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Cambodia unveils new surrogacy rules

Cambodia has revealed details of its new guidelines on surrogacy after it banned the commercial practice last year.

Fathers of surrogate children will now be required to perform a DNA test to prove their paternity before a child can be handed over to its parents, the Cambodia Daily reported on Tuesday.

Under Cambodian family law, the birth mother is automatically recognised as a child’s parent and in most cases, her husband is legally assumed to be the father. The burden of proof is now on the adoptive couple to show otherwise in court.

They will, however, be able to apply for exit paperwork for their children but will still need to go to court to prove their ability to raise the child financially in addition to its paternity, the country’s Ministry of the Interior was quoted as saying.

Cambodia’s sudden decision to ban commercial surrogacy in November left many foreign couples in limbo.

Many Cambodian surrogates were relocated to Thailand, where exit post-birth was easier.

“For those unable to relocate, parents were often forced to apply for a Cambodian passport and take their surrogate and newborn to Vietnam as a route towards returning home.”

Cambodia previously had a thriving and largely unregulated surrogacy industry after Nepal, Thailand and India banned commercial surrogacy.

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Country exit specialist, ISAPL

 

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TiMe
4:05 — 4:40 pm
Trends in Multi-national surrogacy

A panel of experts discusses the logistics, legal issues, pros and cons of ‘hybrid’ surrogacy arrangements in Canada/US, Ukraine  and Laos/Thailand.

Moderator:

Sam Everingham

Panellists:

Gaurav Wankhede, Become Parents; Anastasia Alexsandrova, Biotex.com;

Colin Rogerson, Dawson Cornwell; Poonam Jain (ISAPL)

 

Multi-national surrogacy

A panel of experts will discuss surrogacy in the Ukraine/Canada/US with particular focus on the Surrogacy Agreement, Emergency Travel Document, DNA testing following birth and the subsequent court applications. The panel will also discuss very recent developments which lead to a more expedient and efficient exit from the Ukraine/Canada/US.

Moderator: Caroline Lindsay Poulsen

Panellists: Poonam Jain, exit specialist; Anastasiya Herman, Intersono ; Tracey Horan, D’Arcy Horan Solicitors

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SURROGATE BABIES – EFFORTS TO MAKE SURROGACY LEGAL IN CAMBODIA

 

This is Great News. If becomes Legal then everyone is protected including Surrogates.  Just like Ukraine all are protected under LAW.

Authorities are preparing a draft law to make surrogacy legal with a range of protections for the women and babies involved.

News of the move emerged yesterday after a meeting between Foreign Minister Prak Sokhonn and newly appointed United Nations Population Fund (UNFPA) representative to Cambodia Lene Kroll Christiansen. Foreign Ministry spokesman Chum Sounry said Mr. Sokhonn told Ms. Christiansen about the surrogacy development.

“Cambodian government relevant institutes are preparing to draft a new law to make surrogacy legal in order to control and prevent Cambodian children who are born via surrogacy from becoming victims,” Mr. Sounry said.

Sok Somoni, a cabinet chief in the Women’s Affairs Ministry, confirmed that discussions about surrogacy were taking place, but declined to say more. Surrogacy has been a controversial issue in the region and has been banned by India, Nepal and Thailand.

Ros Socheap, the executive director of Gender and Development for Cambodia NGO, said: “I don’t see any benefit for surrogate mothers.“My personal opinion is that this law will not benefit Cambodian women who are hired to be surrogates by other people, especially rich people.“In Cambodia, surrogacy will target women from low-income families and low education.

“They don’t understand the meaning of the agreement when they decide to be surrogates, thus they will be at high risk of harm.“Surrogate mothers will get only a short-term benefit from the money,” she added.“On the other hand, their husbands will get angry with those surrogate women. They will accuse them of having sex to be a surrogate.“It will affect the emotions and trust between husband and wife. They will face family tension.“For example, if a baby born via surrogacy has abnormalities and the people who wanted the baby flee, who is responsible?

“The surrogate mother will have to take care of these babies. It is another burden for these women.”Ms. Socheap said this had happened in the US, where surrogacy is legal in some states, and in India and Nepal. At the meeting with Mr. Sokhonn, Ms. Christiansen said she would pay special attention to helping pregnant women whose lives are at risk during childbirth. Especially, she would focus on projects to reduce the maternal death rate during childbirth in Cambodia.

Surrogates Summoned to Court IN CAMBODIA as Parents Left in Limbo

Recent Article again reiterates that Officials in Cambodia are drafting Exit strategy.  Its just wait and Watch but ultimately All will get to leave.

Cambodian women identified as surrogate mothers hired by a jailed Australian nurse have been summoned to testify against their employer in court, but have failed to turn up partly out of fear of what might happen, according to a judge.

Ros Piseth, an investigating judge at the Phnom Penh Municipal Court, said on Tuesday the women had been summoned for questioning in an ongoing investigation into surrogacy broker Tammy Davis-Charles, who was charged in November for her role in connecting surrogate mothers with foreign parents.

Officials were quick to reassure intending parents they would be allowed to take the children home if they stepped forward and took responsibility for them, but some have since become stuck in the country, unable to leave with their newborn babies.

Ms. Bun Eng said parents with surrogate babies were forbidden from leaving the country with their newborns until a newly drafted exit strategy was approved.

“We have already prepared it, but we need to have it checked by the committee in order to have it for the implementation,” she said.

 

With ban on commercial surrogacy in India, couple wanted to take their embryos back

I CAME ACROSS BELOW ARTICLE REGARDING EMBRYOS RELEASE PERMISSION AFTER RECENT BAN ON SURROGACY IN INDIA.  INTERESTING ARTICLE.  I THINK IF FEW MORE COUPLES MOVE THE COURT OR CHASE THE MINISTRY OF HEALTH THEN SURELY THERE WILL BE THE OUTCOME.  ISAPL CAN ASSIST IN CHASE.

