[USA] - International Newborn Twin Insurance - New Policy for Surrogacy

Those of use who have done surrogacy in the USA know that the most expensive part of the journey for non-US citizens is obtaining Newborn Insurance. This has been a particular problem for those people who are having twins.  Unfortunately, newborn insurance in the USA is expensive and will likely remain so, but at least now there is a plan that can cover you - at a price.  However, considering the potential cost for a twin pregnancy that is premature, this is a very real and useful option.

For more information, visit NewLife Agency Inc.

[Source: NewLife Agency Inc]

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[Australia] – Two Dads: Gay Male Parenting and its Politicisation — A Cooperative Inquiry Action Research Study – by Jason Tuazon-McCheyne – Volume 31 Issue 4

Jason Tuazon-McCheyne

Jason Tuazon-McCheyne, who is one of the best known Surro-Dads in Australia, has just had his paper “Two Dads: Gay Male Parenting and its Politicisation — A Cooperative Inquiry Action Research Study” published in the  Australian and New Zealand Journal of Family Therapy (ANZJFT).  The abstract follows and a copy of the paper is attached.  This is a very interesting read and represents one of the very few pieces of academic studies done in Australia in to gay male parents (via surrogacy).  Well done Jason, I know what an amazing amount of work went into this paper.

Australian gay men have only recently become parents through surrogacy arrangements. They have had to overcome a discriminatory legal, social, political, cultural and financial environment. A cooperative inquiry action research group was formed, with seven two-father families conceived via surrogacy, to explore their journey to parenthood and their consequent politicisation as gay fathers. This article reveals how that experience of the cooperative inquiry process strengthened their resolve to be intentionally ‘out’ in their communities to overcome discriminatory and conservative social attitudes. They embraced the political reality of their parenting and were stimulated to create improved support structures for themselves and future parents. This transformed the legal, social, political and cultural environment for their families. 

[Source: Two Dads: Gay Male Parenting and its Politicisation — A Cooperative Inquiry Action Research Study - By Jason Tuazon-McCheyne] 
Download Paper

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[United Kingdom] - The Telegraph - "Britain's first gay surrogate parents to open surrogacy centre for same-sex couples" by Laura Roberts

Britain's first gay surrogate parents are planning to set up a surrogacy centre that caters to the needs of same-sex couples.

Tony and Barrie Drewitt-Barlow, from Danbury in Essex will open The British Surrogacy Centre in February 2011.

Describing it as "a centre for all things surrogacy" which provides information for same-sex parents it will be based in Essex but have an office in California. The couple will help match surrogates and egg donors in the US with couples from the UK and Europe.

The Drewitt-Barlow's have five children which were all conceived using surrogates. In 1999 they made history when they travelled to the US and used donated eggs and a surrogate mother to become fathers to twins Aspen and Saffron, now ten. Since then they have added Orlando, seven, and Dallas and Jasper, ten month-old twins, to the family. Barrie Drewitt-Barlow said Elton John and David Furnish's decision to use a surrogate would "help the gay parenting cause greatly".

[Source: Original Article]

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[United Kingdom] - Huffington Post - "Elton John, David Furnish Have Son Via Surrogate"

Finally, Elton John can call himself a father.

The pop rock superstar and his long-time husband, David Furnish, announced to Us Weekly that they have had a child via a surrogate mother in California. Their son, named Zachary Jackson Levon Furnish-John, was born on Christmas day, and weighed seven pounds and 15 ounces.

"We are overwhelmed with happiness and joy at this very special moment," the new fathers told the magazine. "Zachary is healthy and doing really well, and we are very proud and happy parents."

It's been a long road for John and Furnish in their quest to be fathers; in 2009, they were denied the right to adopt an HIV-positive toddler from the Ukraine, due to John's age and the country's lack of recognition of civil unions rendering him single by their laws.

John said that he still planned to support the child and his brother financially, and now has a son of his own, too. And one with the name Levon, one of John's many well-known songs.

[Source: Original Article]

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Tasmanian Government - "Consultation on Bill to Legalise Surrogacy"

 

Attorney-General Lara Giddings today released for public comment draft legislation to legalise altruistic surrogacy in Tasmania.

Ms Giddings said the Surrogacy Bill, which she aimed to introduce in the first sitting of State Parliament next year, would legalise surrogacy in certain defined circumstances.

“This legislation would help many Tasmanians to realise their dream of starting a family,” Ms Giddings said.

“I recognise that this is a complex and contentious area and that is why I intend to allow time for the community to comment on the draft legislation.

“For some people surrogacy may be the only way in which they are able to have children and I am pleased the proposed legislation would help them to become parents.

“Currently surrogacy arrangements are illegal in Tasmania and commercial surrogacy would continue to be banned.

“The Bill would permit all people, regardless of their marital status or sexual orientation, to enter into a surrogacy arrangement but a surrogate mother will only be able to accept medical and other related expenses.

“It would also impose conditions on parties entering into surrogacy arrangements, and will include requirements to undergo counselling and to obtain independent legal advice.

