Friday, June 17, 2016

Portugal vetoes the Surrogacy law

Portugal’s president has just vetoed a law authorizing surrogacy on June 7, 2016.
The law modifying the conditions for recourse to medically assisted procreation (MAP) was passed in parliament last May 13th by a slim majority. The new law extends MAP to single women and to lesbian couples, without any stipulations for medical indications. It also allows recourse to surrogate mothers for couples faced with medical infertility due to uterine dysfunction.
Portuguese president, Marcelo Rebelo de Sousa, decreed the law on Tuesday June 7th, but vetoed surrogacy practices, invoking the recommendations set out by the National Council of Ethics for the Life Sciences.
According to Caroline Roux, Director of VITA International:
The vote by the Portuguese Parliament was in contradiction with the current international momentum against the practice of surrogacy. Last December, the European Parliament condemned all forms of recourse to surrogacy by a large majority. The Portuguese president’s veto has a far-reaching political impact. Several countries such as India, Nepal, Thailand and Mexico are in the process of changing their legislation to be more restrictive on surrogacy. There is no “ethical” Surrogacy even without paying the surrogate mother. It is the very principle of having recourse to surrogate mothers which is contrary to women and children’s rights. However it is disturbing to see MAP be legalized without any medical stipulations, thereby deliberately depriving a child from having a father. This constitutes a serious injustice for the children thus conceived.”
Alliance VITA is an active partner in the international collective initiative No Maternity Traffic promoting the universal abolition of surrogacy. This European petition was recognized admissible last May 26 by the Council of Europe, and thus transmitted to the Committee on Social Affairs charged with evaluating surrogacy in order for European citizens to have their voices heard and be taken into consideration.

13 comments:

  1. Banning surrogacy won't improve the situation. People want use the chance to become parents. this is their right. So they'll look for everu possible option to achieve their aim. Even though it's needed to travel to a foreign counrty to undergo surrogacy there. One can find a wide range of surrogacy agencies in Kiev that can be very helpful through your journey, especially during the initial steps. They usually help hopeful intended parents to choose a gestational carrier as well as the fertility clinic they want to work with to carry out the medical process. As mentioned earlier, no special permit is required by the Ukrainian government to enter the country for the purpose of surrogacy. However, a visa or valid Ukrainian residency is required for stays longer than 3 mons. (Also, you are required to a have a valid health insurance.)

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    1. When we were looking for a clinic/country where to perform surrogacy, firstly, we looked into the process of surrogacy in the US. Found it to be overwhelmingly expensive – from $60 to 150k. And that was a factor. Unless you have a kind family member or friend that is willing to carry it for you. If things go wrong, you automatically have to pay at least $5k to match with another surrogate and do their health workup through the agency. It just seemed that there were so many costs that could be added at any time! And it seemed so unreasonable that most of that cost was going to the agency or lawyer, rather than the surrogate, who receives on average of $20 – 30k for the pregnancy!!

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    2. So how to get started and proceed if Ukraine has been chosen. Will share some of the experienced things. The process starts with the initial consultation. It is to be scheduled at least 1 week ahead and contains the following activities. A set of tests depending on the program. Consultation with a fertility specialist who will be in charge of your program (in case of stimulation you will need to have the transvaginal ultrasound check done). Consultation with a manager who will guide you through the program step by step. Signing of contracts. First payment and also you will receive the guidelines - failure to follow these recommendations may affect the initial consultation in a negative way. Another step search and confirmation of a surrogate mother, matching process (waiting time also depends on type of contract). After you sign contracts and make the first payment, the medical team starts the selection process that includes:
      Initial pre-selection by the local coordinator
      Consultation of the fertility specialist 
      Consultation of a psychologist
      Legal consultation and verification of documents
      screening for possible addictions (urine and blood tests)
      This check-up process, including all necessary tests and exams, takes about 1 month.
      Then stimulation and synchronisation stage (usually about 2 weeks). The cycle of egg donor or the biological mother is synchronised with the cycle of a surrogate mother. In case of self-treatment or violation of the treatment protocol, the clinic may cancel the cycle and terminate the contract.
      Fertilisation and embryo transfer. This is when donor’s/biological mother’s eggs are retrieved and fertilised by the sperm of a biological father. After fertilisation the embryo development is monitored by our embryology unit. You are to receive the protocol of embryo cultivation and transfer within 3 working days after the embryo transfer. Then HCG test and pregnancy confirmation. The HCG test takes place 2 weeks after the embryo transfer. The surrogate mother has her test in a clinic. The first ultrasound scan is carried out in 2 weeks after the positive HCG test by the doctor. The report will be send the same or the next day after the check. Pregnancy monitoring. What you can expect during this time:
      Monthly ultrasound checks from the 12th week of pregnancy. Reports along with video and/or pictures will be send the same or the next day. For trisomy screenings, results will be send within 5 working days.
      Trisomy 13, 18, 21 – on the 12th week of pregnancy
      Trisomy 18, 21 – on the 16th week of pregnancy
      Delivery of the baby and obtaining of the birth certificate for the baby (up to 1 week).