MUMBAI:  In a legal spill-over of the ban on commercial surrogacy, the Bombay High Court on Wednesday allowed an American couple to make a representation to the Director General of Foreign Trade (DGFT) and Department of Family Welfare to allow them take back to their country eight embryos kept by them in a hospital in Mumbai.

A division bench headed by Justice Shantunu Kemkar allowed the couple to make a representation to the DGFT and the ministry and asked the government to decide on it within three weeks.

The bench gave liberty to the respondents (DGFT and the Ministry) to file an affidavit in case they decide to reject the couple’s representation.
The embryos had to be kept at a low temperature in cold storage at the couple’s own cost every day and thus they had to incur expenditure on this.
Almost a week ago, the court had directed the couple to make DGFT and Ministry of Family Welfare respondents.
The judges were of the view that import and export regulations are governed by DGFT and it should be made a party and since the petition was about embryos, the Family Welfare department should also be heard in this matter.

The petitioner’s counsel had argued that the government should not adopt an adversarial approach, and find a solution to the problem instead.

“These are our embryos and what will the government do with them. We had brought them to India in accordance with the laws of this country and after seeking permission of the authorities. Now that surrogacy is banned in India, we want to take them back,” the lawyer had argued.

The court had earlier asked the respondents to spell out the government’s policy on the issue.

During the hearing of petition last month, the bench had also asked the couple how they could file this petition because the Constitution gave such right only to Indian citizens.

However, their lawyer argued that Article 21 gave such a right to every person, even to a foreign national. “This is because right to life (under A 21) includes right to have a baby and hence the couple has a right to file such petition in the high court,” the lawyer had argued.

The petition said the couple tried to have a baby for many years but failed, and the doctors advised them surrogacy. Accordingly, the American doctors, using the couple’s sperms and eggs, created the embryos and advised them to get a surrogate mother.

The couple sent the frozen embryos to India by a special courier. They obtained ‘surrogacy visa’ and came to India. In April 2015, the Indian Council for Medial Research had given no objection certificate to the couple to import their frozen embryos from the US.

But in November 2015, the Centre announced a change in the policy and banned surrogacy for foreign couples.

The couple then asked the hospital to return the frozen embryos, but the hospital refused, saying import and export of embryos was now banned.

The couple approached the Indian government, which also refused to allow them take back the embryos citing the new rules.

The couple argued that taking back the embryos did not amount to ‘exporting’ them out of India, because they were seeking to restore them back to the place from where they had originated.

Surrogacy in Ukraine Sees Rapid Growth

First few Baby Exit

First few Baby Exit

Ukraine-1 Ukraine-2Experts predict further growth in demand for Ukrainian surrogate mothers among foreigners since Mexico, India, Nepal, and Thailand have recently banned commercial surrogacy, while Ukraine still allows it.

Since the crisis hit Ukraine’s economy and the war with Russia broke out in 2014, more Ukrainian women consider surrogacy as a solution to their financial difficulties. Surrogate mothers can receive up to $13,000 compensation plus a $400 monthly allowance. A surge in the supply in the surrogate maternity market in Ukraine has pushed down the price of the procedure for would-be parents.

While there isn’t an official statistics for the number of surrogate births in Ukraine, one of the surrogate agencies the Kiev Post spoke to estimated that approximately 300 children are born every year from surrogate mothers. But the numbers can grow soon

Moreover, Ukraine has recently lost several competitors on the world surrogacy market. In 2015, Mexico, India, and Thailand, formerly known as popular destinations for legal and affordable surrogacy, banned it for foreigners. In 2016, Nepal joined the ban.

Ukraine legalized commercial surrogacy and egg and sperm donation in 2002. No specific permission from any regulatory body is required except for a written consent form signed by all parties. The law gives a surrogate mother no parental rights over the child born.

 

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Bill To Ban Commercial Surrogacy Introduced In Lok Sabha, 21/11/2016

NEW DELHI:  In a move to ban commercial surrogacy, a bill was today introduced in the Lok Sabha which also seeks to protect women from exploitation and ensure the rights of the child born through surrogacy.
The Surrogacy (Regulation) Bill, 2016 was introduced by Health Minister J P Nadda.

Once approved by Parliament, there will be a complete ban on commercial surrogacy, but altruistic surrogacy will be permitted for needy infertile couples under strict regulations.

The bill entitles only Indian citizens to avail of surrogacy. But foreigners, non-resident Indians (NRI) and persons of Indian origin (PIO) are not allowed to seek surrogacy in the country.

Homosexuals, single parents, and live-in couples are also not entitled for surrogacy. Also couples who already have children will not be allowed to go in for surrogacy, though they would be free to adopt a child under a separate law.

With no law governing surrogacy, India has emerged as a surrogacy hub for couples from different countries. There have been incidents concerning unethical practices, exploitation of surrogate mothers and abandonment of children born out of surrogacy.

The bill allows surrogacy only for legally married couples after five years of marriage and with a certificate from a doctor stating that they are medically unfit to produce a child. Women within the age group of 23 years to 50 years and men aged between 26 to 55 years will be eligible to go in for surrogacy.

In an attempt to check commercial exploitation and middlemen, the surrogate mother can only be a close relative, like a sister or sister-in-law who is married and has at least one healthy biological child. A woman can be a surrogate only once in her lifetime.

Cambodia bans booming Surrogacy industry, government may consider drafting law

Ministry of Health Bans Surrogate Pregnancy

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