“Parentage of a child would only be transferred to the new parents where it is found by the Children’s Court to be in the best interest of the child to do so.”

Ms Giddings said the drafting of the Bill followed a Legislative Council Select Committee Report supporting the move, and support for the provision of altruistic surrogacy at a national level through the Standing Committee of Attorneys-General (SCAG). 

“This legislation has been developed by SCAG after extensive community consultation at a national level.

“It would bring Tasmania into line with other jurisdictions across Australia as well as meeting the expectations of the Select Committee.

“One jurisdiction which has taken a slightly different approach to the others (and to the current draft Tasmanian Bill) is Western Australian in its Surrogacy Act 2008. 

“That Act enables a court to make parentage orders in circumstances where the consent of the birth mother is not forthcoming but the child is the genetic child of the intended parent/s and is not the genetic child of the birth mother.

"Even in that circumstance the best interests of the child remains the paramount consideration which a court must have regard to when deciding whether to make a parentage order, but I invite comments on whether this provision might be included in the Tasmanian Act.”

Ms Giddings said progress on surrogacy delivered on another major aspect of her law reform agenda.

“I said in June this year that my key law reform priorities would be progressing a Charter of Rights and Responsibilities, reforming Tasmania’s sex industry laws, introducing surrogacy laws and developing voluntary euthanasia laws.

“We are currently consulting with Tasmanians about whether we need a Charter and if so what it should look like, and I am pleased that through the draft Bill released today we are making progress on surrogacy as well.

“The other two issues will be addressed in the coming months,” Ms Giddings said.

The draft Bill, together with some explanatory material as well as links to the interstate legislation is available on Department of Justice website (http://www.justice.tas.gov.au/legislationreview/reviews). 

Copies of the Bill can be downloaded from the website or obtained from the Department by emailing legislation.development@justice.tas.gov.au or by calling 6233 3798.

Comments on Bill can be directed to the Office of Legislation Development and Review, Department of Justice, GPO Box 825, Hobart. Submissions close on Friday 4 February 2011.

[Source: Original Article]

 

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Hindustan Times - “Surrogacy not for married couples only: Draft law” by Satya Prakash

Good news for Aussie gay guys about the new draft bill before the Indian Parliament.  It doesn’t appear that the new law would exclude gay men from using surrogacy in India.

Single men, women and even gays and lesbians could soon get the legal sanction to have children using surrogate mothers.

The draft Bill legalising surrogacy in India — the Assisted Reproductive Technology (ART) [Regulation] Bill 2010 — has provided for single parenthood by allowing “unmarried couples” and “single persons” from India and abroad to have children using ART procedure and surrogate mothers.
The Bill, with potential to rewrite the social landscape, may be tabled in the monsoon session of Parliament if the Union Cabinet clears it. By conferring the right to have children on unmarried couples and single persons, the Bill attempts to achieve several historic feats — legalising commercial surrogacy, single parenthood, live-in relationships and entitling even gays and lesbians to start families using surrogate mothers — at one go.
“Along with the term single persons, the path is open for gays and lesbians to use ART procedure,” said senior advocate Rajiv Dhavan, who played a crucial role in drafting the Bill along with his colleagues at Public Interest Legal Support and Research Centre. “The expression ‘unmarried couples’ generally suggests heterosexual relationships. But its interpretation has been left open.”

By conferring the right to have children on unmarried couples and single persons, the Bill attempts to achieve several historic feats — legalising commercial surrogacy, single parenthood, live-in relationships and entitling even gays and lesbians to start families using surrogate mothers — at one go.

Asked if such a legislation would conform to traditional Indian values, Dhavan said, “This Bill does not provoke a moral attack on the institution of family. Married persons will mostly use it. But the option to create family will also be available to all others.”
Renting of womb is legal in India but there is no law to regulate surrogacy.

A 2009 Law Commission report had described ART industry as “a Rs 25,000-crore pot of gold”. “Wombs in India are on rent which translates into babies for foreigners and dollars for Indian surrogate mothers,” the report had stated.

The commission had recommended legalising only altruistic surrogacy arrangements and not commercial ones. But the draft Bill legalises commercial surrogacy as well.

Clause 34(3) of the draft Bill specifically says that apart from all expenses involved, “the  surrogate mother may also receive monetary compensation from the couple or individual, as the case may be, for agreeing to act as such surrogate.”
She will have to relinquish all parental rights over the child in favour of commissioning parent/s. Only a woman in the age-group of 21-35 can become a surrogate mother but she can not bear more than five children including her own.

In view of the recent controversy involving a German couple’s child born to a surrogate mother in India, the Bill makes it mandatory for foreigners to submit certificates on their country’s policy on surrogacy and that the child born to an Indian surrogate mother will get entry into the commissioning parent/s’ country.

The Bill proposes to set up a mechanism to regulate and supervise surrogacy in India.

[Source: Original Article]

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Gay Dads through Surrogacy – Blog Collection

There is a growing collection of blogs out there from Australia and around the world of Gay Dads and Dads to be charting their surrogacy journey.  Each of them provide helpful information and tell a wonderful story full of love and commitment.  Below is a selection of the ones that I am aware of.

