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Surrogacy in Texas under the Law

Posted on: May 14th, 2015 by Simple Surrogacy No Comments

What Do You Need to Know

Surrogacy in Texas

Texas Law

The State of Texas has codified a statute that protects certain surrogacy arrangements. Pursuant to Chapter 160 of the Texas Family Code, a gestational surrogacy arrangement meets the requirements of the Texas Family Code if there is a written gestational agreement that sets forth that:

 The gestational mother agrees to pregnancy by assisted reproduction;

 The gestational mother, her husband, if married, each donor other than the intended parents relinquish all parental rights and duties with respect to the child;

 The intended parents will be the parents of the child;

 The physician who will perform the assisted reproductive procedure informed each party of: the rate of successful conceptions and births attributable to the procedure, including the most recent published outcome statistics of the procedure at the facility at which it will be performed; the potential for and risks associated with the implantation of multiple embryos and consequent multiple births; the nature of and expenses related to the procedure; the health risks associated with, as applicable, fertility drugs

used in the procedure, egg retrieval procedures, and egg or embryo transfer procedures; and the reasonably foreseeable psychological effects resulting from the procedure; and

 The gestational mother and each intended parent agree to exchange throughout the entire term of the gestational agreement all relevant information regarding their health.

The Texas Family Code requires that:

 The intended parents be married to each other and each intended parent is a party to the gestational agreement;

 The eggs of the gestational mother can’t be used in the assisted reproductive procedure (i.e. the gestational mother can’t be genetic mother);

 The gestational agreement is signed before the 14th day preceding the date of the transfer; and

 The gestational agreement cannot limit the rights of the gestational mother to make decisions to safeguard her health or the health of an embryo.

What is the Process?

Single Intended Parents, Same Sex Married Couples and Heterosexual Married Couples

The legal process consists of three steps. The first step is the preparation of, review and signing of the Gestational Agreement (a.k.a. the “Contract Phase”). The Gestational Agreement is the key to a successful surrogacy journey.

The second step is the validation phase (often referred to as obtaining the “pre-birth order”), which takes place prior to the birth of the child. For a heterosexual couple or a single intended mother, an affidavit from a physician must be provided that sets out that the intended mother is unable to carry a pregnancy to term and give birth to a child or is unable to carry a pregnancy to term and give birth to a child without unreasonable risk to her physical or mental health or to the health of the unborn child.

The third step is the post-birth legal phase. The post-birth legal phase consists of filing a notice of birth with the court to let them know that a child, or children, were born pursuant to your Gestational Agreement and obtaining a second order that confirms you as the parents of the child or children.

Texas courts have issued varies opinions as to whether or not the statute applies to single intended parents and same sex couples that are married; however, some courts have been of the opinion that the statute does apply to same sex married couples and single intended parents as well as heterosexual couples.

Same Sex Non-Married Couples

Historically, for a same sex non-married couple, the legal process consists of two or possibly three steps.

Similar to same sex married couples and heterosexual married couples, the first step is the preparation of, review and signing of the Gestational Agreement (a.k.a. the “Contract Phase”).

The second step is the establishment of parentage after the birth of the child or children. During the second step, the gestational mother and her husband, if any, will execute a relinquishment of parental rights to the child, or children, 48 hours or more after the birth. The intended parents will have genetic testing performed on the child, or children, and themselves to determine the biological connection between the child, or children, and the intended parents. There will be a legal proceeding to terminate any parental rights the gestational mother and her husband, if any, have by virtue of giving birth to the child and ask the court to adjudicate the biological intended parent as the parent of the child or children by virtue of the genetic testing. For a same sex non-married couple, the second step may also include a request to the court to name the non-biological intended parent as a joint managing conservator of the child, or children, giving the non-biological intended parent the same rights as a legal parent.

For a same sex non-married couple, the third step may be for the non-biological intended parent to adopt the child, or children, by virtue of a second parent adoption. The second parent adoption cannot be finalized until the child, or children, have been in the care of the intended parents for at least six (6) months. In addition, a home study and criminal history check will be required.

Important Tips and Things to Keep in Mind

This is a “process”

Texas law requires that there is a minimum of fourteen (14) days between the date the last party signs the gestational agreement and the transfer. It is important that you allow enough time for the legal phase to be completed.

