New York State Legalizes Gestational Surrogacy

legal surrogacy in New York

 

New York State Legalizes Gestational Surrogacy

A protracted battle over the future of compensated gestational surrogacy in New York was resolved on April 2 when state lawmakers approved a budget that included legislation proposed by out gay Manhattan State Senator Brad Hoylman and Westchester Assemblymember Amy Paulin that legalizes gestational surrogacy once and for all.legal surrogacy in New York

Although New York was one of just a small handful of states that had yet to legalize the practice, which entails a surrogate carrying a baby who has no biological relation to her, the campaign to pass such legislation in the state was stymied last year by concerns that the surrogates who carry babies — as well as those women donating eggs — were not afforded sufficient protection and rights. The bill put forth by Paulin and Hoylman, who had his two daughters via surrogacy, cleared the upper chamber last year but never reached the Assembly floor following resistance from some women in the lower chamber, including out lesbian Assemblymember Deborah Glick, who told The New York Times that gestational surrogacy was “pregnancy for a fee, and I find that commodification of women troubling.”

Among other issues with last year’s bill, Glick and others expressed uneasinessabout the reality that most working people could not afford to spend tens of thousands of dollars to have children through gestational surrogacy. The bill primarily benefits wealthier individuals in addition to those who are looking for financial compensation by donating eggs or carrying babies.

Hoylman, however, told Gay City News in February that he hopes the push towards universal healthcare means that such reforms could eventually alleviate some of the healthcare costs of surrogacy.

The dispute over the future of surrogacy in the state continued into this year when Manhattan State Senator Liz Krueger and Assemblymember Didi Barrett of Dutchess and Columbia Counties introduced a separate surrogacy bill that would have included, among other provisions, a controversial eight-day window during which the surrogate and intended parents would share legal responsibility for the child — raising questions about whether the surrogate might refuse to turn the child over or seek some ongoing legal relationship with them — something Hoylman described in a February interview with Gay City News as a “non-starter.”

The eight-day window was not included in the final version of Hoylman and Paulin’s bill, but some elements of Krueger’s legislation appear to have been incorporated, such as additional protections for the surrogate and the egg donor. Hoylman and Paulin had long defended their own bill as boasting the “strongest protections in the nation for surrogates” by placing significant responsibility on the intended parents to pay for her healthcare, legal representation, and other costs tied to the pregnancy. Additional protections for egg donors were also included in this year’s bill.

By Matt Tracy, Gay City News, April 2, 2020

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Legal Surrogacy in New York – Albany lawmakers pass landmark legislation

legal surrogacy in New York

Legal Surrogacy in New York – Albany lawmakers pass landmark legislation

Legal Surrogacy in New York – Albany lawmakers pass landmark legislation, The Child Parent Security Act.  In a marathon budget session, New York lawmakers passed The Child Parent Security Act, the most protective and forward-thinking surrogacy legislation in the country.  Only Michigan and Louisiana continue to ban gestational surrogacy for LGBT individuals and couples, Michigan banning gestational surrogacy for all Michiganders.legal surrogacy in New York

While legal surrogacy in New York seemed doomed after it failed to be brought to the floor for a vote last year in the Assembly after passage in the Senate and vocal support of the Governor, this year the Child Parent Security Act was tied to the budget.  This move forced lawmakers to affirmatively support or oppose the Bill, something that they had been reticent to do in June of 2019.  The bill becomes the law of New York on February 15, 2021.

The reality of legal surrogacy in New York is the product of a massive effort on the part of many organizations and individuals.  From Men Having Babies to The Women’s Bar of New York, several organizations have stepped up to the plate to make legal surrogacy in New York a reality.  Ron Poole-Dayan, Executive Director of Men Having Babies, the non-profit organization that has spearheaded educational and ethical surrogacy initiatives around the world, said, “The CPSA is the most comprehensive, thoughtful and ethical surrogacy legislation ever drafted. It is particularly important now in the midst of a health crisis, to pass this legislation that provides New Yorkers an ethical and affordable path to the realizing their parenthood dreams.  This is landmark legislation and we are proud of our lawmakers for taking this important step to help LGBT families prosper.”  “It’s an amazing day and it’s nice to be able to celebrate in these dark times.  The bill only passed when the issue grew into a moment and everyone played an important role,” stated Denise Seidleman, the New York attorney who was instrumental in drafting the legislation.

