Posted on: April 8th, 2014 by Simple Surrogacy No Comments
Great news for potential parents and Surrogates in Louisiana, the Surrogacy bill has passed the House, which is the first step in making it into law. Next it will head to the Senate. The large margin in favor of the bill is encouraging that it will continue to pass the Senate and become law.
The bill: Rep. Joe Lopinto, R-Metairie, has sponsored the legislation which puts regulations in place for a couple and woman who enter into a surrogacy birth relationship. Surrogacy allows a couple to have a child that is biologically their own, but carried to term by a third party.
Currently, no one who sets up a contract governing a surrogacy in Louisiana can get it enforced in local courts. Lopinto’s bill would only allow surrogacy contracts between a married couple of opposite sexes and a woman between the age of 24 and 35 years old who has given birth previously. Other arrangements would be illegal.
The debate: Lopinto initially introduced a bill that was far more permissive of surrogacy arrangements, but he amended the legislation to reflect concerns of the conservative Christian community.
If enacted, the proposal would allow a fairly narrow range of surrogacy contracts to be legally enforced. It would also prohibit a couple from financially compensating a woman carrying their child outside of associated medical bills, unless she is unable to work because of the pregnancy.
Last year, the Louisiana Legislature overwhelmingly passed legislation to permit surrogacy contracts more broadly, but Gov. Bobby Jindal vetoed it after conservative Christians and the Catholic Church voiced their objections. Lopinto hopes his bill the governor will feel more comfortable signing his more restrictive legislation into law.
The Louisiana Conference of Catholic Bishops has continued to object to any legislation that permits surrogacy, including Lopinto’s currently bill. But the organization acknowledged that Lopinto’s current proposal is better than the one the legislator originally introduced.
The vote: The House of Representatives passed the bill 79-14.
Next step: Heads to the Senate.
Bottom line: Lopinto has crafted legislation that he hopes will assuage Jindal’s concerns about surrogacy and allow the proposal to bypass a veto.
Read more: A more detailed explanation of the ways in which Lopinto has altered his legislation can be found in this story about a House committee vote on the measure.
Posted on: April 3rd, 2014 by Simple Surrogacy No Comments
We are eagerly awaiting to find out if our neighbors to the east will be able to have similar legal protections for surrogacy that we enjoy in texas. I hope they will be able to create their families in Louisana very soon!
BATON ROUGE, La. — Louisiana lawmakers reached a compromise Tuesday with most Christian conservative groups over creating a regulatory framework for surrogacy births that the conservatives initially opposed.
That support could help sway Gov. Bobby Jindal, who vetoed a similar bill last year because of moral and ethical objections raised by social conservatives and religious leaders.
Louisiana law currently has few regulations governing surrogacy, the arrangement in which a woman carries and gives birth to a baby for another couple. It isn’t illegal in the state, but contracts between a couple and its surrogate aren’t enforceable in court. The woman who gives birth is presumed to be the child’s mother.
Rep. Joe Lopinto, R-Metairie, said he’s pushing the legislation to add restrictions to surrogacy births that are taking place without guidelines, to spell out who can be a surrogate and what the legal rights are for the parents, the surrogate and the child.
“I really cannot overstate the need for legal regulation here. The only statute that Louisiana has on surrogacy is 30 years old. It was drafted at a time when in-vitro fertilization, which is what gestational surrogacy relies on, was not even possible in the United States,” said LSU law professor Andrea Carroll.
The House Civil Law and Procedure committee advanced the proposal without objection Tuesday. It heads next to the full House for debate.
Leading social conservatives removed their objections after Lopinto agreed to eight pages of amendments.
The changes prohibit direct compensation for the surrogate and add more language spelling out that surrogacy would only be allowed for married couples consisting of a man and woman. The amendments also prohibit surrogacy contracts from requiring a surrogate to terminate a pregnancy because of a fetus’ possible disabilities, health conditions or gender.
Gene Mills, president of the conservative Louisiana Family Forum, described the reworked bill as supporting “altruistic surrogacy.” He said it bans “commercial surrogacy” that involves financial incentives for a woman to “rent her womb.”
“I remain resolved that commercial contracts for pregnancy and financial consideration are morally and ethically unacceptable, but these amendments repair that,” Mills said.
However, the Louisiana Conference of Catholic Bishops remains opposed to the measure, because the church opposes surrogacy and in-vitro fertilization as undermining the dignity of women, children and human reproduction and as causing the destruction of embryos.
Rob Tasman, associate director of the conference, commended Lopinto for his work to address moral concerns with the bill, but said the bishops can never support a bill that advocates surrogacy.
