Israel constitutes committee for reviewing Third Party Reproduction for Gay Couples

by ⋅ Leave a Comment

Israel High Court of Justice decided on an application filed by a gay married couple for taking up third party reproduction and raise a child. The High Court after deep thought elaborately decided that the matter was one to be decided by the Congress (Knesset) and not by the court as the matter involves policy of the state.

The frame of the argument was in short that the availability of the surrogacy arrangement only to heterosexual couples was arbitrary and violates the constitution, which guarantees equality. The state vehemently opposed this argument stating that the matter had far reach implications. The State of Israel decided to establish a committee to study the issue of third party reproduction.

Another interesting question that was considered was the extent of using scientific improvements such as surrogacy. It was pleaded by the State that surrogacy was allowed in Israel only for the intended parents who could not otherwise reach parenthood for medical reasons. It was argued that this couldn’t be stretched for homosexual couples.

The Supreme Court of Israel also sits as the High Court of Justice. This function is unique to the Israeli system because as the High Court of Justice, the Supreme Court acts as a court of first and last instance. The High Court of Justice exercises judicial review over the other branches of government, and has powers “in matters in which it considers it necessary to grant relief in the interests of justice and which are not within the jurisdiction of any other court or tribunal.”

Bulgaria to amend its laws to allow Surrogacy

by ⋅ Leave a Comment

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

Bulgaria to amend its laws to allow Surrogacy

by ⋅ Leave a Comment

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

Bulgaria to amend its laws to allow Surrogacy

by ⋅ Leave a Comment

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

Bulgaria to amend its laws to allow Surrogacy

by ⋅ Leave a Comment

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

Bulgaria to amend its laws to allow Surrogacy

by ⋅ Leave a Comment

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

French Court holds IP to be legal parents but denies citizenship

by ⋅ 2 Comments

Surrogacy FranceIndia does not seem to be the only country caught in midst of legal controversies over issues of surrogacy. France is also facing a similar question.

Since 1994, surrogacy arrangements are held to be illegal in France according to The French Law – Article 16-7 inserted by Act No. 94-653 of July 29, 1994 Art.1 I, II, art. 3 Official Journal of July 30, 1994 that states -“Any agreement on procreation or gestation on behalf of others is void.”

A French couple, Dominique and Sylvie Mennesson paid a surrogate mother in California about $10,000 in 2000 to carry their child. The surrogate mother carried the child to term and have birth to twin daughters. On birth the twins Isa and Léa, were given US birth certificates recognising the Mennesson couple as the legal parents – but the French authorities refused to accept these.

The Paris Court of Appeals had held that Dominique and Sylvie Mennesson were the legal parents of the children, but refused to consider the children as French citizens and denied French Citizenship. The couple have reportedly stated that they will take their case to the Cour de Cassation which is France’s highest court. They hope to set a legal precedent for other parents of children born to surrogate mothers, after six years of legal action. A draft law hoping to overturn the present French law of holding any agreement for procreation of child was presented to the Senate in January, but has yet to be discussed.

Supreme Court of India directs CARA to consider adoption plea in German’s Surrogacy Case

by ⋅ 1 Comment

The Jan Balaz Case at the Supreme Court is now taking wild turns with the suggestion of the Solicitor General of India being turned down by the German Couple. As reported from several sources, the German Couple’s Counsel had expressed their willingness to contest the matter before the Supreme Court rather than wait for the Government with a favourable response. The Solicitor General of India had earlier sought time before the Supreme Court stating that the Government is trying to do its best for the immediate settlement of the matter in an amicable manner. The German Couple’s Counsel had stated that four month had already elapsed the same way and they wished to fight the matter rather than wait for the Government to come with an amicable settlement. The German Couple’s Counsel had represented before the Supreme Court that the decision of the Gujarat High Court may be allowed to operate since the Government of India does not have a problem in allowing the children for going abroad. The Solicitor General protested against this argument stating that the holding of the surrogate mother to be the legal mother of the child would have far reaching impact and that cannot be allowed.

The Supreme Court then directed the Central Adoption Resource Agency (CARA) to consider as a one-time measure the plea of the German couple for adoption of twins born through a surrogate Indian mother as a special case. The CARA is the body which was set up pursuant to India becoming a party to Hague Convention on Inter-country Adoption in the year 2003.