Don’t Wait Until the Last Minute

It is imperative that you contact your attorney before setting a medication start date and transfer date. You should allow no less than thirty days for the contract phase. Most clinics will not allow your gestational carrier to start her medications until you have provided a legal clearance letter from your attorney stating that the contract phase has been completed.

Communication is the Key to Success

Keep in contact with your attorney(s) and the agency throughout the process. We are not able to assist you if you do not keep us informed. Do not assume that

someone else has already told your agency or your attorney(s) something. Also, be honest with your gestational carrier about your desires/wishes from the beginning. It is a waste of your time and money if you are not honest about your expectations with your gestational carrier.

THE LAW OFFICE OF LAUREN GAYDOS DUFFER, P.C.

817.548.5643

www.txfamilylawatty.com

ONE WOMAN’S SURROGATE JOURNEY

Posted on: April 28th, 2015 by Simple Surrogacy No Comments

ONE WOMAN’S SURROGATE JOURNEY

Rene and her three children. – Hoping for a successful surrogate pregnancy and safe delivery.

Rene (26) and Mark (30) had had three healthy pregnancies and delivered three healthy babies, and though they felt happy and blessed, they believed God had more for them to offer. Rene loved being pregnant, and her doctor had referred to her as a “textbook” patient. She began to feel as if God was leading her to be a surrogate mother for a husband and wife who were fertile, yet unable to bring a pregnancy to term, due to health issues.

“I watched an episode of The Little Couple, where they hired a Surrogate and I thought to myself, these are really wonderful people. A married husband and wife who love each other and would make amazing parents and don’t struggle with fertility. The only thing holding them back is her physical restrictions (i.e. size, in this case) that prevent her from being able to carry a healthy pregnancy. I thought I could totally do this for people! I carry children very well and I would love to help people like that. It was at that point that I talked to Mark about it and he told me that he would support me no matter what, he loved me, and if I felt that God had laid it on my heart, I should do some more research on it,” Rene explained.

Seeking information about surrogacy, Rene went online to research the process and eventually, after consultation with her husband and much prayer, chose to work with the Simple Surrogacy agency and Fort Worth Fertility clinic. After submitting an application and subsequent approval, Rene reviewed profiles to find “Intended Parents” who met her own criteria for acceptance.

“I began to pray very fervently for a very specific couple. God had laid it on my heart that I was looking for a married husband and wife that couldn’t have children for medical issues. Somehow I just knew that I would know who it was when I saw them.  I read through a couple of profiles before Steven and Marie’s came across my desk and immediately I told Mark, ‘I really like them. I’d like to talk to them if possible.’ Mark had read through the profiles with me and we had both agreed that based on my criteria, that they were exactly what I had been praying for…” The agency “…gave my Intended Parents my profile and gave me theirs.” Both couples agreed to meet.

“They had specific criteria they were looking for,” said Rene, “and I had what I was looking for. For them, I believe it was a stay-at-home mom. For me, it was a married husband and wife that couldn’t have children for medical reasons and refused to terminate for any reason, and I preferred them to be Christians. What stood out about Steven and Marie to me was that they fit all of my criteria. They were Christians, which was something I was really focused on…”. 

“We talked on the phone for a phone interview; I picked them; they picked me and, Voila! Here we are today,” said Rene. “I had prayed all along that if there was a reason that God felt that I was being selfish and that this was not my path to please put a stumbling block in my way and to give me the peace to understand that this was just not His will.”

Rene, Mark and their three little girls. – Courtesy PhotosBelieving God is ordering her steps, Rene is also excited about the fact that her Intended Parents are from Germany because she too, claims German roots. “…they lived in Germany, so we had that in common because I’m part German, I speak German and I went to Germany as a foreign exchange student in high school for 3 weeks and I really, really loved it there,” said Rene.

Explanation of this undertaking, that to Rene is more like a mission, has yielded a variety of responses from family and friends. “For my kids I was just very honest. I told them that Steven and Marie could not have a baby by themselves and that they needed someone to carry their baby for them and that Mommy was going to be that person; but I assured them that it was not our baby and that once the baby was born, we would not get to bring it home. My five-year-old really gets it. She knows that the medicine I take is for the baby and she asks me every morning if I’ve taken my ‘baby medicine.’ She tells all of her friends very excitedly how I’m taking these medications to help Steven and Marie have a baby. She’s very excited about it.” 