• Gay Dads Australia – Australia - This blog is run by Gay Dads Australia and provide lots of information on Surrogacy together with an extensive media archive relating to all things Australian and GLBTI parenting.
• From India With Love….  - Australia - This is a blog by Johnny and Darren “Just your happily 'unmarried' couple who this year celebrate 13 years together. We live in the picturesque Blue Mountains, west of Sydney in NSW Australia & have become parents via commercial surrogacy in India. This is our story...”
• Orea-Zoi – Australia - George K’s blog about his surrogacy journey and his twins Electra and Eros “Lives life to the fullest, consumed by the world around him, delights in his family and friends........ OH! and has just became a DAD! ...... TWINS!” 
• Lucas – Australia - “Single man, though not by choice, but I just have extremely high standards. Have wanted kids for nearly 13 years, so now's the time to stop making excuses and bite the bullet. If I'm going to wait for Mr Right, then considering my past experience, I'll always be waiting for a very long time. Will it be easy? Hell no! Fun? Mostly! Fulfilling? Always! If you wanna get to know me better, drop me a line and say hi”.
• Our Surrogacy Story – Australia - Will and Michael  “have been in a committed relationship for nine years. We are now attempting to have a child through surrogacy to complete our family”.
• Fatherhood: Life with Addison – USA - Greg and Rob’s blog on their Indian Surrogacy journey. ”We are two guys who had a precious baby girl born via Surrogacy India. This is our Story...”
• Looking for Baby… – USA - Doug and Bill’s Egg-cellent Adventure into Surrogacy. "My partner, Bill, and I live in Hawaii and have been together since February 1996. This is a blog of our journey to become parents”.
• Becoming Dads – Canada - Todd (Canadian) and Matt (Aussie) blog - “A gay couple consider expanding their non-traditional family; anyway but the olde fashioned way”.
• Stalking the Stork – USA - Jason and Adrian blog. “We're a Spanish-American binational gay couple living in Los Angeles and exploring becoming dads via surrogacy in India”.
• Christmas Eve Boys – Terry and Steve from the US charting their journey.
• Here we go again – Europe - Robert and Fredrik’s blog on their journey to become parents through surrogacy in India.
• John and Steve are Having a Baby – John and Steve’s blog on their journey. “We’re really just two strapping, young (shut up) homosexuals who are at the stage in our relationship where having a child just seems…well right”.
• The Allton Nee Three – UK/HK - Adam and Michael blog “Well this is our blog! We have been together 11 years and just embarked upon our first surrogacy attempt. We decided to use Thailand for our surrogacy and hopefully 2010 will be our year! We live and work in Hong Kong but are from the UK. We are updating this blog regularly and hoping for good news soon!!”
• Chiang-Cruise – Australia - Jeff and Rodney Chiang-Cruise’s blog on their family and all things GLBTI parenting in Australia.
• BT JR – The Becoming Tour – Australia – Chronicles of Geoff & Naigel’s Adventure to Become Parents.
• Introspective – Australia – Michael “shares his life with a loving man, beautiful twin girls, 2 dogs and 2 rainbow lorikeets”.
• 2 Dads and a Baby – Australia – Paul and Chris “Follow us on our journey to becoming a family”.
• 2 Dad Family – Australia – Two guys in Melbourne and the “ragdoll cat Frankie” on the surrogacy journey.

If you know of any more (I am sure there are many, many others please share them.

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VARTA – Victorian Altruistic Surrogacy Forum – 8 September 2010

The Victorian Assisted Reproductive Treatment Authority (VARTA) is holding a "Twilight" Seminar on the topic of "SURROGACY IN VICTORIA" on 8 September 2010.  It will be very useful for any single or gay couples thinking about doing Altruistic Surrogacy in Victoria. VARTA are keen to get gay men interested in surrogacy in Victoria to attend, so don't be shy!. Details are as follows:

Twilight Seminar 2: Surrogacy in Victoria – Issues to Consider.

The next seminar in the Authority’s Twilight Seminar Series focuses on Surrogacy in Victoria – Issues to Consider and will be held on Wednesday 8 September 2010 from 5.30pm at Russell Kennedy in La Trobe Street, Melbourne.

It promises to be an interesting and informative evening. We will hear about the surrogacy journey from two different personal perspectives and an experienced family lawyer will discuss the legal implications of pursuing surrogacy in Victoria. The psychological aspects of surrogacy including essential ingredients for success and pitfalls to avoid will also be presented.

More information about the seminar including a registration form is available on the Authority’s website at www.varta.org.au.

I think the forms are not yet up on the website, but I am sure you can register if you give them a call.

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MCV - "Gay dads seek surrogacy rights" by Rachel Cook

A proposal that seeks to align state and federal surrogacy laws has been released for public consultation and submissions.

