SUROGACY ( MOTION REGARDING THIS HOUSE JUSTIFIES NATIONAL

SUROGACY )

Surrogacy (Third Party Parenting, Gestational Carrier)

What is Surrogacy?

Historically, there are two types of surrogacy. The original type was called classical surrogacy, and involved inseminating the
surrogate with the sperm of the father-to-be. The surrogate therefore contributed a genetic egg and was therefore the genetic and
biological mother of the child – who was then given to the intended parents after delivery. This type of surrogacy now rarely
occurs. Since the introduction of in vitro fertilization technology it is now possible to perform a more acceptable type of
surrogacy – called gestational surrogacy. In this particular process the gestational carrier is not the genetic parent of the child. For
this to take place, the genetic mother undergoes in vitro fertilization. The eggs are harvested, and fertilized in the laboratory with
her partner’s sperm. At the same time that this process is taking place, the gestational surrogate has her uterus prepared
artificially with hormones. The fertilized egg develops into an embryo, which is usually cultured in the laboratory for between 3
and 5 days. The embryo/embryos are then selected and inserted into the uterus of the gestational carrier. After birth, the surrogate
then gives the child back to the intended parents.

Here, in broad outline, are the sequence of events that take place with gestational surrogacy as conducted through the Victoria
Fertility Centre:

1. The intended parents (IP) undergo a thorough clinical, psychological and laboratory assessment. We first of all need to
ensure that the ovarian reserve is satisfactory, and that there is a good chance of harvesting eggs during the in vitro
fertilization process. Secondly, we need to make sure that the female partner is healthy enough to undergo the in vitro
fertilization process and the surgical retrieval of eggs. We need to exclude any infections that could be carried
potentially to the surrogate at the time of embryo transfer. Infectious disease screening would normally include HIV,
HTLV, hepatitis B and C, gonorrhoea, Chlamydia, syphilis and cytomegalovirus.

 
2. The intended parents are extensively counselled with regards to the IVF procedure itself, and expectations regarding
egg harvesting. Discussions would include such subjects as selective foetal reduction (when multiple gestation occurs),
termination of pregnancy for identified birth defect, the risk of ectopic pregnancy and miscarriage, and the physical and
emotional impact of all of these treatments. The intended parents and their surrogate will also be advised to seek legal
counsel.

 
3. Evaluation of the surrogate – In Canada, it is illegal to coerce someone financially to be a surrogate. In other words,
one cannot deliberately advertise for a surrogate with a promise for financial reward. It is legal, however, to
compensate the surrogate reasonably for financial expenses. The surrogate may or may not be a family member or
personal friend. There are various ways in which our patients meet surrogates. Once the surrogate is identified, she is
carefully physically and psychologically evaluated here at VFC. It is very important for us to ensure that the surrogate
has not been subjected to any pressure or coercion. Physical examination will be done to ensure that her health is good,
and that a pregnancy would not pose any specific risk to her immediate or long term health. Blood tests will be done to
assess her hormonal status and to exclude the possibility of any infectious diseases. These would be similar to those
outlined above. Issues such as the risk of spontaneous miscarriage, multiple pregnancy, risk of birth defects, the
potential need for prenatal testing such as amniocentesis, risk of pregnancy complications such as premature delivery,
hypertension and gestational diabetes will all be discussed. Preferably, the surrogate would have had a successful
pregnancy before.
  
4. Legal issues pertaining to custody and the rights of the intended parents and the surrogate need to be discussed, and
appropriate contractual agreements and consents need to be completed following full disclosure. We recommend that
the surrogate and intended parents get separate legal counsel to avoid any conflict of interest that may arise where the
same attorney counsels both parties.

