States Wrestle With Legalizing Payments For Gestational Surrogates

NPR, 10 March 2017
Author: Emily Sohn
“Last month, state legislators proposed a bill that would regulate gestational surrogacy — potentially adding legal oversight to fertility clinics that facilitate these pregnancies, when one woman carries a pregnancy for another. Minnesota’s surrogacy legislation and the debates that surround it echo the larger national debate on reproductive rights.”
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Indian surrogate mothers grab last chance to make babies ahead of impending ban

Reuters, 19 January 2017
Author: Roli Srivastava
“India’s surrogacy industry has come under attack by women’s rights groups who say fertility clinics are “baby factories” for the rich, and that a lack of regulation results in poor and uneducated women signing contracts they do not fully understand. The Indian parliament could pass a bill to outlaw commercial surrogacy – a 15-year-old industry estimated to be worth as much as $2.3 billion annually – in its next session starting in February.”
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Failed surrogate conceptions: social and ethical aspects of preconception disruptions during commercial surrogacy in India

Philosophy, Ethics, and Humanities in Medicine 2016 11:9
Authors: Sayani Mitra, Silke Schicktanz
“During a commercial surrogacy arrangement, the event of embryo transfer can be seen as the formal starting point of the arrangement. However, it is common for surrogates to undergo a failed attempt at pregnancy conception or missed conception after an embryo transfer. This paper attempts to argue that such failed attempts can be understood as a loss. It aims to reconstruct the experiences of loss and grief of the surrogates and the intended parents as a consequence of their collective failure to conceive a surrogate pregnancy.”
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In India, Couples Exploited By Unregulated Industry Of Surrogacy

NPR, 18 September 2016
Author: Julie McCarthy
“Couples who can’t conceive a child look for all kinds of alternatives in order to become parents, including surrogacy, when you pay a woman to carry and give birth to your baby. India is preparing to ban this practice altogether. As NPR’s Julie McCarthy reports, that move could protect women who serve as surrogates from exploitation, but it could also take an economic toll.”
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Fraying at the edges: UK surrogacy law in 2015

H v S (Surrogacy Agreement) [2015] EWFC 36, Re B v C (Surrogacy: Adoption) [2015] EWFC 17, Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order) [2015] EWFC 73, A & B (Children) (Surrogacy: Parental Orders: Time Limits) [2015] EWHC 911 (Fam)
Med Law Rev (2016) doi: 10.1093/medlaw/fww013  Author: Kirsty Horsey
“This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly or together, these cases serve to illustrate how the UK’s law on surrogacy—in particular its provisions regarding eligibility for parental orders—is not only out of date but also becoming nonsensical. These problems culminate in an evident inability of the law to protect the best interests of children born through surrogacy and indicate strongly a need for reform.”
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Surrogacy laws: Legal tug-of-war highlights flaws of current system

7.30, ABC TV, online 19 April 2016
Reporter: Madeleine Morris
“A newborn baby has been used as a bargaining chip between its biological parents and its surrogate mother after a surrogacy arrangement in north Queensland went sour. When the baby was born last week there was no certainty over who would take home the child, with intended parents and surrogate in a standoff about expenses claimed by the surrogate that had not been paid. The matter has now resolved, but observers say the case highlights how Australia’s surrogacy laws can leave all parties relying on goodwill, and emphasises the need for urgent law reform.”
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Decriminalize payment of donors and surrogates, says MP

CMAJ, early release online 21 March 2016
Author: Alison Motluk
“Member of Parliament is calling for full commercialization in  the  trade  of  eggs,  sperm  and  contract  pregnancy.  Anthony  Housefather,  the  Liberal  MP  from Mount  Royal,  Que.  who  was  recently  elected chair of the House of Commons Standing  Committee  on  Justice  and  Human  Rights,  says  it’s  time  to  get  rid  of  the  parts  of  the  law  that  criminalize  paying  a  gamete  donor  or  surrogate.  The  committee  has  identified  the  issue  as one of three topics for future study.”
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Legalising commercial surrogacy in Australia won’t stop people going overseas

The Conversation, 24 February 2016
Authors: Denise Cuthbert and Patricia Fronek
“A recent article that said our current laws prohibiting commercial surrogacy are not working was correct. Some states outlaw overseas commercial surrogacy, but people are working around the laws or simply ignoring them. There’s no evidence, however, to say legalising commercial surrogacy here would stop people from going overseas where it’s probably cheaper and there may be less regulation.”
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A look into the bioethics of commercialized surrogacy

McGill Tribune, 16 February 2016
Author: Clare Fogarty
“On Feb. 6, the McGill Journal of Law and Health held its eighth Annual Colloquium, with this year focusing on legal and policy issues concerning assisted reproduction in Canada. The discussions centered on the federal Assisted Human Reproduction Act (AHRA), which criminalizes the payment of surrogate mothers, setting penalties between $500,000 or a 10-year prison sentence if violated. Surrogates agreeing to carry another couple’s child are to do so entirely altruistically. Since its passing in 2004, the AHRA has exposed rather polar views amongst leaders in Canadian public health ethics.”
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