Lopinto and his wife used in-vitro fertilization to become parents. The bill’s co-sponsor, Sen. Gary Smith, D-Norco, has two children with his wife through surrogacy.
To be a surrogate, a woman would have to be at least 25 years old and no older than 35, have previously given birth, and undergo mental and physical evaluations. She would have to agree to relinquish all rights to the child she would be carrying for the married couple.
The surrogate wouldn’t be able to receive any compensation for carrying the child — except for medical expenses and mental health counseling services involving the pregnancy and birth, and travel costs, court costs and attorney fees related to the pregnancy.
Posted on: March 29th, 2014 by Simple Surrogacy No Comments
We are so happy that British Gay Couples can finally marry and in celebration of those who are able to join together legally, we’re offering a British Couples Discount for the next Month! If you are a British couple, gay or straight, interested in pursuing surrogacy in the United States, we’d love to have you as a client and we’re waiving our International fee ($2,000 value) just for you!
Just contact us in April and mention the discount mentioned on our blog to receive your fee reduction. We are so happy for each one of you lucky couples finally able to legally tie the knot, and we’d love to help you expand your family as well!
Gay couples say ‘I do’ in England and Wales
By Marie-Louise Gumuchian and Erin McLaughlin, CNN
updated 5:04 AM EDT, Sat March 29, 2014
Gay couples to marry in UK
STORY HIGHLIGHTS
NEW: Church of England indicates it will no longer campaign against the issue.
Historic law legalizing same-sex marriage comes into force in England and Wales
The legislation was approved in England and Wales last year, despite some opposition
Scotland gave green light to same-sex marriage last month
London (CNN) — Andrew Wale is a writer and actor. His partner, Neil Allard, is a guesthouse owner. Together, they helped make history.
After the clock struck midnight on Friday, the couple were among the first men marrying men and women marrying women in a range of ceremonies across England and Wales as a historic law legalizing same-sex marriage finally comes into force.
Wale and Allard have long known they wanted to commit officially and have waited five years for gay and lesbian couples to be able exchange vows legally in their home country.
That day has finally come.
“When we were born, it was illegal to be gay, let alone get married,” Wale, 49, said during last-minute preparations ahead of the wedding. “I didn’t think about the possibility for most of my life. It is only really recently that suddenly the option seemed to be on its way.”
Wearing velvet-collared three-piece suits with white flowers in their buttonholes, the smiling couple of seven years hugged and kissed after they became “husband and husband”.
The marriage law was the final victory in a long battle that has secured the same age of consent as heterosexuals and the right to adopt. England and Wales are among 15 countries as well as parts of the United States and Mexico that allow same-sex marriage. The Netherlands was the first in 2001, and last year Brazil, Uruguay, New Zealand and France also joined the list.
The opulent splendor of the Royal Pavilion in the English city of Brighton provided the backdrop to Wale’s and Allard’s marriage. Theirs was the first same-sex wedding in a city that celebrates gay pride every year and is proud of its history of inclusion.
As the winners of a competition by the local council to find the right couple for the historic occasion, they exchanged vows shortly after midnight beneath the nine lotus-shaped chandeliers hung from the gilded cockleshell domed ceiling of the music room, where King George IV’s guests were once entertained with Handel or Italian opera.
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Going through final details with the wedding’s organizers earlier this week, Wale and Allard said they were excited beyond measure.
Both had agreed civil partnership did not feel like full equality and decided to wait for marriage. But there was no sign that this would be possible until recently.
The same-sex marriage bill was published by Britain’s coalition government in January last year. In July, the legislation was approved to allow same-sex couples to officially marry in England and Wales.
Prime Minister David Cameron faced vocal opposition from some members of his Conservative Party. The Church of England also objected, and was given an exemption from conducting same-sex ceremonies.
But in a shift in tone ahead of the weddings, Archbishop of Canterbury Justin Welby, leader of the world’s 80 million Anglicans, signaled the Church of England would mount no more resistance to gay marriage among churchgoers as Parliament had spoken.
“I think the church has reacted by fully accepting that it’s the law, and should react on Saturday by continuing to demonstrate in word and action, the love of Christ for every human being,” he told the Guardian newspaper.
In an article on Pink News, an online magazine that focuses on the gay, lesbian, bisexual and transgendered community, Cameron said this weekend marked “an important moment for our country.”
“It says we are a country that will continue to honor its proud traditions of respect, tolerance and equal worth,” he wrote. “It also sends a powerful message to young people growing up who are uncertain about their sexuality. It clearly says ‘you are equal’ whether straight or gay.”
A rainbow flag flew above government offices in London in celebration.
Battles remain
Scotland, which will hold a referendum on independence from Britain in September, last month became the latest to give the green light to gay marriage. The fourth British link, Northern Ireland, has stated it does not intend to introduce same-sex marriage legislation.