“We are overjoyed for New York families, as they finally are able to access gestational surrogacy if they need it to build their family.  This has been a marathon, with many teammates along the way.  This kind of win takes people raising their voice and advocating – we thank everyone who did just that.  A huge thanks to RESOLVE advocate Risa Levine, and the Protecting Modern Families Coalition that got this over the finish line. We are honored to work alongside an incredible coalition,” said Barb Collura, CEO and President of RESOLVE, The National Fertility Association.

“This is a game changer!  It will bring so much opportunity for our local IP’s, as well as our local clinics and potential surrogates.  Being an east coast based agency, Circle has a lot of intended parents who live in NY and the entire tri-state area,” said Jen Rachman, the New York Representative for Circle Surrogacy, a Boston based surrogacy agency.

How This Law is Unique

legal surrogacy in New YorkThis legislation is unique in several ways.  First, it contains a Surrogates Bill of Rights, which is the first of its kind in the country.  It provides specifically for independent counsel, health and welfare decision making authority during the pregnancy and full medical and legal informed consent of all New York women acting as surrogate mothers for intended parents.  It also provides for psychological counseling, life insurance and the ability of the surrogate to terminate the agreement prior to embryo transfer. 

The Child Parent Security Act also creates two formal, but voluntary, registries, one for egg donors and the other for surrogate mothers, which tracks information on the number of times someone has served as a donor or surrogate, their health information and any other information that the Health Commissioner deems appropriate.  The legislation also allows for consultation with The American Society of Reproductive Medicine (ASRM) to develop the best medical screening guidelines for potential surrogates.

Establishment of Parentage

The Child Parent Security Act, while creating legal surrogacy in New York, also provides for the establishment of parentage for intended parents of surrogacy, as well as lesbian couples who use a known sperm donor to assist them in having their families.  The process is known as a Pre-Birth Order and allows a court to issue a court order which terminates the rights of the surrogate and her spouse, or the known sperm donor, and affirms the legal parentage of the intended parents in a fully recognized court order which goes into effect at the moment of birth of the child.  The law also officially recognizes parentage orders from other states, ensuring that NY parents who have previously had children with surrogates in other states and obtained birth orders in those states to establish parentage, can rest assured that the other state’s order will be recognized by statute in New York.

Before this law’s passage, intended parents who resided in New York had few options to establish parentage.  Second or step parent adoption, a time consuming and somewhat invasive process, was the only way of establishing parental rights in New York.

The Ethics of The Child Parent Security Act

Regulation is the key to achieving ethical surrogacy. The Child Parent Security Act provides for more than just baseline protections and suggested protocols for an ethical journey.  The Surrogates Bill of Rights is a huge step toward ensuring that the process is balanced and that the woman acting as a surrogate mother has agency and support throughout the process.  The law also provides for the security of parentage, which assures that all parties are working toward a single goal of creating a family for the intended parent or parents. 

New York Adapts to Modern Family Creation

New York, in the midst of a global pandemic, and under the powerful and consistent guidance of Governor Andrew Cuomo, has brought its family law into the 21st century.  Many, myself included, could not comprehend how such a progressive and diverse state could lag so far behind the rest of the country in its recognition and support of assisted reproduction.  I was fortunate to sit on the Governor’s commission for the passage of The Child Parent Security Act and am a constituent of Assemblyperson Deborah Glick, who had opposed the legislation until last June.  To her credit, she met with me to discuss the legislation and I was able to correspond with her staff about surrogacy on several occasions. 