 
5. At the Victoria Fertility Centre the prelude to the cycle treatment is usually initiated by placing both the surrogate and
the egg provider on the birth control pill to try and synchronize their cycles. It is extremely important that the
surrogate’s uterus is carefully primed to receive fresh embryos at exactly the right time (which is usually 3-5 days after
the eggs are harvested from the egg provider). After the surrogate has been on the birth control pill for a few weeks, she
is usually started on a medication to suppress the pituitary gland and allow us to assume control of her uterus. This
medication may be in the form of a nasal spray called Synarel or an injection called Lupron. Once she has been on this
particular medication for about 7-10 days, she will stop the birth control pill and will then expect to have a period.
After her period has started a hormone test will be done and the ovaries will be examined by ultrasound. If all is well,
she will then continue with the Lupron or Synarel, and start taking an estrogen product to prepare the uterine lining
(called the endometrium). This is usually in the form of a pill called Estrace or an injection of an estrogen product
called estradiol valerate. We also encourage the use of low dose aspirin which can improve blood flow to the uterus.
Vitamin C, E and folic acid supplements are also recommended, as these have been shown to help with the
development of the endometrium. After taking the estrogen medication for 7 to 10 days, the uterus is then examined by
ultrasound to assess the thickness of the endometrium. If necessary, the dose of estrogen may need to be increased.
Usually, a minimum of 12 to 15 days of estrogen stimulation is required to develop a healthy endometrium. At the time
that the egg donor undergoes egg retrieval, the surrogate will start taking a progesterone medication called Prometrium.
She will continue with her estrogen product, which as mentioned before, is taken either orally or by injection, and will
start taking Prometrium tablets intravaginally three times a day. Between 3 and 5 days later, the embryos will be
inserted into her uterus. After the embryo transfer the surrogate will continue to take estrogen and progesterone
supplements until the pregnancy test a couple of weeks later. She will also be prescribed a steroid called Medrol for a
few days at the time of embryo transfer, to suppress the immune system slightly and encourage implantation of the
embryo.

 
6. At the same time that the surrogate is having her uterus prepared, the egg donor will be prepared for egg harvesting. At
around the same time that the surrogate starts taking Lupron/Synarel, so will the egg donor. Just like the surrogate, she
will also stop the birth control pill about 7 days after starting the Lupron/Synarel and will have a period. The egg donor
will then have a blood test and an ultrasound before being started on fertility drugs to super ovulate the ovaries. The
egg donor will then continue with her Lupron/Synarel and will start daily injections of a fertility drug (Puregon, Gonal
F and Repronex) to stimulate the ovaries. After being on these drugs for about 6 or 7 days, a blood test will be done to
measure her estrogen levels, and an ultrasound to monitor the ovarian follicles (the follicles are the capsules of fluid
containing the eggs). When the eggs are ready, a drug will be given to mature the eggs, and then the eggs will be
retrieved by using a small needle, which is passed alongside an ultrasound probe through the vagina. The eggs are then
collected and will be fertilised in the laboratory using her partner’s sperm. Depending on the quality of her partner’s
sperm, the eggs will be fertilized either by mixing the sperm and eggs together (called standard IVF) or by selecting
and deliberately injecting a single sperm into each egg (intracytoplasmic sperm injection).

 
7. The embryos are then cultured for between 3 and 5 days. This will depend upon specific circumstances. Depending on
the age of the egg donor, either one, two or three embryos will then be selected and inserted into the uterus of the
surrogate. The role of the egg donor in this particular process is now over, and the surrogate will continue to take her
hormonal therapy until the pregnancy test two weeks later.
  
8. If the surrogate is pregnant, she will be given advice about weaning herself off the supportive hormones, and will be
scheduled to have an ultrasound at the Victoria Fertility Centre when she is between 6 and 7 weeks pregnant. The
surrogate will have the final say about how many embryos are transferred. Obviously, the more embryos that are
transferred, the higher the risk of a multiple pregnancy. Although many surrogates are willing to accept the risk of
twins, we do need to ensure that the risks of even twins are carefully explained. Many of our patients are unaware that
the obstetrical and foetal risks with twins are approximately ten times that of a singleton pregnancy. This includes all
risks such as miscarriage, premature delivery, toxemia, cesarean section, forceps, cerebral palsy, intrauterine growth
restriction, etc. Thankfully, in most cases the outcome with twins remains good, but the ideal outcome from in vitro
fertilization is a singleton pregnancy.

Commonly Asked Questions About Surrogacy

1.) What is the role of the attorney in surrogacy?

It is very important that a contract be drawn up between the intended parents and the surrogate. There are many areas of potential
conflict that can arise during the relationship. For this reason, the ground rules need to be clearly established and well understood
by both parties. To avoid conflict of interest, we also recommend that the surrogate and intended parents have separate attorneys.
Preferably, the attorneys involved should be familiar with this process. Just to give some idea of the potential areas of conflict –
these may include any one of the following:

 The number of embryos to transfer and the risk of multiple pregnancy

 If there is a multiple pregnancy – the option for selective reduction
 Prenatal care – diet, avoidance of alcohol and smoking, regular medical visits, vitamin supplements, etc
 Genetic testing – such as triple marker screening, amniocentesis and detailed ultrasound
 The management of a prenatally identified foetal abnormality –which may be mild or severe
 Termination of pregnancy should an abnormality be identified
 Compensation for time off work should an obstetrical complication arise
 Risks related to surgical delivery
 Long term maternal health risks to potential complications which could arise during pregnancy
 Visiting rights to the child
 Medical and other pregnancy related expenses
 Details regarding the handing over of the child after birth
 Clearly establishing that the intended parents will be the parents of the child whatever the outcome
 And many more issues

2.) What is the role of the reproductive psychologist in surrogacy?

