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Surrogacy conflicts: why do they exist?

Surrogacy is not a totally regulated field of Law. There are a lot of gaps in legislation, either in the countries, where surrogacy is allowed or banned. Referring to the surrogacy field, we need to remember that it is quite a young method of infertility treatment, for example gestational surrogacy is used from the end of 20TH century only.

Why legal frameworks of Surrogacy are uncertain?

Why it is not regulated still? Why couples face the problem when their surrogacy babies have unclear legal status and for what your own countries put these babies into “legal limbo”?

To answer these questions we need to understand what Law Regulation is in general. The system of legal rules was created in order to protect the rights and properties of the different actors of a society in which private relations of production developed and as a response to rising inequalities among the population. These inequalities arose first of all because of cultural and economic development of the society, as people had already goods, properties and models of behavior that they wanted to maintain or protect. We should remember, that any legal regulation is always based on the moral foundations of society, because people (creators of rules) always need to be sure what exactly they are going to protect. Morality is a system of principles for a person’s deeply personal attitude to the world from the point of view of his justice. And as long as society has not yet decided whether surrogacy is good or not, a noble goal or women’s exploitation or even a rebellion against God, the legal framework will not come to its balance and will continue to be uncertain.

Moral values battle

Nowadays, we are witnessing some kind of competition between governments, social and healthcare organizations in defence of the preeminence of their own moral values. And we don’t know in reality who will win in the end: will surrogacy be considered as a way of treatment, as we understand it, or will it be considered as violation of human rights? But we do know precisely that infertility problems are rapidly increasing every year and nothing can stop desperate couples who cannot have a baby to seek solutions for achieving the happiness of parenthood. We know for sure, that sometimes Surrogacy motherhood is the only one way for infertile couples to get a baby, and for Surrogate mothers to improve their financial situation.

And if God gives us an opportunity to get two happy families instead of two unhappy, and to help new people to come to our World, why do we need to doubt?

We already accept tissues and cells donation and transplantation of organs in our legal systems. During the surrogacy process, surrogate mother doesn’t lose any part of her body. We use surrogacy just because a human organism cannot be developed in other conditions than in a woman’s womb. Science has not found the way to develop a human being in another way yet. On the other hand, Surrogacy can be a morally tough process for a surrogate mother, as she usually has no legal filial rights to the child she carries. That’s why the compensation for her help is not something terrible, as usually presented in media, but it’s a kind of financial support that Intended Parents are willing to do for the Surrogate mother family for her “carry and delivery in time” services.

Delivery in time

The legal nature of Surrogacy agreement is quite interesting and have elements of a contract to supply services for payment. The Surrogate mother doesn’t sell her body or a child, as the embryo to become the future child is made in laboratory conditions from genetic material of the Intended Parents and sometimes a Donor. The Surrogate mother sells her services of “baby delivery”, the only one thing is that her delivery is not in a distance, but in a time, as she needs to create a certain conditions for baby’s development and take care of him or her during the whole pregnancy until the moment of birth.

Yellow surrogacy journalism

Certain tabloids christened companies working in the Surrogacy field as “baby factories” and Surrogate mothers as “slaves”. We have worked in the surrogacy field for many years and we cannot tell that the Surrogate mothers we work with are very poor or dying of a hunger. They all are contemporary women with their own goals and aspirations and they want to help their children to get better education or life conditions and to help infertile couple to feel the happiness of parenthood. They all have their own children and can always share their love with them after the surrogacy program ends.

Another thing is that we cannot compare a compensation for a Surrogate with a new human’s life creation. We should consider it as a financial support, a help from the Intended Parents or a reasonable compensation for her time and medical care undergone, but not for the baby. A nascent human life is something invaluable by definition.

How much does your child worth to you?

Ask any mother on the Earth, she would never give you the price tag. At the same time, we are very proud that in our daily work we are involved in the most incredible miracle on the Earth – the creation of life.

Legal basis of Children’s rights

The Convention on the Rights of the Child – recognized all over the world-, dated 20th of November, 1989, in par.2 article 2 says: “States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members”. Article 8 of the same Convention prescribes that “States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity”.

Never give up!

Despite this Convention’s existence, the term “surrogacy baby” is still used for some reason, as if it would really have some relevance in what way this baby came to our World. We still are fighting side-by-side with New Parents for their genetically related babies’ rights in the Consulates, as not every government is helpful in issuing the citizenship of the newborn babies who were born via surrogacy. Nevertheless we still believe that the situation will change, it has to change and in the mean time we keep fighting the good fight.

We want to help you to achieve the main dream of your life. Contact us today to know more about the Surrogacy programs of Pons Medical Group or book a consultation with one of our specialists totally free of charge.

Surrogacy in Australia

There are a lot of talks about legal, ethical and medical parts of Surrogacy. Our Team knows for sure that nothing can stop the Intended Parents, willing to have a child. Today we want to share with you some information related to Surrogacy in Australia, it’s law regulation inside the country and some reasons to undergo Surrogacy program overseas.

