European court for human Rights orders France told to recognise kids born to surrogates

This is great news and so much appreciated,we have a couple of French patients from the past who would very much appreciate this ruling and so many Prospective commissioning parents willing to enrol in our Surrogacy Program but we cant take them because their Government will not give  aletter endorsing Surrogacy.
"The European Court of Human Rights (ECHR) ruled France must allow families to officially register the birth of babies born abroad to surrogate mothers, which would then pave the way for the children to become French citizens.

The court  ruled that by refusing to officially recognize the children France was undermining their identity within French society.

Thursday's verdict is linked to a case brought by two sets of French parents who hired surrogates in the United States, where surrogacy is legal in some states, and had children by them.

The Mennessons had twins daughters through a surrogate in California in 2000, while the Labassees had their daughter via proxy in 2001. All three of the children are American citizens.

Under usual circumstances, a child born abroad to French parents would automatically be granted French citizenship, but in the case of the two couples, authorities refused to recognize the couples’ position as parents to the children because they were born to surrogates. Meaning the children still haven't been granted French citizenship.

The European court ruled however that although these parents didn’t give birth to their children, they “live together in way that doesn’t distinguish their family life from its usual meaning.”

While Dominique Mennesson said the verdict was a "great relief", her lawyer Patrice Spinosi, told French daily Le Figaro the case could impact on thousands of children.

"In the eyes of French law, these children have no parents, not even the father who is raising them," said Spinosi. "Two thousand children in France are in the same situation as the Mennesson girls."

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Surrogacy provisions in the INDIAN ART draft bill.

According to draft bill provisions, no woman less than 21 years of age and over 35 years can act as a surrogate mother

Women in India cannot act as surrogates for more than three successful births, including of their own children, and it would be mandatory for surrogate mothers to have a minimum two-year interval between two deliveries to ensure they remain healthy.

These landmark provisions are part of the proposed draft Assisted Reproductive Technologies (ART) Bill which the government plans to bring to the Cabinet before introducing in Parliament for passage. 

The bill, a first in India's history, seeks to monitor the unregulated sector of ART clinics, which offer infertility solutions to couples at huge costs, besides preventing commercial surrogacy and safeguarding the rights of surrogate mothers and children born out of surrogacy arrangements.

An estimated 15 per cent couples worldwide are infertile, making ART services critical.

The draft ART Bill seeks to fill these gaps and addresses "ethical, legal issues related to gamete donation, surrogacy and nationality of the child born out of ART in INDIA."

The bill is significant as currently there is no supervisory body in the country under which ART clinics offering services, including surrogacy to infertile couples, can be placed and there is no system to monitor these services and ensure that surrogate mothers are well taken care of.

According to draft bill provisions, no woman less than 21 years of age and over 35 years can act as a surrogate mother.

The bill also, for the first time, states conditions for foreign couples seeking to hire surrogates in India.

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Vietnam legalises Surrogacy with a 60% vote

Vietnam is one amongst the several countries which have in the recent past legalised Surrogacy.As i had written last week kenya became one of the countries which legalised surrogacy not just for married couples but also single men and women.
in Vietnam the National Assembly deputies voted on the specific contents on surrogacy. It was approved with 59.1 percent of the vote. The ballot was held because the surrogacy content had been protested by many deputies.
The chair of the National Assembly’s Committee for Social Issues, Ms. Truong Thi Mai,  said that surrogacy is a humanitarian measure to help infertile couples have a chance to become parents. The regulations to ensure the humanitarian purposes of surrogacy and to handle disputes are assigned to the Government.

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Surrogacy Controversy-HC dismisses petition against Bollywood star SRK in surrogacy case

The Witch Hunt against bollywood actor Shah Rukha khan and his Doctor seems to be reaching its logical end with the Mumbai High Court refusing permission to handover the Records pertaining to the Surrogate mother.
Justice Revati Mohite-Dhere dismissed the petition filed by Ms Deshpande against an order of a magistrate of October 23, 2013, which had rejected her application under Section 28(3) of the PCPNDT Act(under this act determining the sex of the foetus before birth is a crime), seeking directions to the BMC to produce all records of the surrogate mother and test conducted on her in order to support her case.