“As far as reactions from my friends and family members go, my friends have been for the most part, extremely positive. I’ve received lots of kind words from my friends and most of them seem to think it’s great. My Mom and Sister have been an incredible support system. They think what I’m doing is amazing. There have been members of my family who have expressed their dislike of what I am doing. One of my family members actually made the comment “I hope you haven’t told anyone.” Originally it really hurt my feelings. I just didn’t understand how they couldn’t understand what I was trying to do… Now their comments don’t really phase me. I wish they were more supportive, but the fact of the matter is that everyone is just not going to support everything I do and that’s ok with me, because at the end of the day I’m the one who has to live with myself, not them. As long as my husband and my children are ok with my decisions, I’m good,” said Rene.

She explained that the Intended Parents have tried unsuccessfully, more than once, to carry their own pregnancy. For Rene, this is a labor of love, literally.  “The amount of excitement I feel for them is immeasurable. They are so in love and it’s toxic. You can’t help but feel the love between them when you’re around them and I know that a child is just going to multiply that love. Over the years they have experienced heartbreak with trying to get pregnant on their own and we all feel that we were put in each other’s paths by God. I cannot wait to see them become parents and I pray to God that this process results in a successful, healthy pregnancy for them.”When asked if she and her family plan to stay in communication with the Intended Parents, Steven and Marie, and the baby, Rene answered, “Yes. Absolutely.”

After weeks of hormone therapy injections to prepare Rene to carry her Intended Parents’ previously frozen embryo, the transfer will take place May 1. The clinic will monitor her closely. Ten days after transfer Rene will go in for Beta testing to determine the HCG levels in her blood, which will reveal if she is indeed, pregnant. Provided everything goes smoothly, the surrogate mother is expected to be released to her Obstetrician’s care within a few weeks after a successful transfer.

Simple Surrogacy Co-Owner and Executive Program Director Stephanie Scott said, “I am thrilled to have Rene in our program. She is compassionate, generous, detail oriented, has a wonderful family of her own and truly cares about the life she is helping create and the lives of those she is going to bless forever. This is exactly the kind of person we hope to engage as a surrogate.”

In the 13 years Simple Surrogacy has been in business, more than 350 babies to date have been born because of their program. “For me,” said Scott, “there is no better job on the planet I could be prevailed to do. I touch lives and create them with a BIG help from the wonderful women who choose to become surrogate mothers through my program. Sometimes people need a helping hand to realize their dreams of becoming parents. That’s where I and the generous women around the country step in. For those who have never been a surrogate or been on the receiving end, it is hard to create a picture of why these women do what they do. When you are laying back waiting for your first ultrasound and your Intended Parents are holding your hand in tears waiting to find out whether or not they have a baby on the way, it does something to you. All of their hopes and dreams become your hopes and dreams for them. The vulnerability comes out and all you want to do as a surrogate is make it happen for them.”

For more information about Simple Surrogacy, visit www.simplesurrogacy.com. View their blog atwww.blog.simplesurrogacy.com.

Legal issues about Delivery for Gay Fathers in Texas

Posted on: April 21st, 2015 by Simple Surrogacy No Comments

Many Intended Fathers who are matched in Texas through our agency have come across the story below and become worried and concerned about their legal rights to their children after delivery in Texas. We wanted to address their concerns.

 

http://www.huffingtonpost.com/2014/06/18/jason-hanna-and-joe-riggs_n_5506720.html

 

The couple in this story did not use an Agency to guide them on their journey. They went it alone, and somehow ended up with an attorney who did not practice in North Texas, but instead had a primary practice in Houston. This attorney either had a foolish political agenda and purposely filed in Tarrant county courts to gain fame and notoriety in trying to overturn the policies there, or he was simply incompetent and made uninformed decisions about where to file his client’s legal paperwork.

 

When you hire Simple Surrogacy, we provide you with a competent attorney who understands the Texas legal landscape.   Your attorney will work in concert with the Surrogate’s attorney, to prepare and negotiate your agreement.