No arguemnts has yet been presented before the Supreme Court of India on the effects of holding the surrogate mother to be the legal mother of the child. The stand of other intended parents who are presently taking up surrogacy in India has also not been made available before the Supreme Court. The Supreme Court decision would be affecting every intended parent who is presently taking up surrogacy in India.

Jan Balaz case

by ⋅ 1 Comment

The Supreme Court of India is unrelentingly making attempts to have the twins born through surrogacy to be sent along with the German Couple to their homeland. Understanding the feeble chances of granting Indian Citizenship to the children, the Indian government tried negotiating with the German Authorities to grant nationality for the children as a ‘special case.’ However, the German Authorities held a firm ‘no’ as surrogacy was not permitted in Germany.

The Indian Government had agreed that the Central Adoption Resource Agency shall relax its restriction on children born through surrogacy and shall try for the adoption of the children by the intended parents. The Supreme Court responded by directing the government to file an affidavit expressing its willingness to relax the regulation for this purpose. The case is next posted to March 16th 2010.

The impact of the proposed decision of the Apex Court is certainly alarming. The Supreme Court of India is on the verge of ruling that the children of Jan Balaz (the German) have to be adopted from the surrogate mother. This would have an indirectly effect the names of the intended parents on the birth certificate. Once it is ruled that the surrogate mother has to give in adoption, it clearly means that the surrogate mother is the legal mother of the child and that their name will figure on the birth certificate. This would again create confusion in the law of international surrogacy where in the absence of laws in India, the Supreme Court is holding the surrogate mother to be the legal mother of the child. This of course is not in accordance with the surrogacy agreement which the couple of entered with the surrogate mother and also with the ICMR guidelines which clearly states that the name of the Intended Parents shall be in the birth certificate. It has to be noted at this instance that the Birth Certificate in this case carries the name of the surrogate mother and Mr. Jan Balaz, the German National.

The Supreme Court of India has not been briefed on the other couples who have taken up surrogacy in India with the belief that the birth certificate would be issued in the name of intended parents. This decision shall have an impact on all those cases where intended parents are already pregnant with the surrogate mothers with a premise that the birth certificate would be issued in their name. A representation to the Supreme Court on this count is imminent.

Jan Balaz case

by ⋅ 1 Comment

The Supreme Court of India is unrelentingly making attempts to have the twins born through surrogacy to be sent along with the German Couple to their homeland. Understanding the feeble chances of granting Indian Citizenship to the children, the Indian government tried negotiating with the German Authorities to grant nationality for the children as a ‘special case.’ However, the German Authorities held a firm ‘no’ as surrogacy was not permitted in Germany.

The Indian Government had agreed that the Central Adoption Resource Agency shall relax its restriction on children born through surrogacy and shall try for the adoption of the children by the intended parents. The Supreme Court responded by directing the government to file an affidavit expressing its willingness to relax the regulation for this purpose. The case is next posted to March 16th 2010.

The impact of the proposed decision of the Apex Court is certainly alarming. The Supreme Court of India is on the verge of ruling that the children of Jan Balaz (the German) have to be adopted from the surrogate mother. This would have an indirectly effect the names of the intended parents on the birth certificate. Once it is ruled that the surrogate mother has to give in adoption, it clearly means that the surrogate mother is the legal mother of the child and that their name will figure on the birth certificate. This would again create confusion in the law of international surrogacy where in the absence of laws in India, the Supreme Court is holding the surrogate mother to be the legal mother of the child. This of course is not in accordance with the surrogacy agreement which the couple of entered with the surrogate mother and also with the ICMR guidelines which clearly states that the name of the Intended Parents shall be in the birth certificate. It has to be noted at this instance that the Birth Certificate in this case carries the name of the surrogate mother and Mr. Jan Balaz, the German National.

The Supreme Court of India has not been briefed on the other couples who have taken up surrogacy in India with the belief that the birth certificate would be issued in the name of intended parents. This decision shall have an impact on all those cases where intended parents are already pregnant with the surrogate mothers with a premise that the birth certificate would be issued in their name. A representation to the Supreme Court on this count is imminent.