The passage of this legislation was truly a collaborative effort and the hard work of every person who worked on the coalition to pass the Child Parent Security act deserves credit for making legal surrogacy in New York a reality.  Whether a cancer survivor, an infertile couple or an LGBT New Yorker, this law now allows for the option of remaining in New York to create a family.  Finally, I want to thank Governor Cuomo for having the confidence in this law’s wisdom to add it to the budget bill.  This strategy was instrumental in its passing and the Governor deserves a great deal of credit and gratitude.  Legal surrogacy in New York!  I have waited to celebrate this moment for years!

April 2, 2020 by Anthony M. Brown, Esq.

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How Coronavirus Is Affecting Surrogacy, Foster Care and Adoption

How Coronavirus Is Affecting Surrogacy

How Coronavirus Is Affecting Surrogacy – The pandemic is not just impacting parents and pregnant people — all prospective parents are facing new challenges.

How Coronavirus Is Affecting Surrogacy – Covid-19, the disease caused by the novel coronavirus, has upended life for those who are or hope to become pregnant in the United States. Fertility doctors have indefinitely postponed all advanced fertility treatments, and some major hospitals in hard-hit areas are trying to ban partners and doulas from delivery rooms.

But the pandemic is affecting expectant parents forming families through surrogacy, foster care and adoption as well.

Global travel restrictions have left surrogacy agencies in the United States scrambling for exemptions for their international clients — particularly for those whose surrogates are scheduled to give birth in the next month or two.How Coronavirus Is Affecting Surrogacy

Circle Surrogacy, an agency based in Boston, has 15 international clients with due dates before May 1. “We’ve had our legal team prepare letters for each of these families, which has gotten many of them into the country despite travel bans,” said Sam Hyde, the agency’s president. Still, he said, his foreign clients were at the mercy of individual immigration officials. “Some have been sympathetic to the plight of our clients, others have not — it’s really been a case-by-case basis.”

 

Some intended parents, as clients of surrogacy agencies are known, who are currently struggling to gain entry into the United States are hoping to do so after completing a 14-day quarantine in a country with less severe travel restrictions.

Last week, for instance, Johnny and Patty — a Chinese couple working with a surrogate living in South Carolina — traveled from Shanghai to Phnom Penh, Cambodia, to begin two weeks in isolation at a local hotel. The couple, who work for an international company and use these westernized names, asked that their last name be withheld since surrogacy is still relatively uncommon in China. They hope to complete their quarantine in time to witness the birth of their daughter, who is due in mid-April, and claim guardianship over her.

But with travel restrictions tightening seemingly daily, they worry their effort may still be in vain. “First we bought plane tickets to travel through Thailand, but now travel is restricted there,” Johnny said in an interview from their hotel on the second day of his quarantine. “Then we tried Dubai, but that is now also restricted.” Traveling via Cambodia, he said, was the couple’s “last hope” to reach the United States in time for their daughter’s birth.

Though they would be disappointed to miss the delivery, the couple said they were even more concerned, in that scenario, about the baby’s well-being in the ensuing days before they are allowed to travel. “Who will take care of our baby if we can’t arrive before she’s born?” Patty said.

Will Halm, a managing partner at International Reproductive Law Group, said surrogacy agencies were creating contingency plans for clients living abroad who may be prohibited from entering the United States over the next few months. “Plan A is absolutely to have parents in the U.S., joyfully watching their child being born,” he said. “If they can’t get into the country in time, that’s when we look to plans B, C and D.”

 

In one of the better scenarios, agencies hope friends or family members living in the United States can temporarily assume guardianship of the baby until the intended parents are granted entry into the country. As a backup, however, caseworkers are also preparing strangers — health care professionals, child care providers and even surrogates themselves — to care for the newborns until travel restrictions are eased.

“These babies will not be abandoned,” said Dr. Kim Bergman, founder of Growing Generations, a surrogacy agency with dozens of international clients who may be impacted by travel bans in the coming months. “We have an army of former surrogates who are ready and eager to act as helpers and guardians for as long as necessary.”