Gay couples in Britain have spent years campaigning for gay rights. Civil partnerships were introduced in England and Wales in 2005, effectively giving gay couples the same legal rights as heterosexuals.
But campaigners insisted that only full equality would do. Unlike France, where legalizing same-sex marriage prompted fierce opposition from many social conservatives and the Catholic Church, there were no mass protests in Britain.
But for all the joy the weddings will bring, discrimination and bigotry remain issues in Britain.
In January, a local councilor was suspended from the anti-immigration UK Independence Party (UKIP) after blaming devastating floods on the legalization of gay marriage.
“We never really hold hands in the street, we’re quite careful about those kind of things — simply because it was always quite a dangerous thing to do. It’s still not entirely safe. Our friends were beaten up six months ago for holding hands in the street,” Wale said.
“Now I am feeling slightly more relaxed about that kind of thing. I feel I have rights to be affectionate with this person that I am going to marry — otherwise what does it represent?”
A recent Yougov poll in Britain showed that most people support the new change in law allowing same-sex couples to marry, but a third still think gay people are treated worse than straight people.
Making a statement
For Wale and Allard, the Royal Pavilion is where they met when they first started dating, so it was a fitting venue for the next step in their relationship.
They put much thought into personalizing the ceremony, which was attended by friends from as far away as New York, and there was a cellist and songs sung by friends.
The media also attended — as with many of the first other same-sex weddings on Saturday. The attention has been so huge that the local council has even received requests from ordinary Britons from across the country asking to attend Wale’s and Allard’s ceremony.
For the couple, exchanging vows is not just about making a statement to each other, but to the world.
“I think it’s important to make those kind of statements, be visible, be proud of who you are and what you are in a world which seems to be stepping backwards in lots of different places,” Wale said. “There are gay people struggling to be allowed to form relationships.”
Many couples getting married say they hope to send out messages of support to other gays facing discriminatory laws in their own countries. Last month, Ugandan President Yoweri Museveni signed into law a bill that toughens penalties against gay people and defines some homosexual acts as crimes punishable by life in prison. In Russia, a “propaganda” law bans even discussion of homosexuality anywhere that children might hear it.
“There are a lot of countries where it is illegal. We can show other countries that we are stepping forward,” Allard, 48, said, adding he felt lucky and privileged.
Instead of gifts, the couple asked their guests to make a donation to Stonewall — a charity that campaigns for equality and justice for lesbians, gay men and bisexuals.
“I want the wedding day to be a fully celebratory experience but at the same time, I don’t want to forget that it’s a relative freedom,” Wale said. “We haven’t reached the end of the line. There is still a long way to go.”
Posted on: March 25th, 2014 by Simple Surrogacy No Comments
Sadly, there are people in the world that prey on those with infertility problems. They promise to be their surrogates, offer them discounts, and then steal their money. yet another sad case has come to light in Pennsylvania where a woman posed as a surrogate to defraud an Intended Parent couple. It is very sad that people would do this. An Agency with an excellent reputation can help to avoid this kind of heartbreak and loss of money that will most likely never be gotten back. Simple Surrogacy thoroughly screens all Surrogate candidates, and can assure that your surrogate will be upstanding and eager to help you create a family for all the right reasons. be careful if you choose to undergo surrogacy without a trusted Agency partner, as you never know if the promises of someone on the other end of the computer are true.
Posted on: March 18th, 2014 by Simple Surrogacy No Comments
Everyone in the Surrogacy world, Simple Surrogacy in particular, was so excited to see Gay couples and singles about to be considered equal in the eye of the surrogacy laws in Israel. Now, it seems that the law is far from guaranteed, and has been quashed or at leasts postponed by Minister Ariel. We still hold out hope for the Gays and Singles in Israel that they might be considered equal and be able to undergo surrogacy without going overseas.
Gay TV Host Curses Minister Ariel for Appealing Surrogacy Law
“Uri Ariel, damn you,” says host Gal Uchovsky after Ariel quashes law allowing same-sex couples to undergo surrogacy in Israel.
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By Arutz Sheva North America
The homosexual community in Israel was outraged on Friday after discovering that Housing Minister Uri Ariel (Jewish Home) had appealed against a law that would allow same-sex couples to undergo the surrogacy process in Israel instead of having to do so abroad.
The bill, which was authored by Health Minister Yael German (Yesh Atid), narrowly passed the Ministerial Committee for Legislation with the approval of seven ministers from Yesh Atid, the Likud and Hatnua. Five ministers from the Jewish Home and Yisrael Beytenu voted against it.
