Surrogacy bill clears Senate panel

Legislation that would establish the legal framework for surrogate births in Louisiana won quick approval by a Senate committee on Tuesday. 

The Committee on Judiciary A made a couple of minor changes, then sent House Bill 187 to the Senate floor. The changes had been suggested by the measure’s sponsor, state Rep. Joe Lopinto, R-Metairie. 

 “Through compromise it has been tightened down and honed in,” said state Sen. Gary Smith, D-Norco, a bill co-sponsor. 

HB187 applies only to a legally married man and woman who need a surrogate to carry their biological child because of medical problems. 

The couple would be the legal parents of the child. The parties would enter into a contract which would have to approved by a court in advance of the embryo transfer. 

“It makes it illegal for anyone else to enter into a contract,” Smith said. 

Financial compensation other than medical, legal and travel expenses for the surrogate would be illegal. Money for lost wages would be allowed if the surrogate requires bed rest during the pregnancy. 

The surrogate mother would have to be between the ages of 25 and 35 and have had at least one child. Prior to executing the contract, the surrogate would have to undergo at least two counseling sessions, separated by at least 30 days, with a licensed clinical social worker, psychologist, psychiatrist or licensed counselor to discuss surrogacy.

Smith sponsored broader surrogacy legislation last year that was vetoed by Gov. Bobby Jindal. The Louisiana Family Forum had opposed the bill. 

No one appeared to testify against what state Sen. Danny Martiny, R-Metairie, called legislation that represented a “negotiated compromise.”

The Louisiana House approved the surrogacy measure on a 79-14 vote in early April.

http://theadvocate.com/home/9035904-125/surrogacy-bill-clears-panel

Send Off Party!!!

Goodbyes are not forever,

Goodbyes are not the end.

They simply mean we'll miss you

Until we meet again!!

Let's say this goodbye to our wonderful colleagues and friends with a Party and not tears!!!

The Friends saying Goodbye to SI are:

Sheeja Surendran (Secretary to Directors)

Vinodkumar Nair (Manager - Accounts and Finance)

Lincy John (Asst. Manager - Operation)

Here are some glimpses of the party held in their honor.

SI Closed on 1st May,2014 - Maharashtra Day

On occasion on Maharashtra Day, please note that SI office will be closed on 1st May,2014.

There could be delay in reply to the Emails and other correspondences. However, you may give us a call in an emergency situation.

Centre mulls restricting single-parent surrogacy

After allowing single-parent surrogacy since 2005, the union ministry of health and family welfare now contemplates restricting the right to only Indian infertile couples, subject to any conflict in the law relating to adoption of Indian children by foreigners.

The 2005 guidelines of the Indian Council of Medical Research (ICMR) draft assisted reproductive technology (surrogacy) bills of 2008, 2010 and 2013 allowed foreign single-parent surrogacy in India.

It has stopped the Punjab and Haryana high court from interfering in the case of Sudanese national Shihabeldin’s seeking single-parent surrogacy rights in India. The petitioner had challenged the union ministry of home affairs guidelines of July 9, 2012, the restrict surrogacy to men and women married for at least two years.

The division bench comprising chief justice Sanjay Kishan Kaul and justice Arun Palli said: “We are not inclined to issue a writ in favour of the petitioner, a foreign citizen, who seeks single-parent surrogacy as the law in this regard itself is sought to be enacted and it is at a final stage.”

The court added: “However, the conflict for the interim period is resolved by all the respondents (union ministries) being in unison that in the interregnum period, the arrangement which would prevail would not permit the single-parent foreign citizen surrogacy. We are, thus, confronted with a situation where undoubtedly there is a complex issue at hand of surrogacy qua single parents who are foreign citizens. There would have to be checks and balances in such a situation. What would be the final version of the Act… would in tur n depend on the final proposal of the Cabinet… to be placed before the House (Parliament).”

Appearing for the petitioner, advocate Anil Malhotra argued that not-permitting single parent sur ro g acy would violate petitioner’s right to life, privacy and reproductive autonomy. Appearing for the union health ministry, advocate Onkar Singh Batalvi had submitted that foreign nationals would not be allowed sur ro g acy rights in India to prevent exploitation of Indian women, who might be tempted to take the risk in the face of financial hardships.

WHAT IS SURROGACY

An arrangement in which a woman carries and delivers a child for another couple or person.
The intended parents may arrange for a surrogate pregnancy because of female infertility or other medical issues that make pregnancy or delivery impossible or otherwise undesirable; or because the intended parent or parents are male.

 http://www.hindustantimes.com/punjab/chandigarh/centre-mulls-restricting-single-parent-surrogacy/article1-1212092.aspx

Punjab and Haryana high court upholds curbs on surrogacy in India by unmarried foreigners, single parents

CHANDIGARH: Upholding the ministry of home affairs' guidelines restricting single foreign nationals and unmarried couples from coming on medical visas to India for having kids through surrogacy, the Punjab and Haryana high court on Wednesday refused to give any relief to a Sudan national.