Her case was that the doctors who had done the Surrogacy procedure for the actor in Mumbai had allegedly violated the PCPNDT Act that prohibits sex determination of a foetus.
there has been intense speculation in the media trying to sensationalise the issue,the fact remains that the Baby was born extremely pre term and there were rumours in the media that they were expecting a baby boy when the fact was that the baby was already born by the time these reports appeared in the media.


Ms Deshpande had sought prosecution of the actor, his wife and their doctors on the basis of a news report in a city tabloid in June 2013, which claimed that the star couple were having a baby boy through surrogacy.

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surrogacy in India-Process and Timeline for canadian babies.

Mrs and Mr.Feiwei Yang with their baby.they are from Canada and their baby was born last month and now they are back home in Canada within a short span of 4 weeks
i must say that Apart from the American post birth process,the Canadian process with the Canadian Embassy in New Delhi is also quick,effective and streamlined.they do a DNA test between the child and the genetic parent and once it matches they issue the passport and citizenship to the newborn.
roughly about 2 to 3 weeks is needed from the canadian consulate to grant citizenship and passport for the baby.
EVENT TIMELINE  for canadians post birth

Preparation Before Going To India

1. Apply for Medical Visa.  Since the visa is usually valid for 3 months, and you may need to stay
in India for 2 months to complete everything, you may not want to start applying too early.  Or
you may want to apply for a 6-month multiple entry medical visa.

2. Email Canadian Embassy in New Delhi at DELHICANADACONSUL@international.gc.ca to inform them you're going to get your baby born through surrogacy and ask them what you need
to know and prepare. 

3. Fill the citizenship and passport application forms as much as you can, so you can identify
what you need to do once you're in India.

4. Choose and hire a Canadian DNA testing company approved by Canada for immigration purpose. This company will set up a DNA file for you and inform the Canadian Embassy in Delhi.    



Day 1: Birth

Day 3: Release from Hospital. Usually the baby is kept for observation  in the tertiary care hospital for 48 hours post birth

Since many of you are first time parents Rooming in with the baby is essential for 24 hours before discharge

Day 4-Collection of birth certificate
No detectable digital alteration and no additional framing lines should appear in the final photos as they have also resulted rejection of photo in Xiaoping's case.
Day 4 or 5 or 6: Take photo of baby for Canadian citizenship and passport application, and for exit visa application.  All in different sizes.  

While getting pictures clicked Be aware of the following:

- Hold the baby head up to take a picture is better than taking a picture of the baby lying down.  In the latter scenario, the baby's cheek may block the view of their ear(s) resulting rejection of photo.



Day 7: Once you have the birth certificate and other certificates obtained for you by KIC, you can either go to the Embassy to submit application in person or to express mail both citizenship and passport applications by using the DHL Express Center about 10 minute walk from the Service Apartment.  The Center dispatches its packages after 7:30pm once a day.  So you need to go there before 7pm.  Your package will usually arrive at the High Commission of Canada the next day at about 9:30am. 

You can fill most of the application forms while you're in Canada before flying to India. It's better you do this, so you know what you will need to do in India.  (Note: You can use the credit card payment authorization form to pay everything, including the fee to have the baby's passport mailed to you by express mail which takes two days -- if the Embassy mail it on Monday, you'll get it on Wednesday.)

In the passport application, there is a section for Guarantor or its equivalent.  If you can't get the equivalent done in time, you can mail the citizenship application first. The passport application will be process only after the Citizenship is granted which is dependent on the DNA results.

Here is the list of document that you need to include in your baby's citizenship application package:

1. Application Form - signed
2. Photos - 4
3.Original Surrogacy Agreement (notarized) -- 
4. Non-objection Certificate (NOC) - where surrogate gives up rights.
5. Hospital Certificate discharging surrogate and baby.
6. No Dues Certificate (NDC) from the Children’s hospital
7. Hospital Discharge Summary (stating baby's health condition)
8. Embryo Transfer Certificate -- from KIC.
9. No Dues Letter from KIC – 
10. Birth Certificate of the baby.
11. Credit Card payment authorization form.
12. Notarized copy of your passport.  – 
13. Notarized copy of your Medical Visa. – 
All documents should be original or notarized copy of the original.  The Canadian embassy will return all of them to you by mail once they have reviewed your application.