The paper titled, A Proposal for a National Model to harmonise regulation of Surrogacy was released by the National Standing Committee of Attorney Generals (SCAG) and the ministerial councils for Community Services and Health. GLBT activists have welcomed the move.

Corey Irlam, spokesperson for the Australian Coalition for Equality told MCV:

“We are cautiously optimistic that this provides an opportunity for the states to become equal and to update their laws to access surrogacy.

“Surrogacy is a state-based issue and the federal government has said they will acknowledge any state based surrogacy laws,” Irlam said.

The paper makes several recommendations that would benefit same-sex and heterosexual couples.

If the recommendations were successful, both partners in a gay male couple would be recognised as parents of the child.

Currently in Victoria, the non-biological partner in a gay couple is not seen as a legal parent.

“Without the ability for the non-biological parent to adopt as a second parent, gay men who are entering into a surrogacy arrangement will be unable to both be seen as the legal parents of the child,” Irlam said.

“The Victorian Law Reform Commission recommended that adoption would be addressed and the government have not acted upon this.”

Currently, the non-biological parent in a gay male couple has to apply for a parenting order from the Family Court to have any legal parenting rights.

Co-moderator of Gay Dads Australia Rodney Cruise told MCV parenting orders give non-biological fathers most of the rights as a parent.

“He can apply for a passport for the child, enrol the child in school and make medical decisions. It’s still not a full parent situation, but it’s the closest thing we have in Victoria.”

Cruise said lesbian couples have long been accessing parenting orders and gay men are following in their footsteps.

“Gay dads are exercising the same process and have had success, there has been no problems getting them.”

However, Cruise warned that obtaining a parenting order is an expensive course of action.

“It involves lawyers and that can be a costly process, whereas the Holy Grail for gay dads is what’s called second parent adoption, which would allow the non-biological father to adopt their partner’s biological child and become a full parent.

“With second parent adoption you are a parent for life, unlike a parenting order which only lasts till the child is 18. So this impacts on inheritance and other issues too.”

In December 2008 the Assisted Reproductive Treatment (ART) Bill narrowly passed. Part of the legislative reform will secure the non-biological parent in a lesbian couple to now be recognised as a legal parent.

“There was a recognition that we had to get lesbian families over the line first,” Cruise said.

“Without that parliament would not have considered two men as parents.

“The next logical step is for the community and government to get their head around gay males.”

Federal Attorney-General Robert McClellend said the laws should make it easier for surrogacy couples.

“The differing laws on this complex and sensitive issue often force prospective parents to enter another Australian state or territory to have surrogate children.” McClellend said.

[Link: Original Article]

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The Age - "Warning to couples on Indian surrogacy laws" by Matt Wade

LAWYERS and doctors involved in India's giant fertility industry have warned couples hoping to pursue surrogacy in India that the process is risky because there is no comprehensive law covering the practice.

While surrogacy is legal in India, it is regulated only by guidelines issued by the Indian Council of Medical Research, and many industry participants say these guidelines have been left behind by the rapidly expanding surrogacy industry.

The Age reported on Saturday that about 30 Australian couples were pursuing surrogacy in India. A new Indian surrogacy law is being drafted but those involved say it may not be passed for some time.

Priya Hingorani, a prominent Delhi lawyer who is part of a ministerial committee reviewing the proposed laws, says the absence of a law means couples wanting to use surrogates in India might be vulnerable.

"They are taking a risk because some of the documents that they sign ensuring that the mother will hand over the child might not be deemed legal by the courts," Ms Hingorani said. "They need to be very careful."

She cites the case of a Canadian couple who paid for an Indian surrogate but the mother refused to give up the child after the birth. The case is now before a Delhi court.

Anand Kumar, who runs a fertility clinic and is a member of the expert committee drafting the new law, said tighter regulations were urgently needed.

"It's a bit of a free-for-all at the moment and everyone seems to be doing what they wish," Dr Kumar said.

"There is a possibility of new technologies being misused and there is cause for concern." He could not say when the proposed law would be passed.

Many women's groups in India have expressed concern about the surrogacy system, saying it leaves mothers and babies vulnerable to exploitation.

Ms Hingorani said it was possible the new law could introduce restrictions that might affect foreigners hoping to use surrogate mothers in India.

"I think it is going to be more difficult (after the law is passed)," she said.

India's booming surrogacy industry is estimated to be worth more than $500 million a year.

According to the National Commission for Women, there are about 3000 clinics offering surrogacy services across India.

There were cases where surrogate mothers received as little as 25,000 rupees ($A780), the commission said.

Some of the potential complications associated with international surrogacy were highlighted last year by the case of Baby Manji, a child born to an Indian surrogate mother hired by a Japanese couple.

The couple divorced during the pregnancy and a subsequent legal wrangle left the baby in limbo for more than a month. An Indian court eventually granted custody to the child's 74-year-old grandmother.

In Australia, the Standing Committee of Attorneys-General is reviewing surrogacy regulations, including the issue of Australian couples pursuing surrogacy in developing countries such as India.