The ongoing crisis has created an uncertain environment for foster care parents and children as well. “Basically, everything is on pause until things are back to normal,” said Trey Rabun, who works as a services supervisor at Amara, a foster care agency based in Seattle, Wash. — one of a growing number of states ordering its citizens to work from home.

Amara, whose staff members are included in the state’s proclamation, has been able to continue some aspects of the licensing process for foster parents online, such as initial interviews. But other critical components, like home inspections, need to be done in person, Rabun said.

As a result, the number of foster homes, already all too scarce in Washington before the crisis hit, will remain static for the state’s over 10,000 foster care children until the pandemic subsides and business returns to normal, Rabun said. Of bigger concern to him, and other foster care professionals throughout the country, is the impact that “stay at home” orders may have on children not yet accounted for in the system.

“We know abuse and neglect happen more in high-stress situations,” Rabun said. But the people who would normally notice and report these sorts of problem, like teachers and doctors, will be unable to do so in the days and weeks ahead. “No one has eyes on them,” he said.

With courts and other government offices closed in many states, parents who had hoped to finalize adoptions within the next couple of months are also now navigating a drastically changed landscape — particularly for parents completing adoptions abroad.

 

Early in the year, when the coronavirus was barely registering as a news story outside of Asia, Holt International — an agency that facilitates adoption placements between Chinese orphanages and adoptive parents in the United States — was already closely monitoring and responding to the outbreak.

NYTimes.com, by David Dodge, April 1, 2020

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The UK Supreme Court awards damages for commercial surrogacy

UK Supreme Court

A landmark ruling by The UK Supreme Court awards damages to a woman for Californian commercial surrogacy following a delay in detecting cancer in smear tests and biopsies.

Louisa Ghevaert provided expert evidence on surrogacy to the UK Supreme Court, donor conception and fertility law in this case and comments:UK Supreme Court

“This legal ruling from the UK Supreme Court is an important watershed in the development of medical negligence, fertility and surrogacy law in the UK. It enables a ‘surrogacy’ head of claim in cases where a person’s fertility and ability to conceive a child has been lost or impaired through medical negligence, including claims for overseas commercial surrogacy in appropriate cases. It marks a real step forward in recognising the value and importance of individual fertility and surrogacy. However, there is still more that needs to be done to preserve and protect people’s fertility and their ability to have children”.

Background

The Defendant admitted failing to detect signs of cancer from smear tests in 2008 and 2012 and biopsies in 2012 and 2013. As a result, the  Claimant developed invasive cancer of the cervix which required chemo-radiotherapy treatment that rendered her infertile and caused severe radiation damage to her bladder, bowel and vagina.

Due to the late cancer diagnosis and the increased size of the tumour, the Claimant was unable to have fertility sparing surgery and suffered a complete loss of fertility. This was a devastating blow as she had always wanted a large family of her own.  She was so devastated by the diagnosis that she postponed her cancer treatment twice to obtain further medical opinions about the viability of fertility sparing surgery. On learning this was not available to her, she underwent a cycle of ovarian stimulation in June 2013 and harvested and froze 8 mature eggs.  A few days later, she underwent surgery followed by chemo-radiotherapy. This caused irreparable damage to her uterus and ovaries so she could not conceive or carry a pregnancy and it caused her to enter premature menopause.

The Claimant therefore sought damages to enable her to enter into a commercial surrogacy arrangement in California to have a much wanted family of her own. In contrast to the informal and legally restricted nature of surrogacy in the UK, commercial surrogacy in California operates through a well established system which offers legally binding surrogacy arrangements and pre-birth orders in the Californian court.

Legal Ruling

The case was first heard in the English High Court in June 2017, where a limited damages award for two altruistic UK surrogacies was made in the sum of £74,000.  

Louisa Ghevaeart Blog, April 1, 2020

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Effect of COVID-19 on LGBTQ Family Planning

Effect of COVID-19 on LGBTQ family planning

The Effect of COVID-19 on LGBTQ Family Planning is evolving and far reaching.  It is also temporary.