 

Once everyone has agreed, the agreement is signed and notarized. The next step is to establish your parentage, which can be done in a number of ways depending on your particular case. One way in which your parentage can be confirmed is through the Texas statutory validation process. The validation process results in obtaining a pre-birth order from the Court that names both intended parents as the legal parents, or the single intended parent as the sole legal parent. Whether or not a same sex couple or single intended parent can obtain an order naming them as the parent(s) of the child prior to birth depends on several factors. First, a same sex couple must be married in order to obtain an order prior to the birth naming them both as the legal parents. Second, the attorney handling your case must know the views of the Judge he or she is asking to grant the order naming you as the parents of the child. Surrogacy in general involves some areas of unsettled law; however, the attorneys who frequently work with our clients have taken the time to speak with local Judges about their views and to present their legal argument as to why they believe the laws in Texas support validation of a gestational agreement for same sex married couples and single intended parents. Many local Judges have agreed with those arguments. Even if obtaining a pre-birth order is not an option or undesirable, there are other legal avenues by which your attorney can work with you to confirm your parental rights and be found the child’s legal parent.

 

Simple Surrogacy works with experienced attorneys such as Lauren Gaydos Duffer, and our clients have always been able to obtain parentage to their Child. Please be confident that when you choose Simple Surrogacy as your Agency, we will insure that your journey to Fatherhood through the Texas court system is a smooth one.

Avoiding Costly Issues following Delivery

Posted on: April 17th, 2015 by Simple Surrogacy No Comments

Surrogacy is not always a smooth journey, though we at Simple Surrogacy always strive to make the process as easy as possible for you. Once you reach the long awaited delivery day, many Intended Parents assume that it is smooth and easy from there – that now that they have their babies they can take them and go back to their lives. That is usually the case, but the time of delivery is fraught with emotional challenges that many Intended Parents do not know how to navigate. Handling things incorrectly can result in emotional strain and possible legal repercussions to your surrogate, to yourselves, and even to your babies.

Your Surrogate has carried your babies lovingly for 9 months. She has nurtured your children, fed them with her own body, and given up her time, freedom and health to make sure they grow into the wonderful babies that you now hold in your arms.

She is also emotionally invested in this journey, with you, to help you create your family. She longs to see your family complete, to see you hold your babies, and to hold the babies that she has helped to create.

Imagine making a special cake for someone. You lovingly mix it, put it into the oven, smell it as it is baking, hear the timer go off knowing it is ready, and remove it from the oven to cool. Now imagine that someone takes the cake away, you never see it again, you wonder, did it turn out OK? Will they like it? Will they enjoy it and appreciate all you did to bake it for them?

It is thousands of times worse when it is not a cake but a baby that the surrogate is never allowed to see again. Sometimes Intended Parents fear that letting the Surrogate hold the babies will cause her to bond with the baby and become attached to it. They worry that this would make it more difficult for them in turn to bond, but this is far from the reality. Your surrogate has already bonded with your children, in the 9 months she lovingly carried them for you. The Surrogate needs to hold your children following birth, to have closure on the long journey that you have undertaken together. She needs to hold your children, and then pass them to you, to see you hold them. She needs to see the final, wonderful completion of the journey you entered into together. Together, you have created and grown a life. This life would not be here without your surrogate, and to not allow her to share in the final joy of fruition is not only callous but also criminal.

Not allowing the Surrogate closure can also lead to costly emotional problems. Intended Parents are still obligated to pay for counseling after delivery, and in most cases, Surrogates who do not have the closure of saying goodbye to the children they grew typically need counseling. This can be a substantial expense on top of your new expenses for your children. It can also be argued that in not allowing your Surrogate closure that you are intentionally inflicting emotional distress on your Surrogate. She may have a legal case to pursue if you deprive her of that emotional closure out of fear or vindictiveness.

The simplest and also kindest route is to simply allow your surrogate time alone to say goodbye to the lives that she created for you. If you cannot find this compassion within yourself, to appreciate your Surrogate for the human being that she is, with emotions and feelings and love for your babies, then Simple Surrogacy is probably not the best agency for you, as we have seen the harm that can do and we want to protect our Clients and Surrogates and prevent it.

Crowdfunding for Surrogacy- A good idea?