[Link: Original Article]

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Sydney Morning Herald - "Surrogates told to pay support" by Deidre Mussen

THE Australian Government is demanding a New Zealand surrogate mother pay child support for the baby she had for two gay Queensland men, amid accusations she abandoned it.

Her case has raised fears of financial clawbacks for other New Zealand surrogates, including an Auckland woman who is eight-months pregnant with a son to another gay Australian couple.

"She's told the couple they have to sort it out as there's no way she's paying," said the second surrogate, who declined to be named.

"The deal with them is 'You guys sort out the legal stuff and the financial stuff.' I hope this doesn't happen to me but the boys will sort it out. It gets complicated with the guy thing."

It is understood the one-year-old surrogate baby girl is being raised by the baby's biological father and his male partner in Queensland, who are her legal guardians. They gained child support benefits for the father to stay home and care for her, as new parents are entitled to. However, authorities asked the surrogate to contribute, which she refused to do.

Unlike in New Zealand, surrogacy is illegal in Queensland and many parts of Australia.

Australian funding agencies Centrelink and the Child Support Agency confirmed they were likely to seek maintenance payments from a birth mother in New Zealand if the Australian birth father claimed benefits as a sole parent caring for their baby.

Family law expert Professor Mark Henaghan, dean of law at Otago University, said surrogates could be forced to pay child support on either side of the Tasman if their babies were not adopted and the intended parents claimed benefits. Gay male couples were unable to adopt in New Zealand and in most of Australia, which meant the surrogate mother's name remained on birth certificates and prevented her signing away legal rights to the child, he said. Guardianship was insufficient to remove the birth mother's legal duties.

"You can't contract out of child support," Professor Henaghan said.

"It's a blanket rule. The circumstances are irrelevant. If you are a parent, unless someone adopts a child, you are the legal parent."

According to the co-owner of the nz-surrogacy.com website, Amanda MacLeod, adoption occurred in about half the surrogacies in New Zealand and guardianship arrangements covered the rest. "As if surrogacy isn't hard enough, the only choice you've got as a gay couple is to have surrogacy. There's only one sort of box you have to fit into," she said.

Under New Zealand's 1955 Adoption Act, only married and single people are allowed to adopt. A single person can adopt regardless of sexual orientation but a single man is banned from adopting a girl unless under specific circumstances.

Professor Henaghan, a member of an adoption reform group which has lobbied for same-sex adoption and other adoption law changes, knew of only one case of a single gay man adopting a child in New Zealand and none trying to adopt a surrogate child. The act appeared to allow gay men to adopt a surrogate child, he said.

In September 2007, the New Zealand Family Court allowed an uncle to adopt his two-year-old nephew, whom he had raised since birth. At the time, the judge said it was the first case of a gay single man adopting.

[Link: Original Article]

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Sydney Morning Herald - "National surrogacy scheme moves forward" by AAP

A move to harmonise state and commonwealth surrogate parenting laws is a step closer with the release of a national proposal for public consultation.

The national Standing Committee of Attorneys General (SCAG) and the ministerial councils for Community Services and Health released a paper on Sunday calling for submissions on national surrogacy regulation.

The paper, A proposal for a National Model to Harmonise Regulation of Surrogacy, makes a number of recommendations that would aid hetero and same-sex couples.

People who use a surrogate mother would be able to apply for legal recognition as the child's parents and the differing state laws that affect same-sex surrogacy would be addressed.

Other regulations under review would include paying a surrogate mother's medical costs, financial losses during and other expenses during pregnancy.

But commercial surrogacy would remain illegal in Australia, the paper recommends.

Other topics proposed include counselling and legal advice for all parties involved and if advertising would be allowed by couples, surrogate mothers and clinics involved in surrogacy.

Federal Attorney-General Robert McClelland said the laws should makes it easier for surrogacy couples.

"The differing laws on this complex and sensitive issue often force prospective parents to enter another Australian state or territory to have surrogate children," Mr McClelland said in a statement.

States and territories launched their own reviews last year with the intent of moving to a national regime.

NSW Attorney-General John Hatzistergos said couples with surrogate children had faced challenges with accomplishing a number of basic processes related to a child's upbringing.

"Laws in some jurisdictions make it difficult for parents to obtain a passport or a school enrolment for children born through surrogacy," Mr Hatzistergos said in a statement.

NSW Opposition Leader Barry O'Farrell supports a national regime but said the best home environment for children is with a mother and a father.

"I think all those issues need to be the subject of the inquiry (and) need to be the subject of community debate," M O'Farrell told reporters in Sydney.

"But my view remains that children are best brought up in heterosexual households.

People interested in reviewing the paper can visit www.scag.org.au and click on "Current consultations".

Information about how to make a submission is contained on page two of the document.

The deadline to make a submission is April 16.

A copy of the Paper (A PROPOSAL FOR A NATIONAL MODEL TO HARMONISE REGULATION OF SURROGACY - January 2009) can be found here.

[Link: Original Article]

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The Sunday Mail - "Suggorate mums could be paid $10,000 cash under radical changes to laws" by Linda Silmalis and Kay Dibben

MOTHERS could be paid up to $10,000 to give birth to another woman's child under radical changes to controversial surrogacy laws.

