Surrogacy is exploitation or a blessing? Facts and comments. What people think and feel about it
Photos evacuated by the Israeli authorities happy fathers with
newborn babies visited all the local media. The Ministry of internal
Affairs is considering the possibility of shipping to Israel from Nepal
surrogate mothers, bearing children of Israel.
However, the fate of women who have already fulfilled their mission
and the Israelites gave birth to 11 children, behind the scenes.
Help
Surrogacy is a reproductive technology in which a woman (the
surrogate mother) carries and gives birth to a child for other parents.
The first surrogate mother in history is considered to be a Hagar – the
Egyptian maidservant of Sarah, bore Abraham a son Ishmael. However,
since then much has changed.
In traditional surrogacy the surrogate mother was also the genetic
mother, but in the 90-ies of XX century, with the development of
technology of in vitro fertilization (IVF), in most countries,
introduced the so-called “full surrogacy”, prohibiting to use the egg of
a surrogate mother in order to exclude the possibility of a genetic
connection between the surrogate mother and the embryo.
If the expectant mother can not only make, but also to conceive a
child, an egg from a female donor are fertilized in-vitro fertilization
with the sperm of the genetic father and transferred into the uterus of a
surrogate mother.
The surrogacy process is a number of health risks for the surrogate
mother associated with the pregnancy process and procedures prior to
the pregnancy. Pregnancy with twins (such as when surrogacy happens more
often than normal) increases the risk of complications and the
likelihood that the woman will have most of the pregnancy to spend on
conservation.
The procedure of in vitro fertilization is associated with numerous
tests, hormone injections, and often with the acceptance of steroids
and antibiotics. Pregnancy, surrogate mothers often ends in a caesarean
section, which can lead to complications like any other surgery.
Surrogacy in the world
Unlike the adoption process, governed by international Convention
for the protection of children and cooperation in respect of
intercountry adoption, there is no clear international agreement
governing surrogacy services because different States have different
approach to this issue.
In countries such as Finland, France, Italy, Germany, Spain, and
also in most Arab countries, surrogacy, both commercial and free, is
illegal.
In the UK, Australia, Denmark, Belgium, the Netherlands and many
other countries prohibit only commercial surrogacy and advertising of
the services of surrogate mothers. In these countries the parents will
only reimburse surrogate costs.
In USA surrogacy is not regulated at the state level, and each
state has its own laws. So, in Michigan prohibits any form of surrogate
motherhood, in new York banned commercial surrogacy, and in such States
as California, Illinois, Arkansas and new Hampshire allowed both free
and paid surrogacy.
In most developed countries are either not prohibited to use the
services of surrogate mothers abroad, or the authorities look at the
“import” surrogate children through her fingers.
Surrogacy in Israel
Unlike the vast majority of developed countries, Israel is allowed
both free and commercial surrogacy. This is due, in all probability,
General attitudes to childbearing in the country. It should be noted
that almost nowhere in the world is not customary to make such number of
attempts of in vitro fertilization in Israel, including when it comes
to families with multiple children.
However, surrogacy in Israel is not available for all populations.
According to the Law on contracts for the childbearing from 1996 to the
help of surrogacy could be resorted to only heterosexual couples. Such a
pair can on their own or through mediation office to find a surrogate
mother and signing a contract with it on the GS. The contract is served
on the Commission appointed by the Ministry of health. The Committee
includes experts in the field of gynecology and obstetrics, psychologist
and social worker. The Commission checks the physical and mental
condition as a surrogate mother and future parents.
According to edition NEWSru.co.il from the press service of the
Ministry of health, in 2014 the Ministry of health has considered 119
requests for permission to resort to surrogacy. 118 of them were
satisfied.
According to the report, presented to the Knesset Committee on the
rights of women, 80% of surrogate mothers in Israel take this step for
financial reasons. The average age of surrogate mothers is 31 years. 70%
of women have secondary education. 71% of surrogate mothers were born
in Israel, about 20% – in the countries of the former USSR.
