The world’s media attention is currently focused on a legal battle
underway in Thailand between homosexual partners and a surrogate mother.
On finding out that the
intended parents were homosexuals, Mrs. Kusolsang, the surrogate mother,
changed her mind and did not sign the relevant passport documentation for the
child she had already handed over to the couple. Since then, Gordan Lake, the American
biological father, and Manuel Valero, his Spanish husband, have been unable to
leave Thailand with Carmen, pending the completion of proceedings at the end of
March. Gordan Lake stated that he never concealed his homosexuality from New
Life, the surrogacy agency, which has subsidiaries in numerous countries.
This is a complicated case.
Thai law does not recognise same sex marriages. Furthermore, a law passed in
February, just after Carmen’s birth, bans commercial surrogacy. In fact,
Thailand had become a popular destination for foreign couples keen to employ
surrogacy services, particularly because of the few existing regulations and
competitive tariffs. However, numerous scandals have emerged (see Surrogacy and child trafficking: an account from the
mother of "baby Gammy"), leading to the ban on this practice
for foreigners.
OMG, this story makes me sad. I know it happened quite a time ago. and probably I've heard of this issue before, but it's surely sad. I believe the time the surro signs up the papers and gets paid - she MUST know her responsibilities! It's no good surrogacy might be this badly regulated by law in a country! As those are not only the contracts, but broken hopes! if preformed unappropriately..Such cases would never have happened in Ukraine!
ReplyDeleteYou know, surrogates have a proven track record of carrying healthy pregnancies. So it often makes surrogacy more likely to be successful than fertility treatments for intended parents.
ReplyDeleteThus surrogacy can be complicated. Gestational surrogacy involves complex medical procedures, and surrogacy laws. Legal processes can be overwhelming at times. It is important to work closely with a trusted professional to ensure the process is completed safely and legally. Surrogacy costs can be significant. Because of the number of people and services required to complete a successful surrogacy, surrogacy can be expensive. Surrogacy requires you to let go of some control. While intended parents typically enjoy a greater sense of control and involvement than families pursuing adoption, you will need to relinquish some control and trust your surrogate to carry the pregnancy for you. Similar to a traditional pregnancy, surrogacy can take its toll on one’s body. Surrogates must undergo screenings. Attend interviews and appointments, and carry a baby for 9 months. During this time, gestational carriers are asked not to engage in any risky or strenuous physical activity that could endanger the pregnancy. Biotex takes good care of its surrogates. At the end of it all, the reward of delivering a new family member surpasses any temporary inconvenience.
And yes, such a situation would never have happened in Ukraine! Only because homosexuals aren't allowed to opt for surrogacy in Ukraine. Under Ukrainian law, only legally married heterosexual couples can apply for the procedure. And only if they prove the intended mother's disability to carry kids herself. I'm feeling sad for those who're facing such troubles. God helps them.
That's really awful! She initially agreed to be a surrogate because she wanted to be able to help a couple start the family they’ve always wanted. And now she just refuses! This would never have happened in Ukraine! Law there favours intended parents more than surrogates. Once the baby is conceived it's considered a couple's one. The birth certificate is issued with their names - THEY are the legal parents of the baby! We're through surrogacy at Biotexcom, so can say without hesitation it does work this very way in Ukraine! Noone has right for a baby except intended parents!
ReplyDeleteAfter investigations done, I'd say Ukraine is just perfect destination for infertility treatments, surrogacy in particular. Firstly, it's more affordable comparing to the US and the UK options for example. Costs may vary from 32k to 50k comparing to those in the US up to 150k!! On the whole, surrogacy costs will largely depend on two factors. The first is the cost of living in the selected country, which greatly influences the surrogate’s compensation. For example, while surrogates in the Ukraine receive less than half the net pay as American surrogates, their real compensation equals about the same as American surrogates when adjusted for cost of living.The second factor is cost of medical care, which is exceptionally high in the United States but is relatively cheap for the same level of care in clinics overseas. American clinics are often touted as the best worldwide, but success rates at quality IVF clinics in Ukraine or Mexico are similar. Meanwhile the cost of an IVF procedure in the US is about 35k, while overseas the same procedure costs about 6k. For surrogacy programs in Ukraine, payments are usually divided into relatively equal, manageable phases. By managing the pace of the program, future parents can also manage when payments come due.