Effect of COVID-19 on LGBTQ Family Planning – The COVID-19 pandemic has affected us all in ways more numerous to describe.  Those of us with families have had to learn about home schooling, some the hard way (me).  Everyone has had to adjust to what essentially has become a home quarantine situation and the emotional effects of social isolation.  And we are all witness to the world going through a major change which will create a new reality for everyone when we emerge on the other side.  But we will emerge on the other side. effect of COVID-19 0n LGBTQ family planning

While I myself have experienced the loss of a friend due to the virus, as well as the infection of a family member, I know that we all are doing our best to maintain a sense of normalcy and peace within.  Practicing this type of self-care will help mitigate the effects of COVID-19 on LGBTQ family planning.

The effects of COVID-19 on LGBTQ family planning are very real.  I have said in the past that there are no accidental pregnancies in the LGBTQ community.  Everything is carefully thought out and planned in advance.  However, the COVID-19 virus has created specific and real-world disruptions to our ability to create families.

For example, those were using, or planning to use, an IVF clinic for either surrogacy, artificial insemination (AI), intrauterine insemination (IUI) or in vitro fertilization (IVF) procedures have experienced an actual shut down of normal operations.  The clinic administrators that I have spoken with are optimistic that once the virus is contained, or at least the infection curve has flattened, that they will resume normal operations.  For the time being, they are following ASRM guidelines.  But they will also be dealing with backlogs of patients and procedures that may cause further delay in your family building timeline. 

effect of COVID-19 0n LGBTQ family planningFor lesbian couples who have thoughtfully chosen to use a clinic to assist in insemination, this delay is not only frustrating, it can also change the projected timeline of their families.  Even those couples who choose anonymous sperm donors will most likely have to wait an indefinite period of time to undergo AI or IUI procedures.  For those who choose known sperm donors, the essential DNA testing that is a prerequisite for clinic inseminations will also be on a delayed time schedule.

Gay male couples who are considering surrogacy are facing an even more complicated challenge.  First, there will inevitably be a delay in the embryo creation aspect of the beginning of their journey due to IVF clinic shutdowns.  If an intended parent already has embryos created, perhaps from a previous surrogacy journey, they may be in a better position.  However, they will also experience a delay in embryo transfer until restrictions on IVF clinic activities are lifted.  A silver lining is that they will be able to match with surrogates sooner, thereby shortening the time to pregnancy once those IVF restrictions are lifted.

Lesbian couples who choose a known sperm donor and home insemination may be the only group in our community who might not experience the delays discussed above.  However, these types of inseminations will not have the benefit of genetic testing and, for the safety and security of all parties, must have carefully prepared legal agreements in place and a second or stepparent adoption plan incorporated into that agreement.

For those in the midst of a surrogacy journey, perhaps awaiting their carrier to give birth, the effects of COVID-19 on LGBT family planning can be particularly frustrating due to travel and hospital restrictions.  Many hospitals are restricting the number of people who can be in a delivery room, particularly if they have traveled from an area that has been severely affected by COVID-19, like New York, Washington or California.  Be prepared for snags in the road and lots of patience.  You will go home with your child!  You may have to be flexible in your travel plans, i.e. be prepared for long drives instead of air travel.

For lesbian couples and gay men with surrogates who are pregnant, there is a limited study from Wuhan China showing that babies of mothers with the virus were not effected, meaning that there was no vertical transmission.

Couples considering adoptions are also at a bit of a standstill depending on where they live in the US.  Most state court systems have closed to all but “essential” proceedings.  While I would argue that adoptions are essential, the courts have determined that they are not.  I have several cases now awaiting the scheduling of finalization hearings that are simply on hold until the pandemic subsides.  This includes private placement adoptions and step or second parent adoptions.  This does not mean that making connections with birth parents must be put on hold, but the legal work that is required to effectuate the adoption may be delayed, causing additional anxiety.Effect of COIVD-19 on LGBTQ family planning

You may be asking what you can do to mitigate the effects of COVID-19 on LGBTQ family planning.  I know that I am.  Here are a few options that you can consider now.