The psychological evaluation is usually the first step in the screening process. Our reproductive psychologist evaluates both the
surrogate and intended parents regarding the suitability for surrogacy. She will also provide ongoing support to both parties
throughout the process and help mediate any disputes which may arise.

3.) How are the intended parents established as the legal parents of the child?

In British Columbia, the birth mother is the legal mother. For this reason it is usually necessary for the intended parents to
formally adopt their genetic child after birth. This legislation was recently challenged in court by a couple who felt uncomfortable
about the legal need to adopt their own genetic child. The court ruled in their favour, however, the legislation remains - in that the
birth mother is legally the guardian of the child. So, at this time, it would appear that it is still necessary for the intended parents
to adopt their child after the child has been given to them following delivery. This does not mean that the intended parents need
to wait for this process to take place before taking the baby home. Indeed, it is the intention that the intended parents take the
baby home as soon as the baby is discharged healthy from the hospital.

4.) What are the primary components of a successful relationship between the intended parents and surrogate?

Mutual respect, goodwill, shared expectations, trust and kindness all form the foundation for a successful relationship between
parties. It is not uncommon to face times of disappointment and hardship in the surrogacy process.

5.) Do most parties maintain contact after the birth of the child?

In many cases the surrogate may be a family member or a close friend – and as such it is obviously very natural for this intimate
relationship to continue. If the surrogate was previously not known to the intended parents, it is also common for friendships to
develop during the course of the surrogacy and for the parties to consider each other “extended family by completion”. Many
surrogates enjoy occasional photographs and updates about the child’s development.

6.) What are the expectations of pregnancy following an IVF/surrogacy arrangement?

As long as both parties are healthy, the expectations for pregnancy are directly proportional to the age of the egg donor. If the egg
donor is under the age of 35, and two good quality embryos are transferred to the surrogate, the expectation for pregnancy would
be in the region of 50-60%. The risk of miscarriage is also related to the egg donor – and for somebody under 35 years would be
in the region of 10-15%. The older the egg donor, the lower the chance of successful pregnancy. Generally speaking, if the egg
donor is between the ages of 35 and 40, the chance for successful pregnancy with the transfer of three good quality embryos,
would be in the region of 40-50%, and for egg donors above 40, the success rates start declining further. The miscarriage rates
obviously also increase with advancing age of the egg donor.

Conclusions

Surrogacy can be an extremely rewarding process for both the surrogate and the intended parents. The success of their
relationship is very dependent on the process. Adequate psychological assessment, careful discussion and explanation about
expectations is paramount to a good result.

 Abstract

South African law, in common with many other legal systems, has exercised a strong measure of control over
the fertility of its citizens via the sanction of illegitimacy and the prohibition of marriage (and hence legitimate
children) between certain persons, e.g. those who fall within the so-called prohibited degrees of relationship.
Until last year, when the Mixed Marriages Act was abolished, marriage across the colour line was prohibited in
South Africa. The requirement of a valid consent by both prospective spouses in order to enter into marriage
further excludes certain categories of persons from procreating legitimate children, e.g. the insane and mentally
feeble, while the requirement of consummation will exclude certain categories of paraplegics from
solemnizing a valid marriage. Age restrictions on marriages and the requirement of parental consent for minors
are further factors limiting the individual's freedom to procreate. These restrictions have a well-established
historical basis extending over many hundreds of years. They can be broadly categorised as having as their
objective the preservation of the family unit. The above provisions were formulated at a time when the law
never contemplated the spectacular advances in human biology that have produced the numerous artificial
forms of conception, such as AID, IVF and surrogacy. The legislature, both in South Africa and elsewhere, at
first adopted a neutral approach to this new fertility revolution and watched the courts struggle to adapt
outmoded principles to the new technology. Legislation relating to AID and IVF eventually appeared in many
jurisdictions; as a result of its delayed introduction public opinion had been educated to accept the new
techniques and the legislation is by and large favourable to these new techniques. Not so, however, as far as
surrogacy is concerned. South Africa, England and Australia have produced essentially negative legislation on
this subject. Certain American states, however, have adopted progressive legislation accepting surrogacy. The
merits of surrogacy are discussed and it is submitted that it should be condoned by the South African
legislature under certain circumstances, as it can fall in the scope of furthering the interests of the family unit.

