Surrogacy is a topic making headlines ranging from legalities, ethics, to parenthood dreams come true.<\/p>\n
The New York Times recently published an in-depth article entitled, \u201cForeign Couples Heading to America for Surrogate Pregnancies.<\/i><\/b>\u201d<\/p>\n
Reporter, Tamar Lewin wrote, \u201cWhile babies through surrogacy have become increasingly common in the United States, with celebrities like Elton John, Sarah Jessica Parker and Jimmy Fallon openly discussing how they started a family, the situation is quite different in Portugal \u2014 as it is in most of the world where the hiring of a woman to carry a child is forbidden.\u201d<\/p>\n
Recently, a gay couple living in Lisbon celebrated the photo of their baby\u2019s first ultrasound.\u00a0 Across the globe, a woman in Pennsylvania was their surrogate.<\/p>\n
Lewin reported, \u201cEveryone was shocked, and asked everything about how we do this,\u201d said Paulo, who spoke on the condition that neither his last name nor that of his husband, Jo\u00e3o, be used since what they were doing is a crime in Portugal.\u201d\u00a0 She went on to say, \u201cAnd as Paulo and Jo\u00e3o have discovered, even bringing home a baby born abroad through surrogacy can be complicated.\u201d<\/p>\n
Paulo and Jo\u00e3o are one of many foreign couples facing these surrogacy hurdles.<\/p>\n
Including the United States, other countries such as Mexico, India, Thailand and the Ukraine permit paid surrogacy.<\/p>\n
\u201cThe traffic highlights a divide between the United States and much of the world over fundamental questions about what constitutes a family, who is considered a legal parent, who is eligible for citizenship and whether paid childbirth is a service or exploitation,\u201d Lewin wrote.<\/p>\n
According to the article, currently, more than 2,000 babies are being born through gestational surrogacy.\u00a0 This number includes domestic and international couples.<\/p>\n
While some states forbid surrogacy, states like California allow it, and the women are compensated.\u00a0 And why shouldn\u2019t they be for what they are going through?<\/p>\n
Thankfully, in this New York Times article, they touched upon the point of view of surrogates.<\/p>\n
\u201cMany women who have had a fulfilling surrogate experience go on to carry a second, or third, child for the same couple, finding pleasure in being pregnant and conferring the gift of a child and a continuing connection with another family, while earning money in the process,\u201d the reporter wrote.\u00a0 \u201cKelly, a licensed practical nurse in Pennsylvania with two children who asked not to have her last name used to protect her privacy, delivered a baby, Nico, for two German men, Thomas Reuss and Dennis Reuther, in 2012.\u201d<\/p>\n
Kelly decided to help the couple once again and is pregnant with two twin boys.<\/p>\n
Kelly told the reporter, \u201cThe money is nice, but we could manage without it, and it\u2019s not why I\u2019m doing this.\u201d<\/p>\n
While surrogacy started in the United States nearly 30 years ago, legal experts claim the emergence of surrogacy may spark new court cases, and inevitably, new laws.<\/p>\n
Because surrogacy is allowing couples all over the world an opportunity to have a child, the next issue is addressing how to bring these babies home.<\/p>\n
Lewin wrote, \u201cFor those from abroad, getting an American-born baby home can involve tangled immigration problems. Some countries require a new birth certificate, a parental order or an adoption. Some will not accept an American birth certificate with two fathers listed as the parents.\u201d She continued, \u201cOccasionally, a baby can be denied entry into the parents\u2019 home country.\u201d<\/p>\n
Intended parents who are thrilled to bring home their new baby sometimes come face-to-face with the laws in their country which may deflate their immediate joy.<\/p>\n
Having worked in this legal field for more than a decade, I can offer some sage advice with these scenarios. \u00a0It\u2019s very important that couples or a single intended parent work with an experienced attorney who understands the international market as there are things you need to tell your client.<\/p>\n
For example, bringing home a baby through surrogacy from the states is different for France, Spain and China. \u00a0Every country is different and how they handle it, so having an adept attorney on your side makes all the difference in the world.<\/p>\n
Likewise, the recent ruling in France regarding surrogacy also shows changes ahead. Published by the AFP, in a June 27 article entitled, \u201c<\/i><\/b>France accepts EU rights ruling on surrogacy children,<\/i><\/b>\u201d<\/i><\/b> things are becoming more progressive.<\/p>\n
The author wrote that France, \u201cwould not dispute a ruling by Europe\u2019s top rights court forcing it to legally recognise children born to surrogates, a practice that is illegal in the country.\u00a0 Authorities in France had refused to register three children born to surrogates in the United States as the couples\u2019 legal offspring, a crucial move as it would secure them nationality and full inheritance rights.\u201d\u00a0 The article went on to say, \u201cBut the European Court of Human Rights (ECHR) ruled Thursday that this denial by French authorities ran contrary to the European Convention of Human Rights.\u201d<\/p>\n
As controversy swirls regarding surrogacy, one thing is undeniable: When all goes smoothly with surrogacy, an insurmountable amount of joy occurs when a newborn baby is in the arms of loving parents.<\/p>\n
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