  1. Make sure that your Estate Plan is in place and up to date. Ask yourself, “Do I need a Will?”  If you have named guardians for children in your Wills, please review to make sure that they are current and correct.  If you have not created an Estate Plan, now is a good time to do the work to ensure that you have prepared for the unexpected.  Here is a list of the documents you should be considering for your estate plan.  We have also seen a relaxation of Notary laws allowing for online notarizations.  This can make the execution of documents much easier in certain states.
  2. If you have been thinking about creating your family, now is a great time to do more research. Men Having Babies is a great resource for surrogacy.  “If These Ovaries Could Talk” is a wonderful podcast for all LGBTQ family planning.  This should include speaking with your friends who have had children to get their perspectives on the process.  It is also a really good time also to start thinking about the financial implications of having a family.  Many of us will be irreparably financially harmed by the COVID-19 pandemic.  Many of us will have to rethink the timelines we had anticipated would apply to our family planning journeys.  You may want to meet with a financial professional to discuss the best way to get your family plan back on track.
  3. Practice self-care! Whether you have children or not, staying calm and finding peace in your heart will help you get through this.  While you might feel alone, you are not alone.  Reach out and find solace in your friends and family if you can.  Take walks if you can and get outside.  Remind yourself of what will be on the other side of this experience.

If you have specific questions about how to address the effects of COVID-19 on LGBTQ family planning and estate planning, and you think I can be of help, please do not hesitate to reach out to me.  Thank you for taking the time to read this and remember to breathe.

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COVID-19 and CoronaVirus Effects on Pregnancy, What the Few Studies Have Shown Us

COVID-19

COVID-19 and CoronaVirus Effects on Pregnancy, What the Few Studies Have Shown Us

COVID-19 and CoronaVirus Effects on Pregnancy, What the Few Studies Have Shown Us.

Dr. Said Daneshmand MD, FACOG discusses COVID-19 and Pregnancy and the few studies that exist.  While this is ever changing, this is the first discussion of the effects of CoronaVirus, COVID 19 on pregnancy.

 

 

Click here to view the Video on YouTube.

 

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The Latest Study on Regulation of Compensated Gestational Surrogacy in New York

compensated gestational surrogacy

The Latest Study on Regulation of Compensated Gestational Surrogacy in New York

The Latest Study on Regulation of Compensated Gestational Surrogacy in New York underscores the need to pass this legislation and shows that it would provide the most comprehensive protections for gestational carriers in the US.compensated gestational surrogacy

This report on the regulation of compensated gestational surrogacy in New York, issued in March 2020 to the New York State Legislature by Weill Cornell Medicine and the Cornell Law School is one of the most comprehensive reports of its kind and leads the reader to now other conclusion but that New York’s pending legislation, The Child Parent Security Act, would be the most protective of gestational carriers, or surrogate mothers, of any piece of legislation in existence in the US.  Surrogacy legislation  can be ethical and comprehensive.

To quote from the article, “The trend among state legislatures in the United States is to permit rather than prohibit compensated gestational surrogacy. Since 2000, fifteen states and the District of Columbia have acted to explicitly permit compensated gestational surrogacy. On the other hand, only four states have taken a prohibitive approach since 2000 and two of those states permit uncompensated gestational surrogacy.”

“In forty-four states there is no prohibition on surrogacy by statute or there is explicit or implicit permission. Even in the six states that have statutes that appear to prohibit surrogacy, courts have granted pre-birth orders to intended parents and have issued other pro-surrogacy decisions. Consequently, surrogacy in varying ways, including by approving pre-birth orders.”

“In sum, the health and medical literature does not weigh in favor of continuing to prohibit gestational surrogacy in New York. There are generally no disparate health outcomes for gestational carriers as compared to non-gestational carriers using assisted reproductive technology (ART) nor are their disparate health impacts on children. Additionally, there are no disparate psychological impacts on gestational carriers as compared to women who have had spontaneously conceived pregnancies. States across the country are moving to legalize and regulate gestational surrogacy in the last decade.”

