Thursday, January 17, 2013

New India Surrogacy Regulations Article

I simply cannot understand why so many countries do not recognize surrogacy as a legitimate way to become a parent. Even gestational surrogacy where there is a clear genetic donor! I feel so bad for folks in Austrailia, and don't get me started on the backwards regulations in England! At least America it is more possible, but prohibitively expensive. It is hard enough to be infertile, but to live in a country where they create barriers to non-traditional pathways to parenthood must be infuriating!

http://www.abc.net.au/am/content/2013/s3669598.htm

India cuts off commercial surrogacy to many Australians

Nance Haxton reported this story on Tuesday, January 15, 2013 08:12:00
TONY EASTLEY: Changes to commercial surrogacy arrangements in India, introduced just before Christmas, have cut off one of the more popular avenues for Australians wanting to become surrogate parents.

While going overseas for commercial surrogacy is illegal in Queensland, New South Wales and the ACT, hundreds of Australians still fly to India every year to become parents.

However, the Indian government has now issued a directive that only couples who have been married for more than two years can enter into commercial surrogacy arrangements, and only if it is legal in their home country.

Nance Haxton reports.

NANCE HAXTON: Queensland lawyer Stephen Page is a surrogacy specialist who has represented many Australian surrogate parents. He says the policy changes in India have already had a huge impact.

STEPHEN PAGE: Essentially, if you want to go to India in future for surrogacy, you've got to be married for a minimum of two years - gay marriage is excluded - and surrogacy must be legal back home.

And the only place where commercial surrogacy can occur in Australia is the Northern Territory. So unless you're in a heterosexual, married relationship for two years and you're living in the Northern Territory, you can forget about going to India.

NANCE HAXTON: So there was effectively a loophole before this where many Australians were able to go to India to engage in commercial surrogacy arrangements.

STEPHEN PAGE: Anyone could undertake it in India, anyone. So... and the majority of people from Australia who went weren't married. So they were either living in a de facto relationship or they're in a same sex relationship or they were singles.

I believe instead of about 200 children a year being born to Australian intended parents a year, it will be down to five or 10.

NANCE HAXTON: He says the rule change won't stop Australians entering into commercial surrogacy arrangements overseas. They will simply look elsewhere.

STEPHEN PAGE: See the strange thing is, it's outlawed at the state level but at the federal level it's not. At the federal level, you can go overseas and all that you need to establish is that the child is yours and then the child is entitled to Australian citizenship.

NANCE HAXTON: Surrogacy Australia president Sam Everingham says many Australians with incomplete commercial surrogacy deals in India are now in limbo. He says it would be far preferable for Australia to regulate commercial surrogacy at home.

SAM EVERINGHAM: It's become a legal headache for many courts in Australia dealing with the unintended consequences of surrogacy. And I think you know if we had arrangements in Australia where commercial arrangements were possible, it would make it much easier for the kids that are born, as well as the parents.

NANCE HAXTON: What about for people who have ethical concerns about exchanging money for children in that way?

SAM EVERINGHAM: Look, I think there's a lot to be said for keeping these arrangements all happening in the same country. You avoid issues like accusations of exploitation of families from less well off backgrounds, and it's been clear from systems in place in US states like California and Minnesota that commercial systems can operate very well, with really positive outcomes for the children, the surrogates and the intending parents.

So I think we need to look really closely at that as a wider community. I mean, despite the laws we've had against surrogacy, a lot of families go overseas and ignore those laws. So I think it will be a much better outcome if we could get those sorts of arrangements and much better access to surrogates in Australia.

I mean, even if it's not commercial, even if it's just surrogates being able to advertise that they're willing to carry in Australia it would be a start.

TONY EASTLEY: The president of Surrogacy Australia, Sam Everingham, speaking there with Nance Haxton.

3 comments:

  1. Doctors at Kiran Infertility Centre that gets around 120 foreign nationals for say the move will be a drain on the economy. Dr Samit Sekhar, chief embryologist and Surrogacy and IVF program director, said that as per the new directive, except a foreign "man and woman" who have been married for a period of at least two years, no one else will be eligible to have an Indian surrogate bear their child.

    "A lot of couples who come to us are heterosexual couples but unmarried. In foreign countries, marriage can be an expensive proposition and several couples refrain from it. To deny them the right to have a baby is not correct," says Dr Sekhar. He adds that reproductive tourism is a win-win situation for everybody as people who cannot conceive get a child and a surrogate earns about Rs 2-3.5 lakh.

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  2. Very comprehensive guide! Surrogacy requires a lot of time, money and patience to succeed, whether it's carried out privately or through an agency. But it can bring happiness to all concerned if the medical, legal, financial and emotional aspects are properly considered. http://www.surrogacyclinicsinindia.com





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  3. You have an amazing kids! Thank you for this blog. It's so inspiring! I'm so happy for you! We should always fight for our dreams and goals no matter what. I also can't carry a baby by myself. I was born without a uterus. There is no chance for me to get pregnant and feel my baby pushing into my stomach. Still I'm grateful there are places and people who can help us with our problem. At the same time this is really hard to find good agency or clinic. There are so many scammers, who want to become rich, using poor people like us. There are even women, who pretend they want to be surrogates and then they get money and disappear. Unfortunately our family faced such woman. Three years ago my dh and I decided to find sm by ourselves. We thought the procedure will be cheaper in this way. We met with her and discussed everything. She seemed so kind and lovely person. After our first payment she was gone. She didn't answer our phone calls or mails. It was so hard to get back to search of another place to go. I was seeing deception and a dirty tricks everywhere. After our experience we decided not to contact agencies and especially search sm by ourselves. We were looking for reliable clinic with professional doctors and high rate of successful treatments. We decided to concentrate mostly on Europe. As India was closed, we were choosing between Russia and Ukraine. Ultimately we chose Ukrainian clinic biotexcom. Reviews were mostly positive and this clinic has high success rates. Though we had some doubts about their medicine, we decided to go there and check everything. Our concerns faded away when we talk to our doctor and program coordinator. We saw fashionable design of the clinic and modern equipment. And the most important we saw so many couples there! People all over the world came to this clinic for surrogacy and de ivf programs. We have no regrets! We are so lucky we went straight to this clinic. Our daughter Kristine was born in May last year. We celebrated her first birthday 2 weeks ago. Dear, I wish you and your wonderful family all the best!

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