ReplyDeleteMost Ukrainian clinics consult with future parents at no charge until they are confident to move forward. It’s the agent’s first task to help you decide if surrogacy is the best solution for you. (As in some cases it may not be.) If an agent attempts to sell you a program without first reviewing your situation in depth and reviewing all opportunities and inherent risks, that should be an immediate red flag!! Remember! The primary role of the clinic is to help you reduce your total surrogacy costs while improving your chance of success. Biotexcom for example invented all-inclusive packages which cover everything outside the plane tickets.
This would never happen in Ukraine! Under Ukrainian law, the child belongs to intended parents from the moment of conception. Once the baby is born, the birth certificate is issued with the names of the intended parents. A surrogate is not awarded any parental rights. She has no standing to keep the baby or claim any rights. This is true even if there were no biological relation between the child and intended parents. In this and other cases their names remain on the birth certificate. But the only thing to add here. A couple applying for surrogacy in Ukraine must be a married heterosexual couple..
ReplyDeleteSurrogacy is no simple process. It is rather complicated, and there are some legal matters to be tackled as well. Do not underestimate the complications that might arise in the legal front. Your entire family is at stake here, after all. If you want to protect your condition as the parent of the child, and the child’s life, you should make sure that you have an attorney who is well-versed in reproductive rights as per the state/country. This attorney will help you tide over all the legal complications. The attorney will also be helpful in case you have used a third person to carry the baby for you, as they will draw up the necessary contracts, and iron out any problems, as well.
ReplyDeleteAmerica has absolute right and in the judicial system there is no value higher than a US citizen. Everyone knows about it. But not everyone knows what it is means. If you will have any issues American law will always support surrogate mother. Sometimes it can be about time for recovery and extract. And sometimes it can be even claiming right for the baby! Surrogate mother has all rights for the baby and you should remember this!
ReplyDeleteI'm not sure this is a good approach for the process. And I really doubt the surro didn't know from the begining that she'll have to pass the baby to IP. And that those IP are homosexual couple..Sounds very weird..Knowing all the facts about the IP what made her change her mind towards them?.Anyway, I can hardly imagine what could I do in such situation..I personally sympathize both sides. But this makes obvious that things should be well regulated by law. So that all the parts of the process could feel safe going through all the treatment steps. We chose Ukraine for its surrogacy friendly law which favors IP more than the surrogates.
ReplyDeleteWell I wonder why this woman haven't thought about it far beforehand!! She came into the program. She agreed for such a role. She got paid and was taken care of. What then? - She just refuses to give the baby to the couple? - How frustrating! The couple must have regreted much they chose Thailand for surrogacy. I always recommend people to look onto Ukraine for this purpose. But here's the case of a homosexual couple. In Ukraine only married heterosexual couples can opt for surrogacy. But as soon as it happens, they can feel completely safe their surro won't keep the baby after the delivery. Well, I'm sorry for every couple in this trouble. This is sth about completely broken dreams. They did everything they could to get their baby. But the surro decided that was not enough..That's so sad!!
ReplyDeleteThat's sad to read about. Not this very issue. I guess similar things happen quite often throughout the world. But not all of them are so widely discussed though in the media. There are so many cases we don't even know about. That's why it's vital to make the right choice of the country where to apply for surrogacy. Surrogacy in Ukraine is becoming more and more popular. I know this is not the option for homosexual couples. To opt for surrogacy in Ukraine a couple must be legally married heterosexual one. But in case someone else is looking for some more info on where to pass surrogacy for more affordable prices, I'd definitely recommend looking onto Ukraine. As soon as the baby's born the birth sertificate is issued with the IP's names. They are the only legal parents of the baby. the surrogate has no right to keep the baby after delivery. I'm so sorry for the couple. this is truly unfair. But things happen. One should be very attentive.
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