March 20, 2020 by Cornell Weill Medical Center and Law School 

Click here to read the entire article.

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Why a lack of oversight of surrogacy in Canada leaves some parents feeling taken advantage of

surrogacy in Canada

Surrogacy in Canada: Legal experts say Health Canada’s new rules won’t solve industry’s transparency problems of 

Surrogacy in Canada – Cuddling a child of her own was something cancer survivor Anna Camille Tucci feared might never be possible.surrogacy in Canada

In 2017, the Toronto woman had a full hysterectomy as part of treatment for ovarian cancer — but not before doctors harvested her eggs and created embryos with her husband’s sperm.

“Since I can remember, I wanted kids….That’s just something that was in my heart since I was tiny,” she said. “Even the thought of not being able to carry [a baby] — that was really difficult.”

But in December 2019, the 30-year-old’s dream of being a mom came true. A surrogate gave birth to Tucci’s healthy baby boy.

Motherhood has been “bliss,” Tucci says, yet she can’t shake lingering questions she has about the thousands of dollars she and her husband paid through the surrogacy agency they’d hired to help them navigate the delicate process.

With surrogacy in Canada, it is illegal to pay a surrogate, but it is legal to reimburse her for pregnancy-related expenses such as additional food, clothing, vitamins and any transportation costs she incurs traveling to her medical appointments. In some cases, the transactions are handled using a trust that is set up and managed by a surrogacy agency.

Over the course of a three-month investigation, CBC News spoke with dozens of people involved in surrogacy in Canada, including parents, surrogates and lawyers; their experiences reveal a burgeoning industry in which agencies lack oversight and mandatory transparency.

Five different families raised concerns about money that was paid to surrogates through their trust accounts.

Tucci wanted to know how nearly $2,000 a month was being spent, but the agency’s policy was that receipts aren’t released until after the birth.

In another case, an Ontario father demanded his agency send him his surrogate’s receipts. He found many didn’t have dates, some were duplicates, others were from before he’d met his surrogate, and one had a lottery ticket listed.

“I think people have found a way to pull the parents’ heartstrings,” Tucci said. “I think the industry as a whole — everyone that’s involved in it — I think they’re all there to make money in the end.”

Growing demand for surrogates

The most up-to-date data from Statistics Canada shows roughly one in six couples in Canada experience infertility — a figure that has doubled since the 1980s. Infertility combined with an increase in same-sex couples starting families means the demand for surrogates has boomed.

No public health agency tracks surrogate pregnancies, but data voluntarily provided by Canadian fertility clinics shows at least 816 surrogate births were reported between 2013 and 2017.

Once couples factor in fees for agencies, lawyers and fertility clinics, the cost can quickly reach $100,000 per pregnancy.

Introduced in 2004, Canada’s reproductive legislation was meant to prevent the exploitation of women and the commercialization of surrogacy.

The maximum penalty for paying a surrogate for things that aren’t pregnancy-related is a $500,000 fine and up to 10 years in prison.

Parents shocked by cost of reimbursements

Tucci and her husband selected a surrogate through an agency and paid the company nearly $10,000 in fees for consultation and to manage their surrogate’s monthly reimbursements through a trust fund. They negotiated a legal contract with their surrogate that allowed her to claim expenses up to a maximum of nearly $2,000 a month during the pregnancy.

“We thought she would never actually meet that max that we had in the contract. But we found out that that’s not true,” Tucci said.

The surrogate would submit her receipts to the agency every month. The agency would then review them and reimburse her through the trust fund.

Agency says it is ‘extremely diligent’

The five families who shared their stories with CBC News were clients of the same agency — Canadian Fertility Consulting (CFC).

CFC says it is the largest agency in the country. It has roughly 400 ongoing surrogate-couple relationships and oversees some 300 surrogacy births every year.

