Gay couple legally recognized as parents on the birth certificate of a surrogate child
For the first time in history, Argentina recognized a homosexual couple as legal parents of a child born by surrogacy. On June 29, 2012, baby Tobias was born in New Delhi to Alejandro Grinblat and Carlos Gustavo Dermgerd via a Canadian surrogate using a sperm donation from one of the parents. 2012 marks the first official record of a baby with two parents in Argentina. The Equal Marriage Act clearly states that no legal distinction should be made between children of same-sex or different-sex couples. This registry paves the way for gay couples to start families through international surrogacy (Instinct Magazine).
Around the world, lawmakers continue to struggle to develop regulations for marriage and family formation for non-traditional couples. Ultimately, there are four options on the table for gay couples: co-parenting, foster care, adoption, and surrogacy. However, the desire for a biological bond with their child can figure prominently in a couple’s decision, often making surrogacy the first choice for gay couples.
Unfortunately, surrogacy is only legal in about 14 countries, and many couples find the costs associated with surrogacy prohibitive. This is where international surrogacy comes in: a couple hires a surrogate mother in another country to carry the child and then bring the child home as their own. Surrogacy is less expensive in some parts of the world, such as Ukraine and India, compared to the United States or Europe. Indian physician Dr. Samundi Sankari states, “‘The costs they pay here are almost a fifth of the costs they pay for surrogacy in the US and Europe.’ He gets a lot of questions from gay couples in the US and Israel.” (Life Site News)
As with any legal transaction, regulation varies from country to country. Couples seeking a surrogacy agreement should consider specialized legal advice to safeguard their interests. Intended parents using an international surrogate are responsible for the fair treatment of the surrogate under contract. It is important to make sure that your surrogacy contract clearly defines the compensation of the surrogacy, the payment of medical bills, and other responsibilities and obligations. It is also important to ensure compliance with local regulations to avoid a tangle of procedures when registering the child in the parents’ country of origin; An attorney skilled in parental settlement law can also help here.
International surrogacy is a growing trend around the world, with regulatory support evolving in tandem with the growing achievement of equal LGBT rights. Many countries have moved from recognizing common-law couples to the next step of legalizing gay and lesbian marriage and eventually legalizing adoption and parenting rights for same-sex couples who choose surrogacy.
References:
Instinct Magazine: http://instinctmagazine.com/blogs/blog/argentina-gets-its-first-official-gay-dads?directory=100011
Life Site News: http://www.lifesitenews.com/news/the-link-between-rented-wombs-and-gay-marriage/