Commercial surrogacy is illegal but state governments will consider allowing women to be reimbursed by parents for the medical costs, and up to two months' loss of earnings.

The man behind the proposal, NSW Attorney-General John Hatzistergos, said existing laws made it difficult for parents to get a passport for surrogate children, or to enrol them in school, The Sunday Mail reports.

"If the national model is adopted, courts could grant a parentage order to a couple if it was in the best interests of the child, and the surrogate mother had given her informed consent," he said.

A discussion paper, prepared by the Standing Committee of Attorneys-General, will be released today in a bid to introduce a uniform law.

It questions whether a same-sex couple could become the legal parents of a child, and whether surrogate mothers must be over 25 years of age and have previously given birth.

It also will consider whether intending parents must have a criminal background check.

Other potential changes include having the names of the intended parents on a second birth certificate.

The original birth certificate would still exist, and the child would be entitled to both records at a certain age.

Courts would be given the final say on whether a couple should be granted the legal right to be a child's parents.

In Queensland, altruistic surrogacy – where a woman bears a child for a couple without receiving payment – could be decriminalised this year.

A parliamentary committee in October recommended that surrogacy not involving payments or gifts be made legal.

If the State Government adopts its recommendations, an independent surrogacy review panel, including medical and legal experts, will be appointed to approve applications.

Committee chairwoman Linda Lavarch said couples were being driven overseas and families were being turned into criminals under the existing law.

[Link: Original Article]

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MCV - "2008: Year of Recognising Love" by Corey Irlam

2008 was a historic year for the LGBTI community in Victoria. It was the year that the government recognised our love.

The government recognised our loving relationships through a state relationships register, a registration that will automatically be recognised by the 85 laws altered by the federal government to bring same-sex de facto relationships equal with heterosexuals’.

There is no more needing to prove interdependency through joint financial statements or photo albums: Victorians can now simply declare their relationship on the register and show their registration certificate as proof of their relationship.

Now, many will say this isn’t a major achievement, because it’s not equal to marriage laws. But relationship registers or civil unions are not designed to be a marriage substitute. They’re different and provide a choice of relationship recognition to both same-sex and opposite-sex couples.

We would call on the government to make changes soon to allow one partner to live outside the state. They should also automatically recognise a relationship created in the ACT, Tasmania or even the UK. But these small changes shouldn’t diminish the excitement many couples will feel knowing they have a way to formalise their relationship.

Perhaps the largest reforms in Victoria this year were that of equal parenting laws. Nationally, the government recognised both mummies as parents of their children.

In Victoria, changes to laws regulating artificial reproductive treatments were altered to allow single women and lesbian couples to have children through IVF. Laws also recognise two dads who enter into an altruistic surrogacy arrangement.

The government has yet to indicate what it will do regarding adoption laws, but hopefully they will take similar steps towards equality.

The changing of these laws will have long, lasting effects in Victoria. The equal treatment in law is often the first step to the equal treatment in society. So let’s celebrate our love, knowing that the government does, too. Maybe one day soon, society will as well.

Corey Irlam is spokesperson for the Australian Coalition for Equality.


[Link: Original Article ]

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Geelong Advertisers - "EDITORIAL: Rights of the child get legal backing"

THERE will no doubt be howls of protest from the traditionalists and church groups but new legislation in Victoria has finally given some certainty to families of same-sex couples.
Ostensibly, the legislation  has granted single women and lesbians increased access to IVF technology but the essence of the Bill is to provide rights for the child.

It recognises the non-biological mother and father of a surrogate child as the legal parents and recognises the female partner of a woman as the joint parent of a child.

The fact that both members of a lesbian couple have now full legal rights is a major step forward. Before the Bill, only the natural birth mother had legal rights. Therefore the other partner in the relationship had no rights in which to help the child should the natural mother die.  The child could not be included on her passport, could not be the beneficiary of  her  will, and the partner could not be privy to vital medical information.

The changes have been a long time coming. The legislation rewrites  20-year-old laws which  were in danger of becoming redundant in today's society and brings Victoria into line with other states.

Two weeks ago Federal Parliament  passed new laws giving gay and lesbian couples many of the same rights as their heterosexual counterparts.

Under the new laws, same-sex couples now have access to the same services as opposite-sex couples living together in "de facto''  relationships.

Gays and lesbians will be allowed to get family benefits under the state-run health care program and to leave their retirement benefits to their partners if they die. The changes also confer parental rights on gay and lesbian couples with children.

While the laws give same-sex partners many of the same rights and protections as married couples, they stop short of allowing gays and lesbians to wed under the Marriage Act, which was redrawn by the Howard Government to define marriage as between a man and a  woman.

Society has changed drastically in the past 20 years.

Public opinion is changing and the numbers of same sex marriages are on the rise. In Australia same sex marriages represent 0.6 per cent of all marriages. The number is far higher for relationships outside marriage.