Owner Leia Swanberg is the only person who’s ever been charged for paying surrogates in Canada.

RCMP raided Swanberg’s Cobourg, Ont., offices and she was charged in February 2013. Later that year, she pleaded guilty to regulatory offences for paying surrogates without receipts and was fined $60,000.

by CBC.ca, Chris Glover, Chelsea Gomez, Laura Clementson March 2, 2019

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Israeli Supreme Court rules same-sex couples be given access to surrogacy

Israel Supreme Court

In an apparent rebuke to government, the Israeli Supreme Court justices say current law that excludes LGBT couples, harms ‘right to equality’ and gives the state one year to amend the existing legislation; LGBT organizations laud ‘historic decision’

In a unanimous verdict, the Israeli Supreme Court on Thursday ruled that same-sex couples and single men be given access to domestic surrogacy services.Israel Supreme Court

The five-justice panel declared that the current arrangements within the Embryo Carrying Agreements Law disproportionately “harms the right to equality” and the right of parenthood of these groups, and are therefore illegal.
Following a 4 to 1 vote, the court gave the state a maximum of 12 months to amend the current legislation.
Justice Uzi Vogelman wrote in his verdict the current Surrogacy Law inherently discriminates not only against LGBT community but against the concept of fatherhood as well.
“The current arrangement echoes the deep social construct that motherhood is preferable to fatherhood, and that a family made up of a male and female or only a female is much more ‘preferred,’ ‘deserving’ and ‘accepted’ than the more complicated forms [of family],” he wrote.
“This is a harmful message on the part of the administration, disregarding the basic duty of the state to respect all forms of life and all family units.”
 
ynetnews.com, by Yael Friedson, Amir Alon February 27, 2020
 
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South Dakota Senate panel narrowly defeats commercial surrogacy ban

South Dakota surrogacy ban

A South Dakota Senate committee on Wednesday narrowly rejected a measure that would have criminalized commercial surrogate pregnancy agents, making it unlikely for such a ban to win approval this year.

The South Dakota Senate Health and Human Services voted down the surrogacy ban bill 4-3 after a debate pitting some families who have used surrogates for pregnancy against critics who argue the practice exploits and endangers women and babies.South Dakota

Sen. Arthur Rusch, a Republican from Vermillion, cast the deciding vote against the legislation after initially moving to approve it and send it on to the full Senate. He called it “one of the most difficult decisions that I’ve made.”

The House had previously passed the bill, which deals with the practice of having a woman being impregnated with an embryo from another couple.

The proposal would have made acting as a surrogacy agent a misdemeanor punishable by up to a year in jail. It would have made South Dakota one of a handful of states to criminalize the practice. Lawmakers said they would be more open to regulating surrogacy rather than passing an outright ban.

Rep. Jon Hansen, the Dell Rapids Republican who introduced the bill, argued that commercial surrogacy makes women and babies vulnerable to commercial contracts.

“Human beings are not property to be bartered for,” he said.

During testimony Wednesday, supporters of the commercial ban pointed to situations in other states where commercial surrogates have had to go to court over disputes arising from the contracts. They argued that commercial surrogacy targets women who are poor and from vulnerable communities.

Jennifer Lahl, an activist against commercial surrogacy from California, said surrogate pregnancies have higher health risks than normal pregnancies and pointed to the deaths of several women who died from complications during a surrogate pregnancy.

The bill also had the support of anti-abortion groups, an influential force in the conservative state. Many surrogacy contracts address “fetal reduction,” in which one fetus may be aborted if a woman has twins or triplets. They argued that the contracts could be used to pressure women into getting an abortion.

Women from a group of families that have had children through surrogacy opposed the bill. They have been frequent visitors to the Capitol as the bill progressed through the Legislature, making their case to lawmakers.

They argued that the bill is based on worst-case scenarios, mostly from other states, and that the commercial contracts protect both the women acting as surrogates and the intended parents.

TheHour.com by Stephen Groves, February 26, 2020

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Source: Time for Families