Day 8 (Option 1): Email and Call the Consular Section of the Embassy to follow up to ensure that they have received your application and to check with them if anything is missing in your application.   

Day 8 (Option 2): Fly to Delhi early in the morning to arrive at the Embassy just before it opens, to submit all applications in person.  Here are the advantages of submitting in person:

1. You can have them check your applications to ensure all is correct and nothing missing.

2. You can apply for temporary passport for your baby, which will shorten the passport application process from 11-15 business days to 3-5 business days. For the temporary passport, you have to apply in person!  There is additional fee for this.  But it's worth it.

Day 13 (estimation): Hopefully by this date or an earlier date, the Embassy has approved your citizenship application and has made an appointment for you to submit DNA sample in Hyderabad. 

Day 15 (estimation): Give DNA samples of the baby and yourself at the appointed Dr. office in Hyderabad.  You could have also given your own sample in Canada to familiarize yourself with the sampling process and the forms that go with the sampling process.  The Dr. office will ship your samples to the Canadian company the same day later and give you a tracking number.

Day 16-18 (estimation): Notify your DNA testing company of the upcoming DNA samples.  Track their arrival and follow up with the company to ensure that they test the samples ASAP.  Keep following up with them to get the report ASAP, and have them email the report to canadian consulate

Day 19 (estimation): Follow up with consulate to ensure that they promptly approves the DNA report which means the approval of the citizenship.  Once the Citizenship is approved, ask them to notify the section that processes the passport application to get that process started immediately.  

For passport application, they need you to produce a proof of traveling plan.  

Day 20 (estimation): E-mail and call canadian consulate or 91-11-4178-2590 to ensure that they start processing the passport application right away and inquire about if you miss anything in the application (if you have mailed your application) and also the approximate date you may receive the passport.

Day 25 (estimation): Hopefully you will receive the temporary passport around this day. And KIC would have by now prepared every document for you to apply for exit visa. 

Day 26 (estimation): Go to FRRO with your baby to apply for exit visa. 

You can expect to leave the country with your baby between day 31 to day 35 post birth

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Japan set to introduce Landmark Surrogacy Bill

Even a traditional and fairly conservative society like Japan has drafted a team to compile a bill on assisted reproduction and surrogacy.

A team of the Liberal Democratic Party has recently compiled a bill on assisted reproductive technologies. It would not only allow donations of sperm and ova from third parties for the purpose of having babies but also conditionally allow surrogate births.

The team hopes to submit the bill in the current session, but its prospect is unclear because the LDP is considering other legislation that bans surrogate births in light of the lingering opposition within the party to such births.
earlier we at Kiran infertility centre have helped several japanese Couples and single parents have a baby through our ivf and surrogacy program,however since the New MHA regulations in 2013 Japanese Commissioning parents are unable to Come to India to have a baby through surrogacy because their Government refused to give a letter of support stating that once the baby is born with the help of a surrogate mother, they will provide citizenship and  travel documents for the baby post birth.
well this requirement from the MHA,Govt. of India is a well thought out one which can prevent babies from being stuck in India post birth however it requires that the foreign country clearly state that surrogacy is legal in their own country.
 several countries have an objection to giving such a letter as even though surrogacy may not be legal in their own country they have no objection for their citizens to go abroad and have a baby through surrogacy.
like i have been saying all along,there is a new government in place and am hoping that they will make a wise decision and overturn the MHA restrictions from 2013.
full report can be read by clicking on the link below.

http://www.japantimes.co.jp/opinion/2014/06/15/editorials/plan-surrogate-births/#.U5_mzShR870

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Surrogacy in India-the truth is finally out!!