In June last year,  in a Galaxy poll  of 1100 Australians aged 16 and over, 71 per cent  agreed  same-sex partners should have the same legal rights as de-facto heterosexual couples.  Similarly, 57 per cent  of respondents supported same-sex marriage.  Those figures show  a 20 per cent  jump in support since 2004.

Last week's Assisted Reproductive Treatment Bill is not a harbinger  of doom. It's really a contemporary piece of legislation which accurately reflects  the society in which we live.

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ABC News - "Mixed Response to Victoria's IVF Law Changes" by Simon Lauder

Lesbian couples and single women will soon be able to have babies using IVF treatment in Victoria, but some women and doctors say the new laws themselves are discriminatory because they include mandatory criminal background checks for prospective mothers.

There was celebration in the Upper House of Victoria's Parliament as the votes were counted last night.

The Lower House gave the Government's Assisted Reproductive Treatment Bill the final tick of approval soon after.

It means Mikaela Olijnyk and Naomi Paton can now have the family they've planned together.

"One of us has medical infertility and the other doesn't and we're both wanting to carry a child with two children related through the same donor in a way that would allow our family to be related to each other," Ms Olijnyk said.

"We fly to Perth on Wednesday to meet with a potential donor and start the negotiations," Ms Paton said.

Under the old laws, single women and lesbians had to be clinically infertile to receive IVF treatment in Victoria and even then they weren't allowed to use donor sperm from a clinic.

Natasha and Melissa had to go to great lengths to conceive their son Caius.

"We had to travel interstate every month to track ovulation and travel interstate every month in order to access donor sperm. We couldn't have access to any medical assistance at all in Victoria because I'm not infertile," Natasha said.

"I felt like we weren't considered good enough to have children, that our family is not recognised and not valued because we're not straight."

Victoria's Attorney-General Rob Hulls says the states laws are no longer in breach of the Federal Sex Discrimination Act.

"There are kids that are being born to all sorts of arrangements and they don't have appropriate legal protections and so this legislation ensures that children - regardless of the arrangements under which they've been born - are protected," he said.

"This legislation was always about kids and ensuring that children born into same sex families or as a result of surrogacy arrangements are not discriminated against."

Background checks

There is a condition in the new laws which is proving controversial - mandatory criminal background checks. The medical director of Ballarat IVF, Dr Russell Dalton, says that will delay fertility treatment in some urgent cases.

"If we have to wait for the processing of police checks prior to undertaking fertility treatment for a person who for example has breast cancer at the age of 28 and is embarking upon invasive and aggressive chemotherapy, that person is going to be significantly disadvantaged. There's no doubt about that," Dr Dalton said.

Ms Paton doesn't think she should have to pass a criminal check to get access to fertility treatment.

"We don't need the police to tell us whether we're suitable to be parents. I think it's actually quite insulting," she said.

Mr Hulls says the requirement is meant to protect children and it's not discriminatory.

"We believe we have a responsibility to kids that are born of these arrangements and as a result we believe that police checks are appropriate," Mr Hulls said.

"We don't believe it will cause any inconvenience and it will ensure that any possible, unacceptable risk of harm at least can be addressed through police checks."

Some women aren't concerned about the background checks, including Vicky who has already become a mother through IVF.

"It can't be any more invasive than the vaginal probes that you have to have every second day for scanning," she said.

Based on a report by Simon Lauder for The World Today on December 5.


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The West Australian - "New VIC Law Allow Gays to 'Commission' Surrogate Children" - by - AAP

Gay men will be able to commission a baby via a surrogate mother under new Victorian laws that have angered the Christian lobby.

The landmark laws, passed in State Parliament late on Thursday, legalise surrogacy and give lesbians and single women access to fertility treatment, including IVF.

The Australian Christian Lobby has denounced the legislation as “social engineering” and says it will enable gay men to “order” a surrogate baby on demand.

“It steps outside the natural family, two men can’t (physically) have a baby,” lobby spokesman Rob Ward said.

“The wishes of homosexuals to have children should not be placed above the inalienable rights of children to start out in life with a mother and a father.”

The new laws eradicate the need for surrogate couples to travel interstate for IVF.

Previously, women had to be infertile to qualify for fertility treatment, ruling out surrogate mothers and most single and lesbian women.

The legislation also gives gay partners and parents of surrogate children legal parenting rights and allows women to conceive using the sperm of their dead partners.

Rainbow Families spokeswoman Felicity Marlowe said the notion that mums and dads made better parents was outdated and false.

“We would say that parenting and the ability to be a loving, nurturing and caring parent has no link to gender or sexuality, just as family structure doesn’t have a link to the (parenting) outcome,” she told AAP.

Ms Marlowe has three children with her partner Sarah Marlowe. Each was conceived with sperm from the same donor.

Both women were able to access IVF because they have fertility problems, otherwise they would have had to fly across the border for treatment, Felicity Marlowe said.

She said the new laws meant both women could now be recognised on their children’s birth certificates, giving them legal status as parents.

“One of the big advantages of this law change is the social recognition that comes along via law reform like this.