The Bill, which borrows heavily from UK’s altruistic surrogacy Bill, has changed the
British provision of allowing only blood relatives to “close relatives”, a term that will
be further elaborated in the rules.
“In commercial surrogacy, one would just pay the surrogate mother and ensure that
the mother and baby never come in touch. But in this case it is an open thing, there are
no ethical issues. The child would know who the biological mother is because it is a
close relative,” said Swaraj. In the absence of close relatives, the couple should opt for
adoption, she said.
“The reason we have not allowed a couple with a biological or adopted child to
commission another baby through surrogacy is because there is bound to be
discrimination, if not at the time of bringing up the child, then certainly when the
question of property arises,” Swaraj said.
The Bill requires all surrogacy clinics to be registered. Clinics can charge for the
services rendered in the course of surrogacy, but the surrogate mother cannot be paid.
National and state surrogacy boards will be the regulating authorities.
ALSO READ: What is surrogacy? Everything you need to know
Commercial surrogacy, abandoning the surrogate child, exploitation of surrogate
mother, selling/ import of human embryo have all been deemed as violations that are
punishable by a jail term of at least 10 years and a fine of up to Rs 10 lakh. Clinics
have to maintain records of surrogacy for 25 years. The rights of the surrogate child
will be the same as that of a biological child.
Meanwhile, Swaraj’s dismissal of homosexuality, though in line with the Supreme
Court’s order upholding Section 377 criminalising gay sex, is at odds with the opinion
of her cabinet colleague ArunJaitley. “When you have millions of people involved in
this (gay sex), you can’t nudge them off… Jurisprudence world over is evolving, I
think the judgment was not correct and, probably at some stage, they may have to
reconsider,” Jaitley had said earlier.

'Comprehensive bill'
Foreign Minister Sushma Swaraj told reporters that under the proposed law, only local
infertile couples, married for at least five years, would be able to seek a surrogate, who
must be a close relative

"This is a comprehensive bill to completely ban commercial surrogacy," she told

reporters.

"Childless couples, who are medically unfit to have children, can take help from a close
relative, which is called altruistic surrogacy," she said.

Many have criticised the move, saying couples desperate to have children would be left
with few options.

"While we need regulations to ensure that no women are forced into surrogacy, an
outright ban isn't logical," fertility expert Archana Dhawan Bajaj told AFP news agency.
Some have criticised the draft law, saying it takes away the rights of women.
Others said the law discriminated against gay people.

India has one-third of the world's poorest people. Critics argue that poverty is a major
factor driving women to become surrogate mothers in exchange for money.

LANDMARK FERTILITY CASES

As reproductive biotechnology has become increasingly sophisticated over the last two
decades, the nation's state courts have been inundated with complicated cases
involving surrogacy, fertility, property rights, paternity and child support issues. Since
the 1980s, when the earliest major cases brought these issues to the national
consciousness, lawyers, parents, theologians and bioethicists have agonized over the
legality and morality of enforcing contracts for the sale of babies.

Landmark Cases

The watershed Baby M case, which took place in 1987 in New Jersey, was the first
major legal skirmish concerning surrogate parent arrangements. Mary Beth Whitehead
had contracted with William and Elizabeth Stern to act as a surrogate mother for them.
She was impregnated with an embryo (made by her egg was fertilized with Stern's
sperm), and after carrying the child to term, she had a change of heart about handing
the baby over to the couple.

Whitehead sued for custody of the child. Ultimately, the New Jersey Supreme Court
declared that blood was thicker than paper: it ruled her contract with the intended
parents invalid. The court stated that the government could not enforce a contact that
orders a fit and loving mother to give away her child. Whitehead was denied custody,
but granted visitation rights.

Another case heard by a state Supreme Court took place in California in 1993. Johnson
v. Calvert resulted in a contrasting ruling to the Baby M case. Mark and Crispina Calvert
hired Anna Johnson to carry to term their genetic child. Johnson ultimately sued for
custody of the child. In a 6-1 decision, the California Supreme Court ruled that Johnson
had no parental rights to the child.

This was the first time a state high court enforced a surrogacy contract. "It is not the role
of the judiciary to inhibit the use of reproductive technology when the legislature has not
seen fit to do so," wrote Justice Edward Panelli for the majority. The court's only
woman, Justice Joyce Kennard, wrote in a sharply worded dissent: "A pregnant woman
is more than a mere container or breeding animal; she is the conscious agent of
creation no less than the genetic mother, and her humanity implicated on a deep level.
Her role should not be devalued." The court has reaffirmed this finding several times
since 1993.

