There are several interesting things going on in India relating to surrogacy these days. While we are not against going to India for surrogacy, please do your research and keep yourself informed of the ever changing surrogacy landscape that exists before you choose a surrogate in India.
Israel-Dan Goldberg, the gay father of twins born in India to a surrogate is awaiting permission from the Jerusalem Family Court to proceed with a paternity test that would determine whether he is indeed the biological father of the babies. The twins will not be allowed into Israel until the test is performed. Generally, the Jerusalem Family Court issues the legal order for the test and it is performed, however, in Goldberg’s case the Judge prevented the order from issuing claiming that he “lacked the jurisdiction to issue a court order for Goldberg to take a paternity test.”
Therefore, Goldberg is left staying in a Mumbai hotel waiting the decision on his appeal with the Jerusalem District Court. A frustrated Goldberg stated “other couples that came to Mumbai after me have already left India with their children – who received citizenship because they received the court order for the paternity test from judges who are not in Jerusalem.”
Judge Philip Marcus has done this in two other cases involving homosexual couples sparking controversy because other Family Court judges have issued the same order in surrogacy cases. “If it turns out that one of the people sitting here (the three homosexuals) is a pedophile or a serial killer, these are things the state needs to check,” he said. In his verdict Judge Marcus warned against the raising of children in homosexual homes. “A child needs to grow up with two parents, not only biologically, but also developmentally,” he wrote. In a rare move, both the state and the three men appealed to the Jerusalem District Court, which accepted their claim that the paternity tests would be in the children’s best interest.
Goldberg’s relatives and supporters have begun protesting outside the Foreign Ministry carrying signs that state “Itai and Liron want to come home” and have urged Interior Minister Eli Yishai to intervene on Goldberg and the twin’s behalf. The protestors emphasized that Goldberg’s situation is dire. “This is a humanitarian matter of the most basic nature – two twins, babies, who are stuck with their Israeli father in India. His money has run out and he is not capable of caring for them. In addition, they are not receiving basic healthcare. They are stuck in a completely absurd situation, and find themselves being dumped from one ministry to another and from one judge to another, as if they are criminals. Unfortunately, there is more than an ounce of prejudice here. If it wasn’t a couple of men, I am certain we would not have reached this situation.”
Australia- The Australian Immigration Department has recently announced that it will not change its requirements for parents wanting to bring babies born through foreign surrogacy arrangements to Australia. The Immigration Department announced this as a response to India’s new laws that will require prospective parents to obtain a guarantee of citizenship from their home country before beginning the surrogacy process in India. To obtain citizenship for babies the Department of Immigration requires DNA proof of parenthood. This cannot be given in advance of any arrangements being made. One Australian agency that works with international surrogacy cases has stopped doing business in India partly because of these new citizenship requirements.
Law Society of New South Wales president Mary Macken, hopes to solve this problem by advocating for uniform surrogacy laws in Australia. This way couples would not be forced overseas and agreements could be entered into domestically. ”There is currently much confusion within Australia as each state and territory mostly has different surrogacy laws,” Ms Macken said. ”More importantly, it is preferable to have uniform surrogacy laws in Australia in order to provide for a safe clinical environment so commissioning parents who may become frustrated with the inadequate Australia state laws are not tempted to travel overseas and enter into a commercial surrogacy.”