.pdf

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2355&year=2014