Infertility Portal

Thailand has taken a historic step in the celebration of LGBTQ+ rights by becoming the first country in Southeast Asia to legalize same-sex marriage. This landmark moment follows Taiwan, the first place in Asia to recognize same-sex unions in 2019, and Nepal, which passed similar legislation last year. With the monarchy's endorsement, Thailand now stands proudly as the third place in Asia to offer marriage equality. The new law, which updates Thailand's Civil and Commercial Code to use inclusive, gender-neutral language like "individual" instead of "men and women," reflects the country's commitment to equality. This progressive legislation not only affirms the right to marry for all couples but also ensures full legal, financial, and medical rights regardless of gender. This marks a significant and joyous moment for LGBTQ+ rights, not just in Thailand but across the region.

When you consider how far the field of Third Party Reproduction has come over the years, it's good to remember how we all got here. We don't normally recommend or promote any particular narrative, but this true story is one that we think should be thought provoking, It's a release that we think everyone should set a reminder for!

Customer Relationship Management Systems (CRMs), are notoriously expensive to procure, and are typically the preserve of large corporations. I guess we didn't get that memo! We have used our 40 years of experience in the field of Third Party Reproduction to design and build an affordable system for Surrogacy & Egg Donor Agencies. There is quite literally nothing else like it, and it is already revolutionizing the market for both big and small agencies. It is intuitive, windows based, and can be up and running from as little as 12 weeks. No more manual forms, spreadsheets, excel documents or couriered documents, our system does it all securely and automated. We are so confident that you will love what you see that we invite you to book a free, no obligation demo to see exactly why our clients love it. Simply use the link below to book You will be glad you did! https://lnkd.in/eJwrfCEW www.infertilityportal.com

A study of 806 surrogate pregnancies found that women in gestational surrogacy had a 7.8% rate of severe maternal complications—over three times higher than natural pregnancies and nearly double that of IVF pregnancies. This may be linked to the genetic difference between the surrogate and the baby, which can trigger an imbalanced immune response, potentially leading to complications like preterm birth and pre-eclampsia. Read the full article here: https://lnkd.in/eVPkPEKS

Rumors persist that the Georgian government may ban foreigners from pursuing surrogacy. However, no such legislation has been officially presented or voted on by authorities. In response, many IVF clinics in Georgia offering surrogacy services are expanding into Armenia, where surrogacy has been legal since 2002. Currently, services in Armenia are limited to married heterosexual couples.

Surrogacy is thriving in Buenos Aires City and Buenos Aires Province, Argentina, despite surrogates being legally prohibited from receiving compensation. However, some professionals seem to exploit loopholes, often involving cash payments to surrogates after birth. Recently, the National Public Prosecutor's Office for Criminal Matters raided several fertility clinics, confiscating boxes of medical files. Similar raids took place at notary offices, where records and documents were seized, as well as three law offices. Additionally, five maternity hospitals in Buenos Aires City received requests for files and information. The investigation began after a 58-year-old German woman brought her ill infant to a hospital in Germany for treatment. German child protection services alerted the Argentine consulate that the child, born via surrogacy in Argentina, possessed an Argentine passport. Investigations revealed this was part of an international surrogacy operation. None of the surrogacy agreements or parentage had been approved by a judge, with false documents authorized by notaries. The investigation is ongoing, with more arrests expected.

This is the inspiring story of two courageous gay couples, one from Canada and one from California, who fought to have their parental rights recognized in France after their children were born via surrogacy. Both couples sought the French courts to enforce foreign rulings that had already established their legal parenthood. In a landmark decision, the French Supreme Court acknowledged the importance of weighing both the risks and vulnerabilities in surrogacy arrangements and, more importantly, the rights of the children and parents involved. Citing Article 8 of the European Convention on Human Rights and Article 3 of the UN Convention on the Rights of the Child, the court emphasized that the child’s best interest is always the top priority. However, not all parental rights will be automatically recognized. There are specific requirements, including a thorough investigation into the informed legal consent given by the surrogate, the risks involved for all parties, and the vulnerability of the surrogate throughout the process. The court carefully examines these factors before granting full recognition. Ultimately, the ruling was clear: when a foreign court legally establishes parentage for children born via surrogacy, France will recognize that parentage, even without the need for adoption—so long as all these conditions are met. This decision is a major victory, ensuring that the rights of parents and their children born through surrogacy are respected, while also protecting the rights and well-being of surrogates. Viva la France for taking a bold step in recognizing the rights of parents and children born via surrogacy, while ensuring everyone’s well-being is protected!