The bill would have gone on to the Cabinet for approval, but is now likely to be quashed due to Ariel’s appeal.
In response to Ariel’s appeal, the homosexual community vented its frustration, but television host, writer and producer Gal Uchovsky took things a bit far.
“Uri Ariel, on behalf of me, my family and on behalf of all homosexuals in Israel: Damn you. May you go to hell and have trouble. I hope that no trace is left of you and your entire family. Curse you and your memory,” Uchovsky said, according to Channel 2 News.
Assi Azar, co-host of the Israeli version of the “Big Brother” reality program, sent a letter of protest to Jewish Home chairman Naftali Bennett.
“Mr. Ariel’s ugly act deeply hurt people, whose only desire is to establish a home in Israel, have children, raise a family…all I have left to say to you and to your friends in the party today is shame on you!” wrote Azar.
“You had a golden opportunity to be a true leader, to change, but you chose to be a coward and sent Ariel to pull a dirty trick,” he added.
Minister German, who initiated the law, said earlier Friday that she had felt as though “a knife was stuck in my back and heart when I heard about the appeal filed by Uri Ariel.”
German emphasized that before submitting the law to committee, she sat long hours with members of the Jewish Home party, “to locate the painful issues for them, to smooth over, to remove and add. It was clear they would vote against it, but it was also obvious after the adjustments we made that no appeal would be submitted.”
The issue of gay marriages and rights has been a point of contention between Jewish Home and Yesh Atid, two parties which disagree on a host of issues but which formed a pact after last year’s election to join the coalition together.
Jewish Home, as well as Likud Beytenu, drew criticism for failing to vote against the bill, which passed; Bennett voted for the bill while the rest of Jewish Home abstained.
(Arutz Sheva’s North American Desk is keeping you updated until the start of Shabbat in New York. The time posted automatically on all Arutz Sheva articles, however, is Israeli time.)
Posted on: March 12th, 2014 by Simple Surrogacy No Comments
The Amendment in Israel that had proposed letting same-sex couples participate under Israel’s surrogacy law has passed. To Same-Sex couples, the law now applies just as it previously did to married couples. Singles are now also included under the new law. Though this will likely mean fewer Israeli couples traveling overseas for their surrogacy journey, we are pleased that they will now be treated as equals in their own country.
A welcome initiative by Minister of Health Yael German has led to the approval of the Amendment to the Law for the Agreement to Carry Embryos, known as the “Surrogacy Law”.
According to the Amendment proposed by the Bill, undergoing the surrogacy process will now also be allowed in Israel for same-sex couples, couples that are not married, and individuals and not just married heterosexual couples. Until now, many people were compelled to undergo the surrogacy process overseas, and were confronted by many obstacles in doing so.
Alongside those who support the Amendment to the Surrogacy Law, there were also those who opposed it in the Knesset’s Ministerial Committee for Legislative Affairs. In their opinion, “Not everybody is the same. Not everybody is a family and not everybody is equal.” The Amendment’s supporters thought otherwise and felt certain that expanding the possibility of undergoing surrogacy in Israel for same-sex couples and individuals is the right thing.
This is only the start of the way forward but we are talking about a significant milestone. In the next stage, the Bill to amend the Law must pass the second and third readings in the Knesset plenum. But it can certainly be said that the way has been paved towards equal rights for same-sex couples, couples that are not married, and individuals in Israel who want to set up a family that is sometimes different from the traditional family. For the first time in Israel, there is equality in bringing children into the world and the ability to set up a family, between heterosexual couples and other couples and individuals.
The Amendment to the Surrogacy Law was preceded by the work of the professional committee headed by Prof. Mor Yosef, which submitted recommendations back in 2012. The Amendment to the Surrogacy Law is based on the principles raised by the committee’s recommendations.
The Bill to amend the Law stipulates that the surrogate mother can undergo three procedures of returning fertilized eggs or two births that are successfully completed. The age of the prospective parents is restricted to 54 for at least one of them (on the date that the surrogacy agreement is signed) and at the start of the procedure they can already have just one child. Individuals that request to undergo the surrogacy process by law can only begin the process if they have no biological children at all. The surrogate mother must undergo medical and psychological tests and receive the required approvals to commence the procedure.
The Amendment to the Law proposes increasing the maximum age for surrogate mothers from 36 to 38 and providing married women with the option of being surrogates on condition that they have already undergone pregnancy and childbirth. The minimum age for surrogacy has not been lowered from 22.
Another change in the Bill for the Amendment is that the surrogate mother can be a family member such as a sister or cousin, but not a mother or grandmother to one of the prospective parents. The aforementioned changes expand the possibilities and will increase the chances of bringing children into the world through the surrogacy process.
