After deciding to have children through surrogacy, the next logical question is: Should we pursue surrogacy here in the U.S. or abroad?
The answer to that would have been more complicated just 18 months ago, but in a short period of time, and after a few international scandals, most LGBT "friendly" countries have banned commercial surrogacy.
A quick aside - commercial surrogacy refers to a surrogacy in which the surrogate is paid above and beyond the direct costs related to the pregnancy. Alternatively, when a surrogate is only compensated for the direct costs, it is considered an altruistic surrogacy. Due to the risks and invasiveness of pregnancy and surrogacy, usually only family members agree to be an altruistic surrogate.
So what has happened abroad?
India
India banned non-Indian citizens, including those of Indian heritage holding what is called an Overseas Citizen of India card, from participating in commercial surrogacy as of November 4, 2015. It is possible that if India recognizes LGBT marriages and allows OCI card holders to contract commercial surrogacy services, we could still go to India to have our children.
http://www.theguardian.com/world/2016/jan/03/india-surrogate-embryo-ban-hardship-gujarat-fertility-clinic
Mexico
The Mexican state of Tabasco had allowed commercial surrogacy for some number of years, but after a string of scandals involving agencies scamming Intended Parents and even surrogates out of their money, the state quickly passed a revision to the law banning all foreigners from contracting commercial surrogacy. As of January 14, 2016, commercial surrogacy for foreigners and even Mexican gay male couples is now banned.
http://www.theguardian.com/world/2015/dec/15/mexico-tabasco-state-surrogacy-gay-men-foreign-couples
Nepal
On August 25, 2015, commercial surrogacy was banned in Nepal.
http://nepal.usembassy.gov/service/surrogacy-in-nepal.html
Thailand
After the infamous baby Gammy case of an Australian couple leaving one of their twins, who has down syndrome, in Thailand, Thailand quickly banned commercial surrogacy to foreigners. This case is particularly infuriating because an IVF clinic can easily test for Down syndrome prior to the embryo being implanted, but we'll get to that in a future post on the IVF process. As of February 19, 2015, Thailand is closed to foreigners.
http://www.bbc.com/news/world-asia-31546717
Canada
Only altruistic surrogacy is allowed in Canada. It is also against the law to contract an agency or advertise to arrange a surrogacy. While agencies still operate, they are heavily scrutinized. In Quebec province, by law, surrogacy contracts are unenforceable.
http://www.hc-sc.gc.ca/dhp-mps/brgtherap/legislation/reprod/surrogacy-substitution-eng.php
Cambodia
After India, Thailand, and Nepal restricted commercial surrogacy, surrogacy agencies fled to Cambodia where there are no laws directly related to surrogacy. However, government officials are not happy with this outcome and have threatened to prosecute international intended parents on charges of human trafficking. Clearly when heading into such a deeply personal journey such as parenthood and surrogacy, one would want clear laws and a proven history of positive outcomes.
http://www.phnompenhpost.com/post-weekend/billion-dollar-babies
Australia
Only altruistic surrogacy is lawful and only in some states. Some draconian Australian states go so far as to ban Australia citizens from pursuing surrogacy abroad!
https://www.betterhealth.vic.gov.au/health/healthyliving/surrogacy
****************************************
Given all of these new restrictions, we chose to pursue surrogacy in the good ol' U. S. of A. The US really is the best when it comes to surrogacy options, although not all states are equally as good, as we'll discuss in a different post.
So why list all of these countries here when I could have just provided a link to the wikipedia page? This list represents the information we have available now, while we are considering where to pursue our surrogacy. And given the fluid legal environment and seemingly rapidly closing doors, we have to pursue surrogacy now, or perhaps we'll never have the opportunity.
Next week we'll start our series on surrogacy agencies!
The answer to that would have been more complicated just 18 months ago, but in a short period of time, and after a few international scandals, most LGBT "friendly" countries have banned commercial surrogacy.
A quick aside - commercial surrogacy refers to a surrogacy in which the surrogate is paid above and beyond the direct costs related to the pregnancy. Alternatively, when a surrogate is only compensated for the direct costs, it is considered an altruistic surrogacy. Due to the risks and invasiveness of pregnancy and surrogacy, usually only family members agree to be an altruistic surrogate.
So what has happened abroad?
India
India banned non-Indian citizens, including those of Indian heritage holding what is called an Overseas Citizen of India card, from participating in commercial surrogacy as of November 4, 2015. It is possible that if India recognizes LGBT marriages and allows OCI card holders to contract commercial surrogacy services, we could still go to India to have our children.
http://www.theguardian.com/world/2016/jan/03/india-surrogate-embryo-ban-hardship-gujarat-fertility-clinic
Mexico
The Mexican state of Tabasco had allowed commercial surrogacy for some number of years, but after a string of scandals involving agencies scamming Intended Parents and even surrogates out of their money, the state quickly passed a revision to the law banning all foreigners from contracting commercial surrogacy. As of January 14, 2016, commercial surrogacy for foreigners and even Mexican gay male couples is now banned.
http://www.theguardian.com/world/2015/dec/15/mexico-tabasco-state-surrogacy-gay-men-foreign-couples
Nepal
On August 25, 2015, commercial surrogacy was banned in Nepal.
http://nepal.usembassy.gov/service/surrogacy-in-nepal.html
Thailand
After the infamous baby Gammy case of an Australian couple leaving one of their twins, who has down syndrome, in Thailand, Thailand quickly banned commercial surrogacy to foreigners. This case is particularly infuriating because an IVF clinic can easily test for Down syndrome prior to the embryo being implanted, but we'll get to that in a future post on the IVF process. As of February 19, 2015, Thailand is closed to foreigners.
http://www.bbc.com/news/world-asia-31546717
Canada
Only altruistic surrogacy is allowed in Canada. It is also against the law to contract an agency or advertise to arrange a surrogacy. While agencies still operate, they are heavily scrutinized. In Quebec province, by law, surrogacy contracts are unenforceable.
http://www.hc-sc.gc.ca/dhp-mps/brgtherap/legislation/reprod/surrogacy-substitution-eng.php
Cambodia
After India, Thailand, and Nepal restricted commercial surrogacy, surrogacy agencies fled to Cambodia where there are no laws directly related to surrogacy. However, government officials are not happy with this outcome and have threatened to prosecute international intended parents on charges of human trafficking. Clearly when heading into such a deeply personal journey such as parenthood and surrogacy, one would want clear laws and a proven history of positive outcomes.
http://www.phnompenhpost.com/post-weekend/billion-dollar-babies
Australia
Only altruistic surrogacy is lawful and only in some states. Some draconian Australian states go so far as to ban Australia citizens from pursuing surrogacy abroad!
https://www.betterhealth.vic.gov.au/health/healthyliving/surrogacy
****************************************
Given all of these new restrictions, we chose to pursue surrogacy in the good ol' U. S. of A. The US really is the best when it comes to surrogacy options, although not all states are equally as good, as we'll discuss in a different post.
So why list all of these countries here when I could have just provided a link to the wikipedia page? This list represents the information we have available now, while we are considering where to pursue our surrogacy. And given the fluid legal environment and seemingly rapidly closing doors, we have to pursue surrogacy now, or perhaps we'll never have the opportunity.
Next week we'll start our series on surrogacy agencies!
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