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

Apr 18, 2022 by admin 0 Comments

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.

Others

Surrogates Summoned to Court IN CAMBODIA as Parents Left in Limbo

Apr 18, 2022 by admin 0 Comments

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.

Others

SURROGATE BABIES – EFFORTS TO MAKE SURROGACY LEGAL IN CAMBODIA

Apr 18, 2022 by admin 0 Comments

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.

Others

Worldwide Surrogacy Specialists LLC, Conference in UK & Dublin

Apr 18, 2022 by admin 0 Comments

To Start A Family, Start With A Caring Partnership.

Worldwide Surrogacy Specialists is a full-service surrogacy agency that matches intended parents across the globe with highly-qualified surrogate mothers, providing unmatched legal advice and support along the way.

Poonam Jain

Country exit specialist, ISAPL

 

With unsurpassed diplomatic/embassy experience and contacts, Poonam has made many friends amongst parents via international surrogacy for her no-nonsense services ensuring a seamless process for parents eager to return home with their newborns. Well known for her work in India, she has translated this expertise to assisting singles and couples exit South-east Asia and Ukraine with minimal delays. She is an expert in arranging required visas, paperwork, passport and citizenship documents.

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)

 

4.35 – 5.15pm
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

Others

Neuro Patient- Recent Case Handled by ISAPL

Apr 18, 2022 by admin 0 Comments
Others

Cambodia unveils new surrogacy rules

Apr 18, 2022 by admin 0 Comments

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.

Others

Streamlined Country Exit Processes (UKRAINE & CANADA)

Apr 18, 2022 by admin 0 Comments

ISAPL Team is now assisting clients with guidance, information and assistance with Citizenship & Passport for the new born Baby/babies in Kyiv, Ukraine.  ISAPL is now connected with CREATE clinic in TORONTO,  CANADA.  We can also guide clients with Embryos transfer request from India, Nepal & Cambodia.

Benefits
We ensure you enjoy your long-awaited parenthood rather than getting stressed in dealing
with embassies and other foreign officials. A shorter wait time to exit means less time off work for working dads, less accommodation and living costs in a foreign country:
We assist heterosexual couples, single parents & same-sex couples.
We can
▪ Facilitate legal assistance from independent senior family lawyers
▪ Draft declarations / affidavits / surrogacy agreements to meets specific standards.
▪ Provide advice and guidance on relevant government documents, processes and appointment procedures.
▪ Assist in obtaining birth certificate / apostille stickers/Translation
of local documents.
▪ Complete and files forms related to citizenship and passport
▪ Collect documents, complete administrative work & documents delivery
▪ Obtain documentation required by civic agencies
▪ Assist in gaining passports for newborn baby/ies
▪ Represent IPs at Embassies and Consulates
▪ Interpret relevant government policies and procedures
▪ Facilitate DNA and Medical records / evidence
Costs
Led by Poonam Jain, International Star Assistance Pvt. Ltd. (ISAPL) is an established
global company servicing intended parents, embassies and insurers. We leverage our unsurpassed knowledge of embassy requirements and procedures to facilitate fast, legal exit processes following surrogacy arrangements.
We have many years experience in working with embassies and facilitating exit for Australian newborns from India, Nepal, Thailand & Cambodia and have assisted citizens of 34+ countries in this specialized area.
Organisation Background
Poonam Jain has established herself as the “go to” international expert in relation to stress-free exits from countries such as Ukraine, India, Thailand, Cambodia and Nepal by facilitating impeccable documentation that meets Embassy requirements.
Capitalising on her 20+ years working in the embassy environment, Poonam brings much experience in serving foreign nationals. She leverages the best collaborative partnerships across the globe, assisting families with professionalism and expertise to ensure a seamless process.
Single Child AU$1,500 Twins AU$2,200
International Star Assistance Pvt. Ltd.
INDIA:
G-1, Aashirwad Complex, Green Park New Delhi 110016, http://www.ISAPLGroup.com/surrogacy
+91-11-46594412
Tel: +91-9910335443
AUSTRALIA:
2/150 Sailors Bay Rd, Northbridge 2063 aus_mkt@isaplgroup.com

 

Others

RECENT AIR MEDICAL AMBULANCE TRANSFER

Apr 18, 2022 by admin 0 Comments

Recently ISAPL got opportunity to assist and transfer via Air Ambulance Tibetan Guru (MONK) suffering from Liver cancer, very complicate case. Transferred him from Tibetan Institute in Himachal Pradesh to South of India.    Such a Blessing to serve Monks who are serving the Humanity. The Tibetan word for monk is “trapa,” which means “student” or “scholar.

Others

Parliamentary Panel to place report on Surrogacy bill TOMORROW…

Apr 18, 2022 by admin 0 Comments

A parliamentary standing committee on Health will present its report on the surrogacy bill tomorrow. The bill was introduced in November last year in the Lok Sabha. In January, the Rajya Sabha Chairman referred the legislation, as introduced in the Lok Sabha, to the Standing Committee on Health and Family Welfare for examination and a report on it. “The panel will present its report in Parliament tomorrow,” said a member of the panel.

The legislation proposes to regulate surrogacy in India, prohibit commercial surrogacy and allow ethical surrogacy to needy infertile Indian couples. According to the bill, surrogacy is a practise where a woman gives birth to a child for an intending couple and agrees to hand over the child to them after birth.

Under this bill, 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 for surrogacy, though they would be free to adopt a child under a separate law.

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

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.