For the first time, the payment to a surrogate mother in Israel has been limited to NIS 160,000 for the entire process. This amount does not of course include the cost of tests. With this the total costs of the surrogacy process can amount to more than NIS 200,000.
With this, we are moving towards a situation of genuine equality in all matters regarding bringing children into the world and building a family that is not the typical family.
Same-sex couples, couples that are not married, and individuals will not have to travel overseas in order to realize their natural rights to parenthood and to set up a family. In the event that the amendment to the Surrogacy Law passes its second and third readings in the Knesset plenum, it will be a most significant step in our development towards creating real equality in all matters relating to bringing children into the world. We are talking about a welcome initiative and we must not accept the voices of those objecting, and who think that “not everyone is equal.”
Posted on: March 2nd, 2014 by Simple Surrogacy No Comments
Governor Bobby Jindal has not decided what to do yet about the surrogacy bill that was Introduced into the Legislature yet again. Louisiana lags behind its neighboring states where Surrogacy laws are concerned, as both Texas and Florida and other neighboring states have laws that more thoroughly protect the parties in a surrogacy contract. We have clients from Louisiana who seek surrogacy in Texas because the laws here are established and protect all parties in surrogacy. Louisiana is far behind and a law on surrogacy and guidelines there would establish them among the more progressive and educated states where surrogacy is concerned.
“We are in the process of reviewing the bill and will monitor it through the legislative process,” said Mike Reed, press secretary for Jindal.
Surrogacy allows a couple to have a child that is biologically their own, but carried to term by a third party. Other states have regulations in place that outline procedures and protections for the parents and the woman who is carrying the pregnancy. But in Louisiana, a contract governing a surrogacy cannot be enforced.
Rep. Joe Lopinto, R-Metairie, wants to set up a legal system and regulations that would allow couples to have a legally binding contract with the woman carrying their child. Lopinto said many Louisiana couples are have to pursue surrogacy partners outside of the state, where they have more legal protections.
At least one powerful Christian group that opposed the legislation and pushed for the Governor’s veto last year said they aren’t happy with the current surrogacy bill.
“We remain concerned about any bill that commercializes reproduction,” said Gene Mills, president of the Louisiana Family Forum, a conservative Christian advocacy group, about the legislation.
Mills commended Lopinto for making one significant adjustment from the bill as it was introduced last year. Lopinto’s legislation requires that a medical professional verify the couple can’t conceive through traditional methods before signing off on a surrogacy contract.
Still, Mills said the legislation doesn’t offer enough protections for the person who will be carrying the child. Women’s groups also raised concerns about the potential for exploitation of women involved in surrogacy last year.
“There are disproportionate protections for the parents and not for the woman in this bill,” Mills said.
Posted on: February 25th, 2014 by Simple Surrogacy No Comments
Very Exciting news that a bill is being introduced to allow surrogacy to be legal in New York State. What a wonderful circumstance that would be for all of the many Gay men and other families seeking to create a family through surrogacy. Simple Surrogacy has helped to create many families on behalf of New York Parents, most of whom choose to match under the excellent laws already in place in Texas, California or other Surrogacy friendly states. We would look forward to be able to match those families in their own back yards of New York City and in greater New York. We are in complete agreement with the article’s statement that Surrogacy is a long way from the Baby “M” case in the 80’s. Gestational Carriers are wonderful, generous women and each one is truly a gift to the family that they help to create. We would welcome the ability to invite surrogates in New York into our happy Surrogacy family!
David Sigal, left, a filmmaker, and Brad Hoylman, a New York State senator, with their daughter, Silvia Hoylman-Sigal, now 3. Credit Nicole Bengiveno/The New York Times
A month before their baby’s due date, Brad Hoylman and David Sigal got a call from the woman they had hired to have their child.
She was having contractions; come right away.
Mr. Sigal, a filmmaker, had the more flexible schedule. So after a sleepless night, he hopped on a plane to San Diego while Mr. Hoylman stayed in New York and frantically oversaw the dusty conversion of their TV room into a nursery.
The contractions turned out to be a false alarm, but Mr. Sigal stayed. And stayed, touching up his documentary in his hotel room, going to family outings — a picnic, a cheerleading event — with the surrogate and her daughters, and calling Mr. Hoylman “every 10 minutes” with updates.
Four weeks later, the baby was induced, and Mr. Hoylman flew in for the birth.
‘The timing was perfect,” Mr. Hoylman said. “I cut the cord and David —”
“Held her,” Mr. Sigal finished the sentence.
