Monday, May 12, 2008

Leaving on a Jet Plane---to Rent a Womb in India


Customer service, tech support and face lifts...these days we outsource everything to India. So why not pregnancy?

Reproductive outsourcing is a new but rapidly expanding enterprise in India. Clinics that provide surrogate mothers for foreigners say they have been inundated with requests from the United States and Europe in recent months, as word spreads of India's combination of skilled medical professionals, relatively liberal laws and low prices. With opportunities for international adoption cut drastically, what about surrogacy? Despite the appearance of an innovative “quick fix,” surrogacy is still a complex and somewhat frightening way to achieve parenthood.

Commercial surrogacy, which is banned in some European countries and subject to a wide range of regulation in the US, was legalized in India in 2002. Surrogacy costs there average at around $12,000, including all medical expenses and the surrogate's fee of $5000 to $7000. In the U.S., the same procedure can cost up to $70,000---well out of reach of most infertile couples in the absence of excellent medical coverage. By the time one factors in air tickets and hotels for two trips to India (one for the fertilization and a second to collect the baby) the total comes to around $25,000, roughly a third of the typical price in the United States. According to some experts, Indian surrogacy is already a $445-million-a-year business---and growing.

What are the types of surrogacy?
The more common form is IVF / Gestational surrogacy, where a woman carries a pregnancy created by the egg and sperm of the genetic couple. The egg of the wife is fertilized in vitro by husband's sperms by IVF/ICSI procedure, embryo transfer is performed into the surrogate's uterus and the surrogate carries the pregnancy for nine months. The child is not genetically linked to the surrogate. The success rate (carry home baby) of surrogacy is around 45% in cases where fresh embryos are transferred. If frozen embryos are used, the success rate drops to about 20-25%.

Traditional Surrogacy is not new but it carries its own risks and rewards. Commonly an option for women who have no functioning ovaries due to premature ovarian failure, egg donation also can be an option. A woman who is at risk of passing a genetic disease to her offspring may also opt for traditional surrogacy. The surrogate is inseminated or an IVF/ICSI procedure is performed with sperm from the male partner of an infertile couple. The child that results is genetically related to the surrogate and to the male partner but not to the female partner. It is this form of surrogacy that carries the risk of the birth mother deciding to keep the child. And in many states the law is on her side.

What are the advantages of surrogacy? Surrogacy may be the only chance for some couples to have a child which is biologically completely their own (IVF surrogacy) or partly their own (gestational surrogacy). The genetic mother can bond with the baby better than in situations like adoption.

What are the disadvantages of surrogacy? Although surrogacy often attracts media attention when it succeeds, it is still a highly controversial and legally complex topic with several disadvantages to be considered. Some surrogates have a problem parting with the baby (remember the infamous “Baby Melissa” case in New Jersey several years ago where custody was fought long and hard in the courts before a less than amicable resolution?). The potential for medical / obstetric complications faced by a surrogate during pregnancy can put extra financial burden on the commissioning couple. While a couple has contracted with a surrogate who agrees to attend to her own health to help ensure the delivery of a healthy baby, there is no way to guarantee strict adherence to the terms of the contract. And what about cases the surrogacy technique may be 'misused' like career oriented women, figure conscious woman, models etc. may just 'hire' women on 'rent' to carry their biological child?

As interest in surrogacy grows here and abroad, so does the surrogacy business continue to grow in India. Yet it is not without risk. There is little regulation by the Indian Medical Council that oversees such practices. In the absence of clear rules women, often poor and illiterate, are vulnerable to exploitation. Meanwhile, as medical ethicists continue to debate the morality of the practice, couples from the United States and elsewhere are increasingly turning to India for the ultimate outsource — a rented womb.

For an interesting discussion on the reality of surrogacy from a doctor’s point of view, whether here or abroad, visit this blog:
http://doctorandpatient.blogspot.com/2006/07/surrogacy-in-india-real-picture.html

Sunday, May 11, 2008

CYCLES IN FAMILY BUILDING---The Ebb and Flow of Adoption


Orphans prepare to leave on trains traveling west, late 1800s

Cycles in Family Building
Adoption, like everything else, moves in cycles . In 1851, Massachusetts was the first state to pass a law regulating the adoption of children. Adoption required judicial approval, consent of the child’s parent or guardian, and a finding that the prospective adoptive family was of sufficient ability to raise the child. While early adoption statutes required a finding of suitability on the part of the prospective adoption home, this requirement was more form than substance.

The need for legislation to protect the rights of children unable to speak for themselves are always on the dockets of courts nationwide. Laws involving domestic adoption vary significantly from state to state. They detail who can access to adoption records, consent to adoption, parties to adoption, putative fathers, regulation of adoption expenses, Infant Safe Haven Laws, use of advertising and facilitators in adoptive placements, statute sources and contact Information.

Legislation to protect the rights of children in foster or institutional care has often been late in appearing on the books. Most have come about after considerable lobbying by child welfare and grass root groups. 1997, President Bill Clinton signed a new foster care law, the Adoption and Safe Families Act (AFSA) which defined the length of time a child could languish in foster care without moving toward permanency either through adoption or a return to the family is just one such example. The Foster Care Independence Act of 1999 and The Kinship Caregiver Support Act are equally significant.

Laws dictating the process of an international adoption vary significantly from country to country, but must also adhere to the laws of the state where the adoption takes place as well as federal regulations. After 15 years in discussion and development, the United States federal government announced changes in its international adoption policies in line with the Hague regulations on the protection of children effective April 1, 2008. Get details from the U.S. Citizenship and Immigration Services web site by using the links provided below.
Questions and Answers: Intercountry Adoption Instructions
Post-Hague Adoption Convention Implementation
USCIS Announces Changes to Guatemala Adoptions

This 150+ year cycle in adoption legislation is not likely to end as long as there are children and families seeking ways to build families.

The Cycle in International Adoption
The adoption of "war orphans" in the 1950s set the stage for the current cycle of international adoption activities. From roots in a humanitarian response to the needs of orphaned children in dire need, international adoption grew in the late 80s and early 90s as an acceptable way for potential adopters to build families. At the same time, the pool of healthy infants through domestic adoption shrunk as more unmarried women chose to parent their children.

Many view the "crisis" in international adoption as directly linked to increased regulation between sending and receiving countries. As tempting as that may be, these changes more likely reflect the normal ebb and flow of a social cycle. Fifty years has seen many changes from adoption in response to a child's need to adoption to fulfill a personal need to parent. The needs of the world's orphaned children have increased with epidemics such as AIDS, wars and internal struggles and natural disasters. Obstacles have also increased to adoption. What is the next frontier in family building? Some see reproductive technology as the answer. "Designer" babies? Embryo adoption? The future is already here, and a new cycle has begun.

More later!
Cindy