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Following prominent Indian surrogacy stories in the Telegraph and Evening Standard, Natalie was interviewed on BBC Radio this afternoon to explain the law.
In the absence of regulation, a commercial surrogacy industry in India has boomed over the last few years, with many Indian fertility clinics now offering surrogacy packages to foreign intended parents at a cost of around £20,000. Indian law allows intended parents to enter into a binding contract with a surrogate mother, and Indian officials register the intended parents on the Indian birth certificate.
Theresa Erickson, a high profile Californian attorney specialising in assisted reproduction law (self-styled online and in the media as ‘the surrogacy lawyer’) pleaded guilty last month to charges relating to her involvement in a baby selling scam. The case has sent shock waves through the US assisted reproduction law community, which is reeling at the disgrace of one of its best known members.
The topic of surrogacy is both a controversial and very interesting field. SA surrogacy is very well documented with the introduction of the Childrens Act promulgated on 1 April 2010. This has very serious consequences and provides very clear guidelines to surrogate mother programs for both surrogates and commissioning parents.
With so much media exposure on surrogacy matters of late, the question on many people's lips requires some professional response. Is surrogacy legal?
Legislation pertaining to surrogacy was promulgated in April 2010 in South Africa where extensive provisions in surrogacy in South Africa was drafted. These provisions pertain to the requirements of a commissioning parent and to those of the surrogate mother.
Happy Friday! I know that I keep pushing home the idea of making certain that you have an experienced ART attorney helping you when you start your journey.
"A surrogate mother who changed her mind about handing over her baby has been allowed to keep the child.
A judge ruled the mother was better able to meet the child's needs and said the risks of a surrogacy agreement were "considerable".
The mother had met a couple over the internet and entered into a surrogacy agreement, an earlier court hearing in Birmingham had been told.
I know that over the holidays it is often hard to remember all of things that we should be thankful for, especially when you are wanting a child so badly that it takes over your very being. But, we all need to remember that having hope is a blessing in itself. The very fact that you can create your family through adoption, surrogacy, third party family building, IVF, or one of the many other medical procedures that are now available should provide us the hope that we can all be thankful for. So, while your dream of a family may still be just that - let us all be thankful for hope.
Today, in lieu of a standard Friday Legal Update, I decided that today was a good day to honor the following non-profits that work tirelessly on our behalf and behalf of our clients.
The American Fertility Association - Thank you for all of your hard work educating Don't forget Illuminations in New York next month. Tickets still available!
Resolve - Thank you for all of your hard work in the insurance arena!