Such is the world of gestational surrogacy, in which a woman is paid to go through the pregnancy and birth of a child who is not genetically related to her and then promises to give that child away. To anyone who has had a baby, or known someone who has, the couple’s tireless zest for reciting their daughter’s birth story will bring a knowing smile, maybe a jaded shrug. But for Mr. Sigal and Mr. Hoylman, two gay men, the birth narrative carries with it an extra frisson of the illicit that seems to them more than a little archaic and unfair in the post-marriage-equality world.
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Silvia was conceived via a gestational surrogate in San Diego, with both men contributing sperm. Compensated surrogacy is prohibited in New York, but Mr. Hoylman is trying to change that with a new bill. Credit Nicole Bengiveno/The New York Times
They had their baby in California because if they had had her in New York, they would have been breaking a 1992 New York law that bars commercial surrogacy contracts and equates them with baby-selling — a legacy of the notorious Baby M case of the 1980s.
Now Mr. Hoylman, as a novice state senator, is in a position to do something about it. He is the co-sponsor of a proposed law that would overturn the current law and make compensated surrogacy legal in New York State.
Surrogate baby-making has long been a path taken by the affluent and celebrities, partly because it takes good legal advice and money to accomplish. But in recent years, it has been growing among gay men, who in a fundamentally conservative embrace of family values, see having children and building a family as the logical next step after getting married.
“Not to be cliché, but you know how the phrase goes — first comes love, then comes marriage, then comes the baby and the baby carriage,” said Allison Steinberg, a spokeswoman for the Empire State Pride Agenda, which has endorsed the bill.
The bill’s supporters argue that it makes no sense for New York, which has a large number of fertility clinics, not to mention a flourishing gay community, not to be able to offer commercial surrogacy to those who want it. And they say that making surrogacy more widely available could reduce the exorbitant costs, easily as much as $100,000 per baby.
In Mr. Hoylman and Mr. Sigal’s case, neither of their parents expected them to have children. “Now they think he’s a family man,” Mr. Sigal said, grinning at his husband.
“It’s a funny phrase,” Mr. Hoylman said. “This is what it takes for people to relate to you.”
Mr. Hoylman says views on his Facebook page spike when he puts up pictures of their daughter, Silvia, now 3, but not when he puts up photographs of him and his husband without her.
The bill’s co-sponsors could hardly offer a more perfect vision of the surrogacy constituency. Mr. Hoylman, who took his Senate office last year, represents the heart of gay New York, in the Village, Chelsea and Hell’s Kitchen. The Assembly sponsor, Amy Paulin, who actually originated the bill, is from wealthy Scarsdale.
When a constituent approached her on the issue, Ms. Paulin said, she was intrigued because she had had her own fertility issues and was able to conceive her second child only after three years of arduous fertility treatments.
Ms. Paulin still cringes when remembering that people tried to console her by saying, “Well, you already have one,” which did not help. “All those remarks, they’re ingrained in you,” she said. “Any opportunity I would have in my position to help couples have a family would be something I could give back.”
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The Baby M case, in which Mary Beth Whitehead, left with her husband, Richard, refused to give up custody of a baby girl she agreed to bear for a New Jersey couple, led to a New York law prohibiting paid surrogacy. Credit Mike Derer/Associated Press
Mr. Hoylman asked to be the Senate sponsor, and when she learned he had a daughter, “obviously he was the natural choice,” she said. “We’re a very strong team.”
Surrogate births are a small but growing part of the in vitro fertilization industry. Conservatively, about 1,600 babies a year in the United States are born through gestational surrogacy (which now accounts for almost all surrogacies), more than double the number in 2004, according to the American Society for Reproductive Medicine.
Celebrities who have used surrogates have gone a long way toward normalizing the process. The list is long, including Angela Bassett and Courtney B. Vance, Sarah Jessica Parker and Matthew Broderick, Neil Patrick Harris and David Burtka, Elton John and David Furnish, Nicole Kidman and Keith Urban, and Ricky Martin as a gay single father.
But driven by the law of supply and demand, a first-time egg donor could be paid $8,000 to $10,000, and a first-time surrogate $30,000 and up, bringing the cost of a no-frills contract to $75,000 to $120,000 with medical, legal and agency fees.
“You basically have to take out a loan to have a child,” Mr. Hoylman said.
Agencies prefer to contract with surrogates who are married with children, because they have a proven ability to have a healthy baby and are less likely to have second thoughts about giving up the child.
Conversely, gay couples are popular among surrogates. “Most of my surrogates want same-sex couples,” said Darlene Pinkerton, the owner of A Perfect Match, the agency in San Diego that Mr. Hoylman used. Women unable to become pregnant often go through feelings of jealousy and loss, she said. But with gay men, that is not part of the dynamic, so “the experience is really positive for the surrogate.”