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  2. In my opinion, gestational surrogacy often enables one or both parents to maintain a biological relationship with their child. One can use own egg + partner's sperm; donor egg + partner's sperm; donor's motochondria+own egg+partner's sperm (the newest method our clinic is currently offering). I'm sure surrogacy creates relationships. As many intended parents become close with their surrogate and her family during the process, developing meaningful bonds that can last a lifetime. A legally binding contract outlining everyone’s expectations is negotiated and signed prior to the embryo transfer. So everyone knows exactly what to expect during the surrogacy process. IP are usuallyable to be involved in their surrogate’s pregnancy. We can attend all the key appointments. We can be present at all the important milestones, which is great. You 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.
    I cannot see the reasons why surrogacy should be banned. Or why people are against this procedure. Probably because they haven't been in the same boat themselves..

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    1. I know that, for example, according to Ukrainian legislation, intended parents are legal parents of the baby born by a surrogate. Furthermore their names are written in the baby’s birth certificate. Surrogate has no chances to keep the baby after delivery. Also agree with costs matter. Once we got interested with packages in Ukrainian biotexcom. Their prices went from 29900 to 49900 euro. All in all the question is difficult, one should learn loads of info.

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  3. Just can't stay apart. I am completely for surrogacy. What if we hadn't had this option?! Our infertility history never includes PCOS, thyroid issues, tubal surgery, then lost tubes, multiple miscarriages and one ectopic pregnancy. We also experienced 2 ivf rounds which brought us no success. Our Biotexcom clinic after further investigations told us my body was not able to carry healthy pregnancy. So we were advised to move onto surrogacy. 
    Currently bringing our little daughter up I can't imagine that we could never have seen her in this world because of surrogacy ban. This is huge blessing we can travel overseas achieve our goals with the clinics like ours. The process definitely may rise different emotions among people, couples, countries. At last religion, but this is one of the ways babies may be born to this world. Again for many couples surrogacy is the only chance to experience parenthood. People also quote for addoption instead. But it clearly never offers any genetic relation. I would doubt if it's fair to cut off couples' chances to have genetically related to them children. Noone has the right..

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  4. After all our previous failures we started looking onto clinics abroad. Ukraine – eye-catching. First, it is relatively affordable, with all-inclusive plans starting at 32k up to 50k, which covers absolutely everything outside of your plane tickets, such as transportation, food, accommodations, all things that involve IVF for you if you are using your own eggs, surrogate screening and medical costs, and birth at the hospital. It is also the same price if you choose to use donor eggs instead, which is a nice back-up plan to have if things don’t work out with your own, at no additional cost. This blew us away, because we hadn’t seen this kind of all-inclusive plan anywhere else, and the best part about it is that they guarantee you a baby, because if the first surrogate doesn’t work out, they will try again with another using your frozen embryos until they are successful. We have encountered other couples who chose Ukraine purely for the guarantee factor of a baby, which can sound strange to some, but for us, it was like music to our ears! Also, it seems like Ukraine is one of the few places where the laws favor the intended parents rather than the surrogate. Under Ukrainian law, the baby is ours from the moment of conception. Once the baby is born, the birth certificate is issued with our names, and the surrogate cannot claim any rights. Lastly, we could rest with the thought that time-wise, pregnancy could start right after embryos are created, as many women participate in surrogacy in Ukraine.
    This way we went on with Ukrainian biotex. Currently waiting for a big date. Fingers crossed for our surrogate.