Other Cases in the State Courts

The Beasley case (2001).

Helen Beasley is a 26 year old British woman who was hired to carry to term a child
intended for a California couple for nearly $20,000. Beasley discovered 8 weeks into her
pregnancy that she was carrying twins. Her contract with the couple stipulated that she
would undergo a "selective reduction" if she became pregnant with more than one fetus.
Upon learning that about the twins, the couple arranged for Beasley to "reduce" the
number of fetuses by one. Beasely refused on the grounds that she was too far into the
pregnancy to undergo the procedure. Effectively, these actions could have amounted to
the couple requiring an abortion of an unwilling mother.

Beasley acknowledges that she has no legal rights to the children, but now does not
want the intended couple to have them. "I believe these parents have made it expressly
clear that they have not wanted these children." Another couple has taken over the
surrogacy contract.

The Buzzanca case (1998).

In this unusual California case, a complicated intersection of surrogacy contracts and

artificial inseminations left an unborn child legally parentless. The Buzzanca couple
agreed to have an embryo genetically unrelated to them implanted in a surrogate
mother who would carry the child to term for them. Shortly before the baby was born,
Mr. Buzzanca filed for divorce. He claimed that there were no children born to the
marriage and that he was not responsible for the child born to the surrogate, financially
or otherwise.

The case was brought to trial in a California lower court, who was responsible for
determining who the lawful parents of the child were. The court at first concluded that
the child had no lawful parents because the intended couple had no biological
relationship to the child. An appellate court eventually overturned this decision, finding
the Buzzancas the legal parents, stating that a genetic tie is not determinative and that
rather the intention of the parties is controlling. Luanne Buzzanca now has custody of
the child, and her ex-husband is paying child support.

The Fasano case (1999).

In this New York case, Donna and Richard Fasano contracted with a fertility clinic to
implant two of their fertilized eggs into her uterus. Nine months later, she had twins.
One was white and the other black. The clinic had mixed up its fertilized eggs,
implanting one of theirs and one belonging to a black couple. The Fasanos eventually
had to turn over the baby to its biological parents, but sued for visitation rights. The
court decided that Donna's motherhood was only "nominal" and denied the Fasanos
visitation. Now the biological parents are suing the fertility clinic for negligence.

This case was viewed partly in terms of property rights, bringing the following question
to the fore: Are frozen embryos in a lab's test tube "people" or are they "property?" If
embryos are property, they can be awarded to either person in a divorce, like any asset;
if they are people, then custody laws become relevant, and an important factor is who
the better parent will be.

The Turczyn case (1997-8).

Debbie and Michael Turczyn were separated in 1996 when she decided to become
artificially inseminated by an anonymous sperm donor. The couple reconciled, and with
Michael's support, Debbie gave birth to quadruplets. Nine months later, Michael moved
out again and Debbie filed for divorce. She sued him for child support. A lower court and
the Pennsylvania Superior court ordered that Michael had held the children to be his
own throughout the pregnancy, and that in this case, conduct trumped biology.

Michael and his lawyer appealed to the Pennsylvania Supreme Court, who refused to
hear the case again. The court held that the lower courts were right in finding that
Michael was the legal father by reasons of estoppel. There are no legal guidelines in
terms of how long a person has assumed a parental role before being considered a
legal parent. As Michael's lawyer says, "It's a case by case basis, which leaves plenty of
room for a judge's discretion. One judge might say four months is absolutely too short a
time, another judge may say five years is too short a time."

Lesley Blum is a researcher for Nightline.