Or as her husband, Tom, a third-party reproductive lawyer, put it, “Imagine instead of just having one husband doting on you, you have three guys now sending you flowers.”
New York has one of the harshest surrogacy laws in the country, along with Arizona, Indiana, Michigan, Nebraska and the District of Columbia.
“The only thing you can use the contract for is to wallpaper your powder room,” said Diane Hinson, a reproductive lawyer and owner of Creative Family Connections, a surrogacy company in Chevy Chase, Md.
It is legal in New York for a volunteer to carry a baby without pay, known as altruistic or compassionate surrogacy. And New Yorkers find ways around the law by shipping frozen embryos to clinics in nearby surrogacy-friendly states — Connecticut, Maryland, Pennsylvania, Massachusetts — for implantation. In New Jersey, paid surrogacy is still considered risky because of case law going back to Baby M. In 2012, Gov. Chris Christie vetoed a law that would have permitted some types of payment, saying he wanted more discussion of such “profound change in the traditional beginnings of a family.”
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Baby M with her father, William Stern. Credit Associated Press
Historically, the legal aversion to surrogacy stems from a sort of Margaret Atwood, “Handmaid’s Tale” fear that it lends itself to unnatural social engineering and the subjugation of women. This led to an unusual alliance of feminists, civil libertarians and the Catholic church in the early 1990s, when the New York Catholic Conference joined with the New York Civil Liberties Union and the National Organization for Women to oppose surrogacy.
The Baby M case led to a pioneering court ruling on the validity of a surrogate-mother contract, and its outcome had a strong impact on New York because it played out across the river in New Jersey. Mary Beth Whitehead was a young homemaker with two children, in a rocky marriage to a sanitation worker, when she agreed in 1985 to have another man’s baby for $10,000.
Soon after giving birth, she took the baby to Florida and renounced her fee, saying she wanted to keep the child.
On appeal, the New Jersey Supreme Court restored her parental rights while leaving custody of Baby M with her biological father and his wife. “This is the sale of a child, or at the very least, the sale of a mother’s right to her child, the only mitigating factor being that one of the purchasers is the father,” the high court said.
Helene Weinstein, the Brooklyn Democratic assemblywoman who sponsored the resulting 1992 New York law, said it sent a message that children should not be “treated as commodities to be bought and sold.”
Now Ms. Weinstein is the chairwoman of the assembly judiciary committee, which Ms. Paulin’s bill must pass through; she says she is willing to at least reconsider the law.
“So much has changed since Baby M,” said Sonia Ossorio, president of the New York City chapter of the National Organization for Women.
For one thing, Ms. Whitehead was artificially inseminated using her own egg and the prospective father’s sperm, a process now disdained as “traditional” surrogacy. Today, the pregnancy would involve a third-party egg, so the surrogate would not be genetically related to the baby.
The new technology has given rise to a whole new language — gestational carrier, instead of surrogate mother, “intended parents,” “collaborative reproduction.”
Instead of bonding with the baby, “the gestational carrier bonds to the parents, and that’s what we want to have happen,” Ms. Hinson said. “That’s the key — that it’s somebody else’s child. These women, they just renew your faith in womankind.”
In a nod to the baby-selling concerns of the Baby M case, Mr. Hoylman and Ms. Paulin’s proposed law says that the gestational carrier would be paid for her services, not for giving up parental rights to a baby.
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Surrogacy has been popular with celebrities like Sarah Jessica Parker and Matthew Broderick. The couple with their twin girls, Marion Loretta Elwell Broderick, left, and Tabitha Hodge Broderick, born by surrogate, and their son, James Wilkie Broderick. Credit Robin Layton/Associated Press
It also addresses potential concerns about social engineering, forbidding contracts to tie payment to the characteristics of the donor or the child.
Mr. Hoylman, now 48, and Mr. Sigal, 47, had not planned to have children. “But there comes a point when we were in our early 40s: well, what else is there?” Mr. Sigal said. “We were shocked that you couldn’t do surrogacy in New York.”
“It was also surprising that it was so readily available in California,” Mr. Hoylman said, in the singsong back and forth of their conversations.
They toyed with the idea of finding a female friend to have their baby, but most of them were past prime childbearing age, they said, and anyway, it seemed emotionally fraught.
They settled the quandary of who should be the biological father by each contributing sperm and choosing not to know whose DNA prevailed.
“The amazing thing about the California law is that both my husband and I are on the birth certificate as the parents,” Mr. Hoylman said, which would also happen in New York under the proposed law.