As i had said earlier,foreign funded NGO's were the ones who were responsible for coming out with all those negative stories about Surrogacy in India as a form of exploitation. even though the IB report does not mention anything about surrogacy,everyone from the field knows that NGO's funded by American Surrogacy agencies  were responsible for that sustained campaign against Surrogacy in India because they were loosing out on buisness.so much money was pumped into the negative publicity that the trigger happy folks at the MHA along with the other ministries were more than happy to put some ridiculous restrictions in place!!
NEW DELHI: An Intelligence Bureau report has accused "foreign-funded" NGOs such as Greenpeace, Cordaid, Amnesty and ActionAid of "serving as tools for foreign policy interests of western governments" by sponsoring agitations against nuclear and coal-fired power plants across the country.
full report can be accessed by clicking on the link below.
http://timesofindia.indiatimes.com/india/Foreign-funded-NGOs-stalling-development-IB-report/articleshow/36411169.cms
 

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India can learn from kenya in drafting progressive Surrogacy laws!!

The Kenyan Reproductive Health Care Bill 2014, sponsored by nominated senator Judith Sijeny was printed and published by the Government Printer last month and could be debated any time this week.
This Bill, if passed, could be the most comprehensive and progressive reproductive laws anywhere in the world.
It may be the first legislation in Kenya to recognise that children as young as ten are sexually active and goes ahead to suggest that they need access to comprehensive reproductive health services and products.
“In the provision of reproductive health services to adolescents, parental consent is not mandatory,” suggests the senator.
The proposal assures health workers that nothing prevents them from referring an adolescent who has sought reproductive health services to a qualified person for provision of necessary services and products.
Surrogacy for Single men and women
The Bill which has several clauses replicated and others contradicting the Health Bill 2014 prepared by the Ministry of Health has interesting provisions for those willing to remain single parents.
A single adult man or woman will be able to commission a surrogate mother to carry a pregnancy and deliver a baby for them. Such a person, would, if a woman, for example, identify a sperm donor or ‘withdraw’ some from the sperm bank at Kenyatta National Hospital and get into a written agreement with a willing woman to carry the pregnancy.
Surrogacy  AGREEMENT
The Bill, just like the proposed Health Bill 2014, has a lot to say about surrogacy and goes further to describe what a ‘womb renting’ agreement would look like.
For example, if the person commissioning a surrogacy is in a marriage or steady union, both parties must sign the agreement. The proposal also makes it possible for married women or those in a stable relationship to rent out their wombs.
If the husband of such a woman fails to permit the wife to rent her womb out, she can ignore the man and sign the agreement.
“Where a husband or partner of a surrogate mother unreasonably withholds his consent, the other parties shall proceed to sign the agreement and it shall be valid,” says the Bill.
A woman, who has rented out her womb, cannot claim payment but is entitled to reimbursement of expenses directly related to the pregnancy or loss of earnings occasioned by the surrogacy.
The bill suggests that trained health workers may terminate a pregnancy if the health or life of the woman is in danger but must have the consent of the woman. In case of a minor such termination can only be done in consultation with the parents or guardian.
Anybody who terminates a pregnancy without the consent of the woman and in case of a minor, a go-ahead from a guardian, risks going to jail for up to three years.
Comparing with the current Indian scenario where the MHA regulations have directly contradicted the proposed ART bill by the ICMR by retrospectively banning Single Men and Women from accessing surrogacy in India,the Kenyan draft bill seems very progressive and friendly towards the rights of all parties involved in third party reproduction.
As i have been saying along the last government headed by Sonia Gandhi was very regressive in thinking and had strong Anti Development policies and i am confident that the new governement led by Shri Narendra Modi will take note of the restrictions the last governement imposed on Foreigners entering surrogacy arrangements in India will be  lifted shortly.

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surrogacy in India-Visa nightmare for Surrogacy and ivf patients!!

A lot of our patients are having difficulties in getting their visa applications accepted,once submitted it is taking quite a lot of time to get the application accepted online.

emergency visas are being processed in person.

the problem is because of the contract being awarded to change Cox and kings.

a year ago Travisa were incharge and they would do a good job then it was shifted to BLS who were horrible.

this is a horrible situation and a professional enterprise should do a better job than this.as it is the number of tourists travelling to India keeps reducing each year.

hope cox and kings do a better job of it than BLS

http://www.sfexaminer.com/sanfrancisco/fury-anger-over-indian-visa-mess/Content?oid=2810578

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Decreased Sperm Count? stop rolling that joint!!

Young men who use cannabis may be putting their fertility at serious risk.