SUROGACY PRO AND CON

oday, there are many couples as well as individuals who hope to have a child. However, in some
situations, this is not possible due to certain medical complications, history of miscarriage, or
the biological mother's age.
Over the years, the process of using a surrogate mother has become a way for parents to have
a child by using a third party to carry the child until birth. Although this can be an ideal solution,
though, the concept of surrogacy is an extremely controversial issue.
In fact, regardless of how much an individual or a couple may want a child, there are various
religious organizations that will actually forbid their members from using this form of having a
child. With this in mind, it is important to understand the key advantages and disadvantages of
considering the surrogacy option.
The Surrogacy Process
One of the key issues that those who are both for and against surrogacy grapple with is the
surrogacy procedure itself. While the process makes it possible for parents to have a child that
possesses genes from one or both "biological" parents, it can also put in motion many
emotional and psychological ups and downs for the intended parents.
In addition, even if both parents of the child are on board with using a surrogate mother, there
are instances where it may be difficult to convince friends and family members that this is the
right choice. Therefore, it is essential to take the time to thoroughly think through the entire
surrogacy process and to consider all of the pertinent factors before moving forward.
The Surrogate Mother
The process of choosing who will act as the surrogate mother can also bring up some
controversy. In some cases, the biological parents may opt to use a friend or relative for this
role. This, however, could cause some potentially negative issues down the road if not handled
correctly medically, emotionally, and legally.
A more common approach to using a surrogate mother entails locating a candidate through a
surrogacy agency. These organizations interview and carefully screen potential surrogates
before suggesting them to individuals or couples who wish to use this process. Here, too,
certain issues could come up with the family of the intended parents such as using a "stranger"
to carry their baby.
There are also advantages and disadvantages to acting as a surrogate mother. Here, women are
oftentimes well compensated for their role in this process. However, it is important that the
surrogate mother completely understands the lengthy medical and emotional process that she
will go through before, during, and after her pregnancy.
Time Considerations
When using the process of surrogacy to have a child, there are also time factors that are
involved. Before the actual pregnancy process begins, there is time spent by the biological
parent or parents in researching the available options. This can entail becoming familiar with
the medical and legal procedures that will be occurring throughout.
In any case, however, the biggest advantage to the surrogacy process has the potential to
outweigh any of the disadvantages in that regardless of the time, cost, and other factors that
are involved, a loving parent or parents will soon have a child to love.

Sensible surogary
What is Sensible Surrogacy and why should I work with you? July 3, 2014 by BILLinBCN   |   No
Comments Sensible Surrogacy is an ethical IVF/surrogacy agency offering surrogacy and IVF
procedures in India and Thailand, and with direct representation and client management within
Europe. Our mission is to help couples create loving families. We have entered into collaboration
with the leading IVF clinics internationally to arrange for IVF and surrogacy services to Future
Parents (FPs). Our Asia-based teams of experts are world-class professionals with credentials from
excellent European medical and educational institutions. Why work with Sensible Surrogacy? We
follow ethical surrogacy principles and offer a one stop solution to all your fertility needs (surrogacy,
ovum donation, fertility treatments, plus legal/immigration issues). All of us at Sensible Surrogacy
are parents of surrogacy, and understand the challenges and opportunities that surrogacy offers. We
are the most cost effective agency, with many affordable solutions for surrogacy in Thailand or in
India. Our price is based on the high volume of cases that we handle, allowing us to manage partner
costs and reduce overhead without compromising on quality and service. Why should I trust
Sensible Surrogacy? You will not find a more qualified and experienced team to assist your
surrogacy plans. We’ve started over 500 new families through surrogacy. Our partner IVF clinics and
medical teams have been performing ART and IVF procedures for more than 20 years. Our IVF
clinic in India pioneered assisted reproduction and surrogacy — both in India and worldwide. Our
legal team specializes in surrogacy immigration cases, and has a 100% success rate. We have
never failed to get a new family back home, safe and sound and legally.
For more info, visit http://www.sensiblesurrogacy.com/what-is-sensible-surrogacy/

What is the Surrogacy process? July 3, 2014 by BILLinBCN   |   No Comments Working with
Sensible Surrogacy is quite straightforward. Step-by-step, this is what happens: Future Parents
make an initial contact with our European representative, complete the Fertility Questionnaire, and
arrange a consultation with our IVF medical team in Mumbai or Bangkok.* Parents select an Egg
Donor from an external agency of their choice or ne of our recommended donor agencies. The egg
donor is given a thorough review by our IVF clinic before starting fertility treatments. Treatments last
6 to 8 weeks before she is ready to donate. Future Parents come to our clinic in Bangkok or Mumbai
to sign the surrogate/donor contracts and leave their sperm donation (or to donate eggs if the Future
Mother intends to use her own eggs for the surrogacy procedure). Once the surrogacy contracts are
signed, the surrogate begins fertility treatments in advance of the implantation. Our IVF clinic
fertilizes the eggs and impregnates the surrogate. If the Future Mother is donating eggs, this
generally happens immediately after her donation. Otherwise this occurs after the Future Parents
have returned home. Once the pregnancy is confirmed, the surrogate is moved into a personal
apartment, and placed under the care of our dedicated caregiver and medical staff. If the surrogate
does not become pregnant, we repeat the IVF procedure until we get a positive result. We handle all
prenatal care, medical checkups, and required tests. Future Parents will receive regular email
updates on the surrogate’s status and the health of the fetus. Generally they receive sonogram
images and videos, as well as test results. This is a good time for the Future Parents to notify their
local consulate in Mumbai or Asia, and begin preparing the documentation for the child’s passport.
When the surrogate is ready to deliver we will notify the Future Parents, so they can be present for
the birth. Once the child is born, our legal team assists in the application for passports. This process
is slightly different for each country. In the US and UK, DNA tests may be required. Once the child
has his/her passport, we arrange the documentation needed for the child’s Exit Visa. This also
requires a variety of documents from the hospital, clinic and others involved in the process. With the
Exit Visa in hand, the parents can return home immediately. Once home, parents typically begin the
process of registering the child with their local authorities, and begin adoption proceedings to place
the name of the non-genetic parent on the birth certificate. * We generally advise Future Parents to
consult with a legal expert early in the decision-making process. We offer an excellent, independent
legal resource with years of experience in FIV and Immigration law. As part of our service, we will
reimburse the cost of an initial legal consultation for Future Parents who continue the process with
Sensible Surrogacy.
For more info, visit http://www.sensiblesurrogacy.com/the-surrogacy-process/