A division bench headed by Chief Justice Sanjay Kishan Kaul passed the order while relying on Central government's reply that the guidelines, issued by MHA in July 2012 under Foreigners Act regarding regulation on surrogacy in India, shall prevail over other any similar guideline issued earlier. The Central government also informed the HC that Assisted Reproductive Technology (Regulation) Bill, 2010, has been drafted by the health ministry and it would be finalized with the formation of a new government at the Centre. The bill would regulate surrogacy in the country.

The bench disposed of the petition filed by Sudan national Shihabeldin, a bachelor who wanted to become a single parent through surrogacy in India. His petition filed before the high court said that he wanted to become a single parent through a surrogacy arrangement and contacted a Chandigarh-based medical institution on June 29, 2013. However, he was not allowed to do so following guidelines from MHA issued on July 9, 2012, limiting the facility to married couples.

http://m.timesofindia.com/india/Punjab-and-Haryana-high-court-upholds-curbs-on-surrogacy-in-India-by-unmarried-foreigners/articleshow/34130522.cms

SI Closed on 24th April,2014 - Voting Day

SI will remain closed on April 24 on account of voting for the general elections in constituencies in Mumbai.

There could be delay in reply to the Emails and other correspondences.However, you may give us a call in an emergency situation.

Cute Little Baby Girl from Taiwan

Proud parents Pai- Horng and Chun-Ping holding their beautiful daughter Yun-Fan born today.

We congratulate the couple for this bundle of joy.

Baby Girl from Norway

Baby Girl Maria with her proud parents Kristi and Geir from Norway, who was born on 15th April, 2014.

We congratulate the excited parents and wish them all the best.

Surrogacy Bill set to be Finalised

New Delhi: Aimed at regulating surrogacy in India, the Assisted Reproductive Technology (regulation) Bill is all set to be finalised soon. The Union health ministry will hold a two-day consultation with all the stakeholders, including the Planning Commission this week. The Planning Commission has so far been apprehensive about the proposed draft of the Bill finalised by the health ministry. Officials in the health ministry are aiming now to finalise the draft Bill so that it can be introduced in the Parliament without any further delay. The Bill was first drafted five years ago. While the health ministry was considering to approach the law ministry for amending the draft, the Planning Commission raised objections over the proposed bill and asked the ministry to consult them before the final draft is sent to the law ministry. “The ART Bill that aims to regulate surrogacy in the country has been delayed since 2008 when the first draft was prepared. It was revised in 2010 but is yet to get a final approval from the law ministry,” an official said. It is, however, learnt that the new draft may allow surrogacy to all including unmarried couples and those in live-in relationships. http://www.deccanchronicle.com/140414/nation-current-affairs/article/assisted-reproductive-technology-bill-set-be-finalised

Women Empowerment

Data can be easily misleading. Research and Interpretation is most important

‘The restriction on so-called sex-selective abortion is damaging women’s right to choice more broadly’, says Suchitra Dalvie, one of India’s most outspoken pro-choice campaigners.

http://www.spiked-online.com/newsite/article/saving_the_girl_child_or_destroying_womens_rights/14537#.Uz9tuBuKBMs

Milestone for achieving 325 babies.

Taking Pride in how far we have come & having Faith in how far we can go!!!!

Here's presenting our new bundle of joy Baby Holger Lundin born on 10th April 2014 with his parents Mathias & Melinda from Sweden.

 

 

Engagement Ceremony and Fun Time

We are glad to inform you that one of OUR SI Staff  Dr. Madhura got engaged on 5th April and we congratulate her for the same.

The function was held at Khed near Konkan coast which is Dr. Madhura's Native place, all were invited. 

We all were very happy to be a part of this occasion. We started our journey by train wherein we all had fun traveling together. 

The ceremony was wonderful since it was a typical Maharashtrian engagement, which was quite new to few of us. All were dressed beautifully.

The houses where the staff stayed were spacious so unlike Mumbai and the people over there were so down to earth and we felt like a family. The sea food was deliciously yummy.

The next day of the ceremony we headed to a clean and less crowded beach where we enjoyed the rides thoroughly and clicked photos.

Thus, this trip was one of the most memorable and enjoyable trips.

 

Court case for single parent surrogacy in India

We have received an update on the case from our lawyer. The case has been heard at the Punjab & Haryana High Court in India. The last two hearings are attached along with.

Here is the excerpt of the interim order.

"In the end we must note the fact that we have three counsels appearing for three different Ministries of the Government of India which causes more confusion than clarification as it seeks to give an impression that each Ministry wants to put its own stand before the Court and not that a unanimous stand is taken by the concerned Ministries after discussion inter-se the Ministries. Union of India does not consist of different parts insofar as reflection of stand is concerned as the stand of Union of India has to be one. We are of the view that this aspect be examined and be placed before the Secretary, Department of Legal Affairs, Government of India who will look into the matter for better and more appropriate representation of a consistent stand of the Government of India as one before the Courts.

For the attached files, please click on the below link:

1st Hearing

2^nd Hearing

SI is closed on 5th April, 2014

SI will not be working tomorrow (i.e.5th April, 2014) hence there could be delay in reply to the emails. However, you may always give us a call in an emergency situation.