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  5. I'll always vote FOR surrogacy. We've got our beautiful twins through this procedure and became the happiest ones in entire world! 
    Banning surrogacy seems to prevent a slew of legal, emotional, and cultural issues. However, there will always be families hoping to grow with no other options, surrogacy is then driven underground. In some countries, surrogacy is an unchecked and dangerous practice. In Ukraine surrogacy is a properly regulated service.
    Surrogacy laws here seem even more favourable for intended parents then for surrogates. Many countries banning surrogacy start with the belief that it takes advantage of poor, needy women. The concept of surrogacy compensation being exploitative ignores the financial stability offered many of the surrogate mothers post-pregnancy. In some countries, a single surrogate pregnancy can provide the mother a life changing sum of money. I believe that the money given a surrogate can keep her family supported and prevent more drastic and illegal measures, such as prostitution. Frequently there is concern that the surrogate mother will bond with the child and be unable to give it up when the baby is born. But this is impossible due to Ukrainian legislation. Once a baby is conceived it realtes to intended parents only! This was the hugest factor for us whilst seeking the clinic/country where to pass surrogacy treatment. With Ukrainian Biotexcom we were sure to avoid any sort of the hassle! 
    On the whole, surrogates and intended parents have the opportunity to change each other’s lives. The surrogate carrier gains financial stability and the new parents are given the child they’ve been dreaming of. Ukrainian qualified surrogacy centers are equipped to handle these issues as well as ensure well being for all parties involved. In many cases, countries banning surrogacy drives the practice underground, which only complicates matters further.
    I wanted a fullfilled family so badly. They told us I wasn't meant to conceive and carry pregnancy at all. That was some sort of a feeling I can't describe. I was devastated, broken, drained.. whatever sort of hassle which could happen to a lady desperate for her baby..Before I was diagnosed with this we spent a fortune for numerous IUIs which failed evidentaly. Another ivf with own egg round was called of due to some additive test. That very one actually showed us the state of things. 
    Our journey ended at Biotexcom where we passed de surrogacy program. This amazing place gave us our well-deserved twins who'll always be the evidence that everything is possible!

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  6. Firstly, surrogacy in Ukraine 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.
    Most 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. (We're currently passing ivf with donor egg with the clinic). This includes the following. 
    Professional consultation. Agency fee. When you decide to start the procedure and want to make specific plans for your procedure, the agency fee is due. It is paid only once. (Typical services provided by your agency fee: liaising with the surrogate, the clinic, the egg door agency, and other service providers.) Administration fees for the donor and surrogate. This fee is typically paid when the parents are ready to choose an egg donor or surrogate. The payment covers the cost of evaluating and initially preparing your surrogate. At that time a series of fertility tests, medical evaluations, psychological test, legal background check, and more are performed. Surrogates must pass each step before she is assigned to a couple. Initial clinical start-up fees. It also is a financial commitment to the clinic that you will follow through on the surrogacy procedure. It is due when parents schedule their initial visit to the clinic to leave their sperm sample, or when they engage with the clinic to plan their egg donation. Surrogate compensation. (In the US the local laws often demand that entire surrogate compensation is paid up-front into an escrow account. Payments are then released to the surrogate each month during the pregnancy. In this case there is typically a very large initial payment once the surrogate has been selected and signed. But this is balanced by very small payments made during the pregnancy itself.) In overseas programs the surrogate compensation is typically paid month-by-month during the pregnancy. IVF procedure and embryo transfer: This fee pays for the egg donation, IVF procedure, and first embryo transfer. Different clinics and agencies will treat the cost of medication differently..