The US Department of Health & Human Services has a useful Fact Sheet regarding IVF across the United States. Did you know that in 2021 2.3% of all infants born in the USA were conceived using ART? Over 69% of individuals of reproductive age, diagnosed with cancer turned to fertility services, and this is now considered a standard of care by the medical field. Know your facts - this is a good place to start.

In New Zealand, the Human Assisted Reproductive Technology (HART) Act 2004 and the Surrogacy Act 2008 regulate surrogacy. These laws permit altruistic surrogacy, where the surrogate mother receives only reasonable expenses related to the pregnancy. Commercial surrogacy, which involves paying the surrogate beyond reasonable expenses, is illegal.   The Surrogacy Act outlines the legal procedures and requirements for surrogacy arrangements. It mandates that the intended parents and the surrogate undergo counseling and legal advice before entering into a surrogacy agreement. The Family Court must approve the agreement before the surrogacy process can proceed.   Advertising for surrogates or intending parents is prohibited by New Zealand law, and any arrangement involving advertising is considered illegal.     In 2013 same-sex marriage was legalized in New Zealand and gay people are permitted to participate in surrogacy arrangements. Recognition of Parental Rights   In New Zealand, the surrogate is legally recognized as the mother at birth, regardless of any biological ties to the child. Parental rights must be obtained through the adoption process, regardless of where the child is born. Even if the intended parents are genetically related to the child or are named on a birth certificate issued by another country, the surrogate retains legal motherhood under New Zealand law. This means that the surrogate can change her mind and not relinquish the child, Future Legal Developments   May 2023 The government announced plans to update its outdated surrogacy laws to make the process easier and less discriminatory. The new law will recognize the parental rights of the intended parents without the need for an adoption. There may be a provision added regarding permitting international surrogacy arrangements. It is hoped that the new Bill will be presented to the House of Representatives before October 2023.   August 2023 The New Zealand Health Committee decided to redraft the Member’s Bill to align with the Law Commission’s recommendations.    October 2023 The recent general election saw the Labour Party defeated, leading to the emergence of the National Party as the new governing party. Among the 52 bills still under debate during the election period was the Improving Arrangements for Surrogacy Bill, sponsored by Tamati Coffey. MP Coffey lost his seat in the recent general election. Fortunately, a colleague has taken up the mantle to champion the bill, and there is hope for bipartisan support. The current status of the surrogacy amendment bill remains unknown at this time.

In the Netherlands, participation in surrogacy is regulated under Article 204(1)(d) of the book 1 Civil Code, emphasizing the stringent criteria for eligibility: Surrogacy is limited to residents While expenses can be reimbursed, commercial surrogacy is strictly prohibited. It is against the law to promote commercial surrogacy. The intended parents cannot advertise for a surrogate including a ban on social media postings seeking one. Private arrangements with a family member or acquaintance are the norm. The female partner of the biological mother can obtain legal parentage of the child without court involvement through two methods: She can either be automatically recognized as the child’s legal parent from birth, or she can formally acknowledge the child before the Registrar of Births, Deaths, Marriages, & Registered Partnerships. Ruling on Surrogacy Abroad In January 2023, the District Court of The Hague (ECLI:NL:RBDHA:2023:363) heard a surrogacy case involving two married men from the United States. They had twins through surrogacy. Even though both fathers were on the American birth certificate and the surrogate gave up parental rights, Dutch authorities refused registration. This was because Dutch law requires the mother’s name on birth certificates. There were also doubts about whether the surrogacy arrangement complied with Dutch rules. The court found that the surrogacy process undertaken in the United States was meticulously executed. The children’s complete history was documented, and plans were made to inform them about their background in an age-appropriate manner. Regular contact with the surrogate mother was maintained & the bond between the parties was described as a positive friendship. The applicants had also taken steps to ensure transparency regarding the egg donor’s identity, facilitating potential future contact for the children. Importantly, DNA testing confirmed the biological parentage of each child. After reviewing the evidence & hearing testimonies, the court determined that the surrogacy arrangement in the United States adhered to recommended standards, aligning with Dutch legal guidelines. Consequently, the birth certificates issued in the U.S. were deemed valid in the Netherlands. Parental authority was granted solely to the applicants. Legal Developments 2020 A draft law on surrogacy was presented in April 2020 but has not yet been enacted. June 2023 Minister Weerwind is spearheading a new surrogacy bill to lay down a robust legal framework for intended parents. Under this proposal, judges are empowered to designate intended parents as legal parents even before conception. Additionally, a comprehensive registry will be established to document surrogacy arrangements, accessible to all children born via surrogacy. Essential prerequisites include a genetic connection to at least one intended parent, compulsory counseling for both the surrogate & intended parents, & legal representation for all involved