Surrogacy laws
The legal aspects surrounding surrogacy are complex, diverse and mostly unsettled. In most of the countries world
over , the woman giving birth to a child is considered as the Child's legal mother. However, in very few countries, the
Intended Parents are be recognized as the legal parents from birth by the virtue of the fact that the Surrogate has
contracted to give the birth of the Child for the commissioned Parents. India is one country amongst the few, which
recognize the Intended/ Commissioning Parent/s as the legal parents. Many states now issue pre-birth orders
through the courts placing the name(s) of the intended parent(s) on the birth certificate from the start. In others the
possibility of surrogacy is either not recognized (all contracts specifying different legal parents are void), or is
prohibited.

Australia
 In all the states of Australia, the surrogate mother is regarded/considered by the law to be the legal mother of the
child and any surrogacy agreement giving custody to others is void and unenforceable in the courts of Law. In
addition in all states and the Australian Capital Territory arranging commercial surrogacy is a criminal offence,
although the Northern Territory has no legislation governing surrogacy at all and there are seems no near future
plans to introduce laws on surrogacy into the NT Legislative Assembly.

 Usually couples who make surrogacy arrangements in Australia must adopt the child rather than being recognized
as birth parents, particularly if the surrogate mother is married. After the announcement, Victoria changed their
legislation since January 1st, 2010, under the Assisted Reproductive Treatment Act, 2008, to make altruistic
surrogacy within the state legal, however commercial surrogacy is still illegal.
  Since June 1st, 2010 in Queensland, altruistic surrogacy became legal under the Surrogacy Act, 2010. Recently
North South Wales (NSW) has come up with Surrogacy Bill, with it being passed by the Legislation but the
Proclamation of the same is yet to take effect and it seems that the same will happen by Feburary, 2011 thereby
prohibiting commercial surrogacy and making Altruistic Surrogacy the Law of the day.

Canada
 Commercial Surrogacy is prohibited under the Assisted Human Reproduction Act, 2004. Altruistic surrogacy
remains legal.
 
 In the province of Quebec, contracts that involve surrogacy are unenforceable.

France
 In France, since 1994 any surrogacy arrangement whether it is commercial or altruistic is illegal, unlawful and
prohibited by the law.
 
Hungary
 Commercial surrogacy is illegal in Hungary.

India
 Commercial surrogacy has been legal in India since 2002.
 
 India is emerging as a leader in international surrogacy and a sought after destination in surrogacy-related fertility
tourism. Indian surrogates have been increasingly popular with fertile couples in industrialized nations because of the
relatively low cost. Indian clinics are at the same time becoming more competitive, not just in the pricing, but in the
hiring and retention of Indian females as surrogates. Clinics charge patients roughly a third of the price compared
with going through the procedure in the UK.

 Surrogacy in India is relatively low cost and the legal environment is favorable. In 2008, the Supreme Court of
India in the Manji's case (Japanese Baby) has held that commercial surrogacy is permitted in India with a direction to
the Legislature to pass an appropriate Law governing Surrogacy in India. At present the Surrogacy Contract between
the parties and the Assisted Reproductive Technique (ART) Clinics guidelines are the guiding force. Giving due
regard to the apex court directions, the Legislature has enacted ART BILL, 2008 which is still pending and is
expected to come in force somewhere in the next coming year. The law commission of India has specifically reviewed
the Surrogacy Law keeping in mind that in India that India is an International Surrogacy destination.
 