“What we would say is this law reform is just catching up with social attitudes that have already changed a lot...acknowledging our family makes a huge emotional and social difference to our children.”

Victorian Premier John Brumby said the legislation, which was subject to a conscience vote, was about respecting diversity of families and not passing judgment.

“It’s about respecting that there are different types of families in our society,” he said.

“It’s government in a sense getting out of the way of individuals and families - letting them make judgments without us passing judgment on what we think is right or wrong, and putting the interests of children at the forefront.”


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Sydney Morning Herald - "Fertility Bill Shows Respect: Brumby" by AAP

Landmark legislation giving lesbians and single women access to fertility treatment is about respecting diversity of families and not passing judgment, Victorian Premier John Brumby says.

Speaking a day after the upper house passed the controversial Assisted Reproductive Treatment (ART) bill, Mr Brumby said the laws were a positive step and praised MPs for conducting a respectful debate.

"It's about respecting that there are different types of families in our society and that the interests of children are paramount and that's what the legislation gives effect to," Mr Brumby said on Friday.

"It's government in a sense getting out of the way of individuals and families - letting them make judgments without us passing judgment on what we think is right or wrong, and putting the interests of children at the forefront."

The Victorian upper house narrowly passed the bill 20-18 on the final sitting day of parliament for the year.

It gives single and lesbian women access to fertility treatment, including IVF, and grants gay partners and parents of surrogate children legal parenting rights.

The new laws also eradicate the need for surrogate couples to travel interstate to access reproductive treatment and allow women to conceive using the sperm of their dead partners, with prior consent.

Previously women had to be infertile to qualify for reproductive treatment, ruling surrogate mothers and most single and lesbian women out.

Those seeking fertility treatment must submit to controversial police checks and have a record free of convictions for sexual or violent offences and child protection orders.

Mr Brumby defended the clause, which was hotly contested, saying while it would be inconvenient for some people it was an appropriate safeguard.

"It's an issue really about whether the support is provided to someone who potentially has previously shown that they're not capable of bringing up children, or for example, have abused children.

"It's just aiming to protect the public interest and, I think, if you had a position where a couple who had a long history of abusing children wanted to use these procedures you'd say, well is it appropriate that a couple in those circumstances should be supported by the state, supported by taxpayers in this way?

"I think the overwhelming majority of the public would say it's not appropriate."


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Herald Sun - "Gay and Single Women Win Right to Fertility Treatment" - by Nick Higginbottom

GAY and single women can have babies with fertility treatment after controversial legislation passed State Parliament.

Upper House MPs voted 20 to 18 in favour of the amended legislation at 8.30pm. The result was greeted with uproarious applause and cheers from dozens of mothers with children in the public gallery.

The amendments to the legislation then passed the Lower House just after 11pm.

Divisive elements of the Bill - that force women accessing IVF treatment to undergo police checks - were retained, despite outspoken doctors and a former judge having condemned them.

The Government was forced to introduce amendments regarding surrogacy and identity matters yesterday to curry favour with some MPs who were wavering in their support for the Bill.

Parliamentary Secretary for Justice and Labor MP Brian Tee introduced three amendments and said the Bill was all about the rights of the child.

"That's why it's a great result,'' he said.

Attorney-General Rob Hulls, who announced the legislation last December, said it was ground-breaking reform.

"It's long overdue, it modernises our laws and it ends discrimination against people who haven't been able to get access to ART (assisted reproductive technology),'' he said.

Amendments to the Bill mean:

A WOMAN who uses IVF to become a surrogate mother cannot do so for her first child, nor can she use her own eggs.

THERE will be increased counselling, particularly if something goes wrong.

A CHILD will have "donor conceived'' marked next to its name on the birth register, but not on its birth certificate


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UTSpeaks: Reproductive Minefields - Can we make laws to deal with the social and ethical complexities of surrogate pregnancies?

The UTSpeaks series presented on 29 October 2008 a talk by ANita Stuhmcke entitled "Reproductive Minefields - Can we make laws to deal with the social and ethical complexities of surrogate pregnancies?"

"Advances in reproductive technology, harnessed to powerful emotional drives for parenthood, have outpaced an inconsistent patchwork of Australian biomedical law.

The silence of NSW law on surrogate motherhood is now being addressed, but how effective will regulation be in balancing community standards with what people are prepared to do to have a child? Would a national approach be more effective?"

Anita Stuhmcke - Associate Professor Anita Stuhmcke has studied surrogacy and the laws surrounding it for more than 15 years, becoming a sought-out public commentator on the issues of using third parties to produce children. She teaches in the fields of tort and biomedical law in the UTS Faculty of Law, with a general research interest in exploring the limits of the law to accommodate social, political and economic change.

The material on this talk is available from the UTS Website

* flyer (PDF 52k)
* presentation slides (PDF 112k)
* talk (PDF 116k)
* audio recording (MP3 22.7 MB)

UTSPEAKS: is a free public lecture series presented by UTS experts discussing a range of important issues confronting contemporary Australia.

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