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    1. Just to add a couple of things. At Biotexcom a well-managed program includes the cost of the medication in the original budget. (In other cases the cost of meds is added on as an extra expense!!). Prenatal care. In the US payment for prenatal care begins when the surrogate is confirmed pregnant. This pays for the surrogate’s housing and prenatal exams, ultrasounds, and personal oversight (including housekeeping, travel, clothing allowance, etc.) These payments are not refundable, so the cost of prenatal care is generally separated into installments. If for some reason the pregnancy terminates, future installments are not needed, but the intended parents will lose any payments made to that point. Payment can be made every month, or every trimester of the pregnancy. But this is not the question with Ukrainian clinics. Yet one step included into the package price. Delivery and recovery. This payment covers the cost of the delivery of the baby and the post-natal care of the surrogate. In some programs the surrogate’s final compensation is withheld until after the delivery to ensure she continues to be available during the bureaucratic process of apply for citizenship, passports and the return home of the baby. Finally, bureaucracy and the return home. Biotexcom has a greater portion of the paperwork needed to register the baby’s birth and start the process of establishing the baby’s citizenship. That often includes the birth certificate, copies of the surrogacy contract, and hospital records of the birth.

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  7. Although the birth of a child is typically considered a very happy time for parents, surrogacy is often unchartered territory that can become very stressful for all parties involved. Part of the stress stems from the fact that different states and countries have varying laws and regulations overseeing surrogacy. Imagine that you and your spouse want to have a baby, however, you are unable to conceive due to a number of reasons. Your friend knows how much you would love a baby and offers to help you and your spouse out: She will carry your child for you. It’s an exciting time for you! The opportunity to have the family you always want…until you look up the laws of your country or state and realize that surrogacy is banned. Flash to a few weeks later when you and your partner decide to do surrogacy in another country where it is legal. You get excited again! Until, you discover that you would be unable to return home with your child because your country will not legally recognize you as the parent or your child as a citizen of their country.
    In Ukraine surrogacy law is clear and easy for opting. The baby is yours from the moment of conception. A surrogate cannot show back and keep a baby after delivery. She just cannot claim any rights according to Ukrainian legislation. Prices are also comparatively affordable meaning costs varying from 32k to 50k EUR. Which makes difference for the majority of overseas patients. Then the procedure is time wise. Lots of women participate in surrogacy in this country. So there is no need to spend years on finding a surrogate and filling hips of papers before actual start of the process. 
    Personally I think surrogacy shoudn't be restricted this much among the contries. It's a great option to have for the infertile couples. So why not to use it?

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    1. Just wanted to add. For couples with fertility issues or for same-sex couples, surrogacy is a viable option to create a family. The sad fact remains though that surrogacy is many forms is illegal or banned in many parts of the world.  For instance, in the US there is not a nation-wide law on surrogacy. Rather, the states are responsible for surrogacy laws.It makes it difficult for individuals who live in states that do not permit surrogacy. Furthermore, most states do not have laws concerning surrogacy. Though some people do enter surrogacy contracts in those states, it can be very risky if one doesn’t receive legal counsel beforehand.

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  8. Currently dh and I live in Ireland. Commercial surrogacy is illegal within the UK and can be punishable by law. It is also illegal for any woman to advertise herself as a surrogate mother. Instead, couples can only partake in altruistic surrogacy and can consult non-profit organisations during the process. Once the surrogate mother has given birth to the child, she is the legal carer of her baby until an adoption has been finalised. However, even if she gives the child up initially, she has the legal right to claim it back for two years if she gave one of her eggs in the process. Though other countries such as Canada and Belgium also allow altruistic surrogacy but forbid commercial surrogacy, some European countries exercise even stricter laws. France, Germany, the Netherlands and Spain all ban the practice completely, meaning that infertile couples are unable to turn to surrogacy as an option. The French government ruled in 1991 that the body should not be “lent out” “rented” or “sold”. However, the country does not put a ban on couples bringing in children from surrogacy contracts abroad. This must be tough for thousands infertile couples seeking help through surrogacy throughout the world. But the things are like they are unfortunately. Sadly enough..

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