 International Surrogacy involves bilateral issues, where the laws of both the nations have to be at par/uniformity
else the concerns and interests of parties involved will remain unresolved and thus, giving due regard to the concerns
and in order to prevent the commercialization of the Human Reproductive system, exploitation of women and the
commodification of Children, the law commission has submitted it’s report with the relevant suggestion:
 
 The Law Commission of India has submitted the 228th Report on “NEED FOR LEGISLATION TO REGULATE
ASSISTED REPRODUCTIVE TECHNOLOGY CLINICS AS WELL AS RIGHTS AND OBLIGATIONS OF PARTIES
TO A SURROGACY.” The following observations had been made by the Law Commission: -
 
(a)       Surrogacy arrangement will continue to be governed by contract amongst parties, which will contain all the
terms requiring consent of surrogate mother to bear child, agreement of her husband and other family
members for the same, medical procedures of artificial insemination, reimbursement of all reasonable
expenses for carrying child to full term, willingness to hand over the child born to the commissioning parent(s),
etc. But such an arrangement should not be for commercial purposes.
(b)       A surrogacy arrangement should provide for financial support for surrogate child in the event of death of the
commissioning couple or individual before delivery of the child, or divorce between the intended parents and
subsequent willingness of none to take delivery of the child.
(c)       A surrogacy contract should necessarily take care of life insurance cover for surrogate mother.
(d)      One of the intended parents should be a donor as well, because the bond of love and affection with a child
primarily emanates from biological relationship. Also, the chances of various kinds of child-abuse, which have
been noticed in cases of adoptions, will be reduced. In case the intended parent is single, he or she should be
a donor to be able to have a surrogate child. Otherwise, adoption is the way to have a child which is resorted
to if biological (natural) parents and adoptive parents are different.
(e)       Legislation itself should recognize a surrogate child to be the legitimate child of the commissioning parent(s)
without there being any need for adoption or even declaration of guardian.
(f)        The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only.
(g)       Right to privacy of donor as well as surrogate mother should be protected.
(h)       Sex-selective surrogacy should be prohibited.
(i)        Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only.
The Report has come largely in support of the Surrogacy in India, highlighting a proper way of operating
surrogacy in Indian conditions. Exploitation of the women through surrogacy is another worrying factor, which
the law has to address. The Law Commission has strongly recommended against Commercial Surrogacy.
However, this is a great step forward to the present situation. We can expect a legislation to come by early
2011 with the passing of the Assisted Reproductive Technology Bill aiming to regulate the surrogacy business.
 
Israel
 Israel the first country in the world to implement a form of state-controlled surrogacy in which each and every
contract must be approved directly by the state. In March 1996, the Israeli government legalized gestational
surrogacy under the "Embryo Carrying Agreements Law." Surrogacy arrangements are permitted only to Israeli
citizens who share the same religion. Surrogates must be single, widowed or divorced and only infertile heterosexual
couples are allowed to hire surrogates. Due to the numerous restrictions on surrogacy under Israeli law, the Israeli
intended parents have turned to International Surrogacy. India is the preferred destination because of its low costs.
Then Intended Parents also turn to US surrogates where an added bonus is an automatic US citizenship for the
newborn.
 
Japan
 In March 2008, the Science Council of Japan proposed a ban on surrogacy and said that doctors, agents and their
clients should be punished for commercial surrogacy arrangements.

Netherlands and Belgium

 Commercial surrogacy is illegal in Belgium and the Netherlands.
 
United Kingdom
 Surrogacy arrangements have been legal in the United Kingdom since 2009. Whilst it is illegal in the UK to pay
more than expenses for a surrogacy, the relationship can be recognized under Section 30 of the Human Fertilization
and Embryology Act, 1990 under which a court may make parental orders similar to adoption orders. How this came
about is one of those occasions when an ordinary person can change the law.
 
United States
 Many states have their own state laws written regarding the legality of surrogate parenting. It is most common for
surrogates to reside in Florida and California due to the surrogacy-accommodating laws in these states. With the
accommodating laws of the State of California and the long overseas deployments of husbands, wives have found
surrogacy to be a means to supplement military incomes and to provide a needed service. It is illegal to hire a
surrogate in New York, and even embryonic transfers may not be done in New York. At this point, the laws
surrounding surrogacy are well defined in the State of Pennsylvania, and surrogacy is beginning to become common
in the state of Delaware.
 
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