Posted on: April 15th, 2015 by Simple Surrogacy No Comments

Crowfunding is popular lately, and it is now a trend in the increasingly expensive surrogacy and infertility world. Simple Surrogacy has a couple who is currently using crowdfunding to supplement the costs of their surrogacy process. We have seen many cases where parents turn to this process to supplement their savings for the journey. It’s a controversial process at best, as these individuals are appealing to strangers to help fund their dreams of creating a family. But at Simple Surrogacy we believe that everyone who wants a family deserves to have one, which is why we offer lower fees, financing options, and will support your fund raising efforts no matter what they might be.

 

http://www.sheknows.com/parenting/articles/1080744/does-crowdfunding-for-surrogacy-and-fertility-treatment-work

Bachelors turn to surrogates when biological clocks tick

Posted on: March 24th, 2015 by Simple Surrogacy No Comments

A new story on the Today show highlights a phenomenon that we’ve been aware of for a while now, that is single men turning to surrogacy when they are ready. Stephanie Scott, one of our founders, is mentioned in this story!

 

Dr. Conrad Cean was nearing 40 when he felt his biological clock ticking — with no special someone to help him start a family. So he did something that’s only recently become an option for single men: He turned to IVF and a surrogate halfway around the world to make a family of his own.

The 43-year-old pain specialist from New York City is now the proud, single father of 18-month-old twins, Konrad Fritz II and Kennedy-Josephine Marie. And he’s considering adding to his brood.

“I grew up in a very close family with two sisters, parents in Queens and cousins,” he told TODAY. “We’ve always been a tight family and I always wanted children.”

Cean’s surrogate family takes on special poignancy in the wake of the blowup between British singer Elton John and the fashion designers Dolce & Gabbana after the founders recently championed “traditional” families andcriticized fertility treatments in a magazine article.

Dr. Conrad Cean and his twins, Konrad Fritz II and Kennedy-Josephine

Courtesy of Dr. Conrad Cean/Alex Kaplan Photo
Dr. Conrad Cean and his twins, Konrad Fritz II and Kennedy-Josephine.

Although no one keeps track, plenty of bachelors are intentionally having babies, though perhaps not “in the millions,” said Dr. Philip Werthman, director of the Center for Male Reproductive Medicine and Vasectomy Reversal in Los Angeles, who helps men optimize their sperm for IVF.

“The desire to be a parent is similar, whether you are gay, straight, in a relationship or not,” he said. “For these men, they are getting older, they have the resources and the love to give and they want to go ahead. Technology gives them the ability to have children outside traditional means.”

Cean said he planned to marry by 33 or 34, but his busy schedule interfered with finding the right woman.

“I had just finished my fellowship and was trying to get the lay of the land in the business of medicine,” said Cean. “I thought I would meet the right person, but I didn’t want to force anything.”

After two failed embryo transplantations in India in 2012, Cean went to Panama where for about two-thirds the cost of surrogacy in the United States, his twins were born on Aug. 30, 2013.

“I was ecstatic,” said Cean, who used his own sperm and is biologically related to the twins. “It’s other worldly, worth a thousand bucks, a million bucks. It’s hard to put into words.”

Stephanie Scott, executive director of Simple Surrogacy in Dallas, says she sees men like Cean “all the time.”

The Cean twins.

Courtesy of Dr. Conrad Cean / Alex Kaplan Photo
The Cean twins.

“Some of them have been focused on their careers for so long, they never got married,” she told TODAY. “A lot are afraid they have missed their opportunity and don’t want to wait and hope they’ll find the right woman.”

In gestational surrogacy, a woman is implanted with an embryo through in vitro fertilization using a donor egg and sperm. The baby is not genetically related to the surrogate mother.

In the United States, a man could spend up to $150,000 for all the medical costs, including $10,000 for an egg donor and $25,000 for the surrogate mother.

Scott arranged for Peter Gordon, a 48-year-old middle school teacher from Brimmer and May in Massachusetts, to have his twins with the help of a surrogate. His twins, 3-year-olds Noah and Olivia, were born in St. Louis.

Peter Gordon with his twins Noah and Olivia

Courtesy of Peter Gordon
Peter Gordon with his twins Noah and Olivia

“It’s funny,” he told TODAY. “I always said when I was in my 20s I would find the woman of my dreams and be married. But in my 30s I was at a junior boarding school and didn’t pay much attention to relationships. All of a sudden, I was in my 40s.”