Legal regulation of Surrogacy in Australia

Legal regulation of Surrogacy in Australia varies from state to state. Nowadays all Australian states and territories (except Northern Territory, where no legislation exist) have criminalized commercial surrogacy in their jurisdictions. Furthermore, the ACT, NSW and QLD have also legislated to make it illegal for residents of those jurisdictions to enter into commercial surrogacy arrangements overseas with penalties from 100 units to three years of imprisonment. For example, in NSW according to Surrogacy Act 2010, maximum penalty for entering into commercial surrogacy agreement is 2500 penalty units, in the case of corporation, or 1000 penalty units or imprisonment of two years (or both) in any other case. According to Parentage Act 2004 in ACT, maximum penalty of 100 penalty units, imprisonment for one year or both are penalties for Commercial Surrogacy deals. In Queensland, penalty for Commercial Surrogacy is specified in Surrogacy Act 2010 and varies from 100 penalty units to three years of imprisonment.

Commercial Surrogacy

As we can see, Australian law is not very friendly for Commercial Surrogacy. The main reason for this is that the Australian Government doesn’t want to contribute the “baby factories” creations, as there is a widespread belief that commercial Surrogacy is some kind of economical slavery for women, who are pressed by their financial problems. From another point of view, it is unlawful for a person to receive payment for her reproductive capacity.

In reality, the picture drawn by political forces and journalists is not so black. Certainly, each Surrogate Mother, who is ready to become a gestational courier for Infertile Couple will be glad to receive some financial support from them, as it will help to improve her own family welfare, to give good education for her own children or to facilitate the purchase of home. But the main reason for becoming a Surrogate is always something bigger, that just money earning. This is, first of all, a noble way to help infertile couple to find a happiness of parenthood.

Surrogacy overseas

On the other hand, increasingly more couples from Australia request Surrogacy services overseas. Australian Courts generally do not seek to ‘punish’ people who attempt to create a family by engaging a commercial surrogate. Over the last 40 years, no person has been found criminally responsible in an Australian court in relation to a surrogacy event. So, law regarding the penalty of Surrogacy in Australia is not enforced.

Of course, we recommend you to seek a specialized legal consultation about Surrogacy in Australia before participating in any International Surrogacy program. However, we can ensure you that we have experience of working with Australian couples in International Surrogacy field and we know that nothing is Impossible.

Pay attention to details

In case of Australia, it doesn’t matter which Surrogacy destination you choose (Ukraine, Russia, Georgia, Belarus, USA etc) and what will be the marital status of your future Surrogate mother. Pay more attention to the Company you will work with, to its experience, credibility and medical facilities. We strongly recommend you to use genetic material of at least one Intended Parent with Australian citizenship, as it will help a lot in future, during the obtaining of your baby’s citizenship.

Usually, in the end of Surrogacy program you receive the Certificate of your baby’s birth, where you are written as legal parents, without any mentioning about Surrogacy.

Nevertheless, it is not the end of your Surrogacy journey, as you need to bring your baby home, and without citizenship and baby’s passport it will be not possible to do. From this moment your Embassy process starts.

Embassy process

A child born outside Australia as a result of a surrogacy arrangement is eligible for Australian citizenship by descent if, at the time of their birth, they had a parent who was an Australian citizen.

Where there is no biological connection between an Australian citizen who is the intended parent and the child born through an international surrogacy arrangement, or where such a biological connection has not been satisfactorily established, it is necessary for an Australian citizen to provide other evidence to demonstrate that the Australian citizen was in fact the parent of the child at the time of the child’s birth.

Evidence of parent-child relationship

Evidence that the parent-child relationship existed at the time of the child’s birth may include, but is not limited to:

•           a formal surrogacy agreement entered into before the child was conceived

•           lawful transfer of parental rights in the country in which the surrogacy was carried out to the Australian citizen before or at time of the child’s birth

•           evidence that the Australian citizen’s inclusion as a parent on the birth certificate was done with that parent’s prior consent

•           evidence that the Australian citizen was involved in providing care for the unborn child and/or the mother during the pregnancy, for example, emotional, domestic or financial support and making arrangements for the birth and prenatal and postnatal care

•           evidence that the child was acknowledged socially from birth or before birth as the Australian citizen’s child, for example, where the child was presented within the Australian citizen’s family and social groups as being the Australian citizen’s child.

Certificate of baby’s citizenship by descend must be obtained in Department of Home Affairs of Australian Government and sent by post to the country where surrogacy is performed. This Certificate gives to your baby right to obtain Australian passport for travelling home.

Passport of a baby

Once all documentation needed for baby’s passport has been gathered, given to the Embassy and checked, at least one parent will be required to attend a personal interview at the Australian Embassy to lodge the passport application. Interviews are by appointment only and must be confirmed in advance of their travel to Embassy. Following that, the Embassy may need to contact them again or other individuals named as part of the application, including the non-lodging parent, the surrogate and witnesses. The completed application will then be processed in Canberra.

Finally, in the end you will get baby’s passport and travel home with new member (or maybe members) of your family! We really believe that you are not frightened of all this legal issues and the rule «forewarned is forearmed» is the best option for all Intended Parents.

Patience of our Intended Parents is very important for our Company, that’s why we provide them with full legal support during Surrogacy program from the moment of their first call to their travel home. Contact us today to know more information about medical and organization part of Surrogacy for Australian Couples!

Surrogacy in Australia