Sitting in their apartment near Washington Square, with Silvia bouncing around in a tutu, they joked about the hazards of being the child of two gay men. “She’s going to hear a lot of musicals in her life,” Mr. Hoylman said. They have compiled a baby book filled with photographs — her first subway ride; Silvia wearing an austere brown outfit that Mr. Hoylman thinks makes her look like a Holbein painting.
“Who’s that?” Mr. Hoylman asks, pointing to a picture of a cheerful-looking blonde. “Mari!” Silvia replies, naming her gestational carrier.
Their life is a series of sleepovers, dress-up games and grilled cheese sandwiches. They have attended playgroups run by the Lesbian, Gay, Bisexual & Transgender Community Center, which also runs a monthly group called “Planning Biological Parenthood for Men.”
“Once we had entered this world, we realized that we were on the cusp of a generation that is embracing parenthood,” Mr. Hoylman said.
Mr. Sigal added, “I think in the next generation of kids now in their 20s and 30s, this will be really, really common.”
Posted on: February 18th, 2014 by Simple Surrogacy No Comments
Yet another heartwarming piece on the blessings of surrogacy and how we are all working as a village to bring these precious, cherished new lives into the world. My favorite line in this piece is how her surrogate is “now part of the family.”
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Melissa Harris-Perry revealed in an essay on Tuesday the story of how her newborn daughter came into the world, opening up about her struggles to conceive and about her decision to use a surrogate.
Harris-Perry’s baby girl was born on Friday. “Many people in our lives knew that we were expecting but most viewers of MHP Show were not aware of the impending arrival because I was not visibly pregnant,” the MSNBC host wrote.
Harris-Perry explained that, after her first pregnancy with her daughter Parker, she “spent years suffering from the agony of uterine fibroids,” and ultimately decided to have a hysterectomy. She said that after marrying her husband James in 2010, she “struggled with accepting that we would never have our own children,” and turned to IVF and surrogacy.
“My pregnancy with my first daughter was blessedly uneventful; this one, however, was indeed an event. It took two families, three states, four doctors, and five attorneys to get this little girl here. And while our gestational carrier has no genetic tie to our little one, she is now our family,” Harris-Perry wrote. She added that she and her family would “strive to be worthy of the miracle we have received.”
Posted on: February 13th, 2014 by Simple Surrogacy No Comments
What an amazing miracle, and a gift of true love. This is a very sad but also very loving story, a woman’s best friend carried her baby due to her having cancer, and that baby was born 4 months after her mother died. Another example of the selfless, amazing gift that surrogacy is to a family.
DES MOINES, IA (KCCI/CNN) – Nate and Laura Yoho looked like a model couple – in more ways than one. But looks can be deceiving.
“I found out I had a brain tumor, so it’s very, very bad, very serious, I guess you could say,” said Laura Yoho, 30, in an interview a year and a half ago. “There’s only about 2 to 5 percent that you’re going to be OK.”
One year into a marriage, that was heavy, even for weightlifters.
“You’re in uncharted territory. You don’t know how to feel,” Nate Yoho said.
Even her friends since elementary couldn’t believe this was happening. How could it to the girl who preached healthy living through college?
“She would get up and make breakfast while I was still in bed,” Kara Stetson, Laura’s best friend, said.
Laura Yoho kept fighting, while Nate Yoho kept hoping.
“I don’t think I’ve been more nervous for anything in my life,” Nate Yoho said.
But within nine months, Laura Yoho’s fight was over.
“All of her family, everyone that loved her was there,” Nate Yoho said.
“I told everyone she was my soulmate,” Stetson said. “Best friend doesn’t begin to describe what we were.”
Even the best obituaries struggle to summarize a life. But Laura’s also contained a surprise. She is survived, it read, by her husband Nate and her daughter Caralyn, due to be born through surrogacy.
“She was such an amazing person. I think a piece of her deserves to live on,” Nate Yoho said.
It was a plan they’d shared with only their closest friends.
“I told her if you ever have trouble carrying a child, I’ve done it twice,” Stetson said. “I know I can do it again, and I’d be willing to do it for you.”
The young couple had no idea that during Laura’s last year, her best friend had already been setting the stage.
“She said, ‘I’ve been going to the doctor and preparing myself for the past year knowing that I was going to carry this baby,'” Nate Yoho said.
“I really meant that and we … decided right then that we were going to do it,” Stetson said.
Laura lived to see her baby’s first black and white ultrasound and found out she was a girl. She knew, if the baby shower days before her death was any indication, her weightlifter was going to have plenty of spotters on this one.
Baby Caralyn was born four months and two days after her mother died.
Since baby Caralyn’s been home from the hospital, her dad’s been getting a lot of help from her grandparents and from Laura’s friends, including some who’ve even supplied her with many months worth of breast milk.
Both Caralyn and her surrogate mom are doing great.