Gordon said he made a “pact” with himself. If he reached 44 and was not married, he would look into an “alternative way” to have a family. The summer he turned 44, a relationship dissolved and he began to look into surrogacy, a lengthy project that, in the end, cost him $90,000.

“I had to qualify for loans and lines of credit,” he said. “I vetted agencies. I was meeting surrogates and getting an egg donor. It was all a blur. … Still, I was determined.”

The surrogate he chose was 23 and single, but had a child. “She made a decision she wanted to help others,” he said.

Gordon was in the delivery room at the full-term birth. The twins had a baby nurse and now a nanny, and he makes sure there are plenty of female influences in their lives.

“Oh my gosh,” he said. “It was the most unbelievable dream come true. It’s one of the hardest things I have ever done, but a lot of it is instinct. … From the minute they were born, they were in my arms and have been there ever since.”

Gordon says he still dates, when he can, but caring for twins is “tiring.”

“I still think it will happen,” he said of finding a wife. “And it would be great to share this with someone. … But that void I used to feel when I worked at boarding schools is no longer there, because my life is filled with my kids.”

As for Cean, he said that he, too, would still be open to marriage.

“I am definitely still looking,” he said. “My two biggest things are finding someone genuine and sweet with a kooky sense of humor. Someone offbeat.”

But his weekend family life is also full and rewarding: a Saturday gymboree class, naps and bottles, an afternoon walk in the park or drive out to Queens to see his parents, sister and cousins.

“My family was skeptical at first — obviously they would be,” said Cean. “But I have absolutely have no regrets.

“Hey, gay guys do it all the time. I told myself I was the straight half of a gay couple.”

Former Glendora Agency Owner gets Jail Time

Posted on: February 26th, 2015 by Simple Surrogacy No Comments

I hate to say we’re happy to see someone be sentenced to jail time, but we can’t imagine a respected agency ever taking client funds. People who use surrogates and egg donors to create their families put thousands of their dollars on the line to be able to create their families, and it is always disheartening when someone decides to break that trust and steal from their clients. We are always happy when someone is punished for hurting Intended Parents and defrauding their customers. It is our hope that this punishment will prevent others from stealing from their vulnerable customers.

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.

As a result of the fraud scheme, more than 40 victims lost more than $270,000.

As a result of her pleading guilty to wire fraud, Layton faces a maximum statutory sentence of 20 years in federal prison.

Layton is scheduled to be sentenced by Judge Wu on May 28.

Thailand Bans Commercial Surrogacy

Posted on: February 24th, 2015 by Simple Surrogacy No Comments

Another country closed its doors to commercial surrogacy today after the scandal resulting from an Australian couple deserting their child. It is unfortunate that Intended Parents now have fewer choices on how to create their families, but it is also very good that people who sought to take advantage of poor Thai women to carry their babies can do so no longer.

 

Thailand bans commercial surrogacy

Parliament passes law banning fees and preventing foreign and same-sex couples from seeking surrogacy services

 

The case of Baby Gammy put foreign surrogacy arrangements in the spotlight in Australia.
 The case of Baby Gammy put overseas surrogacy arrangements in the spotlight in Australia. Photograph: Apichart Weerawong/AP

Australian Associated Press

 

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.

Through the support of charities and the public, Gammy and his surrogate mother and her family have a new home in Thailand’s Chonburi province and he is receiving the medical treatment he needs.

Pattaramon also applied for Australian citizenship for Gammy and it was granted last month.

Officials from Australia’s Department of Foreign Affairs (Dfat) said last year up to 150 Thai surrogate mothers carrying babies for Australian couples were expected to give birth by the end of 2015.

Dfat officials have negotiated with Thailand for a transition period to enable the children and their Australian parents to depart Thailand.

 

International Surrogacy is again a problem for Gay Couples

Posted on: February 20th, 2015 by Simple Surrogacy No Comments

As we have seen before, International surrogacy has huge risks, foremost is having the children be “stateless” after birth when they cannot be brought back to the Parent’s country or be issued passports by the delivering couple. Another unfortunate couple is now trapped in legal limbo in Mexico after the birth of their twins. They will likely spend what they had thought they had saved in Surrogacy fees abroad paying attorneys to try and fix their problems to bring their babies home. We strongly discourage International surrogacy for these reasons and wish the Parents luck in their struggle to get legal recognition for their babies.