In the world's largest study published on Thursday investigating how common lifestyle factors influence the size and shape of sperm (referred to as sperm morphology), a research team from the Universities of Sheffield and Manchester have found that cannabis use has a negative impact.

They also found that sperm size and shape was worse in samples ejaculated in the summer months but was better in men who had abstained from sexual activity for more than six days.

Other common lifestyle factors reported by men including smoking cigarettes or drinking alcohol appeared to have little effect.

The study recruited 2,249 men from 14 fertility clinics around the UK and asked them to fill out detailed questionnaires about their medical history and their lifestyle.

Reliable data about sperm morphology was only available for 1,970 men and so the researchers compared the information collected for 318 men who produced sperm of which less than 4% was the correct size and shape and a control group of 1,652 men where this was above 4% and therefore considered normal by current medical definitions.

Men who produced ejaculates with less than 4% normal sperm were nearly twice as likely to have produced a sample in the summer months (June to August), or if they were younger than 30 years old, to have used cannabis in the three month period prior to ejaculation.

Lead author Allan Pacey from University of Sheffield said, "Our knowledge of factors that influence sperm size and shape is very limited, yet faced with a diagnosis of poor sperm morphology, many men are concerned to try and identify any factors in their lifestyle that could be causing this. It is therefore reassuring to find that there are very few identifiable risks, although our data suggests that cannabis users might be advised to stop using the drug if they are planning to try and start a family."

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Movie on Surrogacy in NYC As Legislation Is Debated Nationwide

A team of Producers Of "Breeders: A Subclass of Women?" to Hold Special Screenings In New York City & Washington, D.C.
The legality of surrogacy is currently on the hotplate of political discussions in the USA and India. Just last weekend, Louisiana Governor Bobby Jindal vetoed a bill for the second time to legalize compensated surrogacy for married, heterosexual couples. A bill introduced in D.C. last year would allow residents above the age of 21 to enter into surrogacy agreements. After the parents agree to pay medical expenses, the gestational carrier surrenders her rights to raise the child. In New York, State Senator Brad Hoylman is co-sponsoring a proposed law to overturn the current prohibition, making compensated surrogacy legal.
Lahl's film, "Breeders: A Subclass of Women?" raises vital questions about surrogacy through the experiences of four women: the unexpected consequences and heart-wrenching emotions when their maternal identity and personal autonomy are taken from them. Alongside their stories, reflections and opinions from a wide range of feminists and industry professionals reveal that, while technology might have made obtaining biological children easier, the human heart remains deeply complex.

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Surrogacy from Argentina and egg donors from South Africa

Dr.Kiran Sekhar with an IP from Argentina and Egg Donors from South Africa.

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Time for India to follow Israel's Surrogacy lead

Landmark bill to permit gay couples as well as single men and women in Israel to obtain surrogacy services overcame a major hurdle Sunday when it was approved by the cabinet, overturning an appeal by Housing Minister Uri Ariel. The legislation is set to be presented for a Knesset vote at a later date, and will likely pass into law.

Read more: Cabinet approves 'surrogacy equality' bill for gay couples | The Times of Israel http://www.timesofisrael.com/cabinet-approves-surrogacy-equality-bill-for-gay-couples/#ixzz33SSToxkx
Follow us: @timesofisrael on Twitter | timesofisrael on Facebook

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Surrogacy Bill stalled again in USA!!

Bobby Jindal who is of Indian Descent once again showed his conservative leanings by vetoing the Louisana Surrogacy bill

For the second year in a row, Gov. for the state of Louisana, Bobby Jindal has vetoed legislation that sought to set up a legal framework for surrogacy births in Louisiana.
Jindal announced the veto Saturday, three days before the end of the legislative session. His chief of staff, Kyle Plotkin, delivered the news by phone Saturday morning to state Sen. Gary Smith, who co-sponsored the legislation.
The governor, in his veto message, wrote that “despite the good intentions and hard efforts of the author, this legislation still raises concerns for many in the pro-life community.” He said he couldn’t “in good conscience, sign this bill.”
With his veto, Jindal killed legislation that attempted to give parents legal protection when they turn to a surrogate to carry their biological children. The bill’s sponsors — a state senator and a state representative whose wives grappled with reproduction issues — made a number of concessions without ever garnering the governor’s support.

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