Gay couple stuck in Mexican legal limbo after birth of surrogate twins

Luis Delgado and José Antonio Fernández are unable to secure passports for their children

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Luis Delgado y José Antonio Fernández.

Luis Delgado and José Antonio Fernández, a gay married couple from Spain, decided to have a child via a surrogate mother in Mexico. Their twins were born on January 6, but the four of them have found themselves unable to return together to their home country.

Due to a legal anomaly, they cannot secure passports for their children, given that the state of Tabasco, Mexico, where the surrogacy took place, recognizes surrogate births, while the Secretariat of Foreign Affairs (SRE) – the government department responsible for Mexican passport applications – does not.

The couple say they have heard “very positive words” from the Spanish authorities, but nothing more.

It is illegal for couples to have children via surrogates in Spain, but if the country where the surrogacy takes place officially confirms that the couple (whether they are homosexual or heterosexual) are the biological parents of the children in question, they can be registered in Spain and obtain Spanish passports. If not, the mother must appear on the paperwork. But Delgado and Fernández cannot produce an acceptable version of that certificate for the authorities.

The pair signed a surrogacy contract in Mexico last year, and when the babies were born they registered them in Tabasco with José Antonio as the father, and on another part of the form, Luis as the other parent. The part of the form where the mother should have appeared was left blank.

When they got to the SRE office in the Mexican capital, their problems began, and they were denied Mexican passports.

The agency they had hired for the process, Ayudando a Crear Familias (or, Helping to Create Families), helped them invalidate the original birth certificate, and they requested a new one in Mexico City, upon which they appeared as the two parents. On Monday, they traveled to the offices of the SRE in Cancun, accompanied by the Spanish consul in the city. “They told us that our case has been put on hold,” explains Luis.

The diplomats from Spain say Spanish passports can be issued if they include the name of the mother on the certificate. “But that is not going to happen,” says Luis. “We are the parents – we are not going to lie.”

Irish hopeful for Legal Changes

Posted on: February 18th, 2015 by Simple Surrogacy No Comments

The Irish Legislature indicated that they will be taking up the cause of Surrogayc to end the legal no-mans land that currently exists in ireland for babies forn of Surrogacy. We look eagerly on their new developments.

Surrogacy legislation to be discussed by Cabinet

Leo Varadkar proposal that one parent would share genes aims to end legal vacuum

Minister for Health Leo Varadkar: The surrogacy proposals are expected to include a provision that at least one of those involved has to be a genetic parent. Photograph: Alan Betson/The Irish TimesMinister for Health Leo Varadkar: The surrogacy proposals are expected to include a provision that at least one of those involved has to be a genetic parent. Photograph: Alan Betson/The Irish TimesThe State’s first set of proposed laws to deal with surrogacy are expected to be considered by Cabinet today.

At least one of those involved in a surrogacy arrangement would have to be a genetic parent under the proposals to be brought to Government by Minister for Health Leo Varadkar.

The proposals are designed to reform the law in accordance with recent Supreme Court decisions and will cover the transfer of parentage from a surrogate to an “intending” parent, according to sources.
This is one of the provisions in the draft heads of a Bill on Surrogacy, Assisted Human Reproduction and Associated Research drawn up by Mr Varadkar’s officials.

The proposed legislation, which would for the first time provide regulation in an ethically sensitive and rapidly changing area of medicine, is designed to bring to an end the existing legal vacuum.

The Bill, which Department of Health officials have been drafting over the past year, will set out proposals to regulate or limit practices in the areas of surrogacy, embryo donation, sperm and egg (gamete) donation as well as areas of associated research.

 

Children’s welfare

The legislation aims to safeguard the welfare, safety and best interests of children, bring certainty to the area for potential parents and provide guidance on what is permitted in terms of research. 

The programme for government contains a commitment to legislate to “clarify the law surrounding assisted human reproduction, including the law relating to parental relationships arising from assisted human reproduction”.

It was originally intended that surrogacy arrangements would be dealt with in the Child and Family Relationships Bill being developed by the Department of Justice. However, after the resignation of former minister for justice Alan Shatter, his successor Frances Fitzgeraldannounced the provisions on surrogacy would no longer be included in that Bill.