If before a surrogate mother in Israel could be the only unmarried
woman, 3 years ago the law was changed, and now it can do and married. A
potential surrogate mother must undergo a process of birth at least
once and not more than three times.
Financial compensation to surrogate mothers in Israel is regulated
by law. On the website of the Ministry of health stated that the
surrogate mother gets for her services 160 thousand shekels. However, as
explained editorial NEWSru.co.in il intermediary company “M”, the whole
process of surrogacy in Israel is expectant parents from 220 to 250
thousand shekels, as to 160 thousand which are transferred to the
surrogate mother, the added cost of verifying, weekends, additional
procedures, etc.
“Import” cheaper
The theme of international surrogacy is traditionally considered to
be inextricably linked to the rights of sexual minorities. Indeed,
same-sex couples and singles, not being able to hire the services of a
surrogate mother in the country, is increasingly doing it abroad.
However, figures show that same-sex Israeli couples who use the
services of surrogate mothers abroad, amount to no more than half of the
total number of couples traveling to third world countries for
newborns.
Editorial NEWSru.co.il was unable to obtain from the Department of
registration of population latest data on the number of children born
abroad through surrogacy.
According to a report published on the website of the Knesset, from
2005 to 2011 in the Ministry of internal Affairs was 188 cases
involving genetic tests required to grant Israeli citizenship to a child
born abroad from a surrogate mother. After 2011, based on data
published by various brokerage firms, the number of foreign-born
children of surrogate mothers each year has increased by hundreds.
Company “M”, which provides mediation services surrogacy for
Israelis not only in Israel but also in India and Georgia, our
correspondent was told that only one third of the customers who come
into the office, use the services of surrogate mothers in Israel. Other
couples prefer to do it abroad, because such process is associated with
much less cost and much faster.
Note that this office provides services exclusively to heterosexual
couples, as in India and Georgia prohibited the provision of this
service to gays. This year the services of the company “M” was used by
around 70 pairs, including 50 “made” the child abroad.
In India and Georgia, surrogacy costs about 130-140 thousand
shekels. In contrast to the situation in Israel, a significant portion
of this money goes to the accounts of intermediary firms. As explained
to NEWSru.co.il in the Agency “Metro” in Georgia, for example, “this sum
to the woman and her family enough for three years of worthy existence,
as the son of an engineer”.
Both in Israel and abroad, an egg donor is a woman, most often
living in a third country. Company “M.” mostly use the services of
donors from Ukraine and the Czech Republic. Donor oocyte is from 25 to
30 thousand shekels.
“We have no choice”
The Deputy of the city Council of tel Aviv of Itai Pinkas and his
husband Yoav three daughters born to surrogate mothers abroad. The
eldest of the twins five years, they were born in India. The younger
girl, she was born in Thailand. Itai Pinkas told our correspondent that
for many years fighting for same-sex families to use the services of
surrogacy in Israel, but so far this struggle has not brought the
fruits. Pinkas said that when she and her husband decided to have
children, we carefully checked the conditions in which are a surrogate
mother in India and Thailand. According to The Pinkas, Yoav they are
still in touch with surrogate mothers their daughters, you know, how
they live, and send them pictures of the girls.
“I think the hypocrisy of the claim to people who use the services
of surrogate mothers abroad because the same people who call surrogacy
is exploitation of women, absolutely easy to use mobile phones and wear
shoes that make children in Chinese factories, working 20 hours a day
and often aching and dying from overwork,” says Itai Pinkas.
“I have no illusions about the motives of the surrogate mothers of
our children, but do not feel them nothing but boundless respect and
gratitude. I understand that not all clients of the clinics also are
closely watching the fate of surrogate mothers, their children, and
would prefer not to look to third world countries. But while in Israel
will not change legislation, same-sex families and singles there is no
other way to become parents,” explains Itay.
Features of “import” of surrogacy
For many years the majority of same-sex couples had gone to India.
When in 2012 in India were forbidden to provide surrogacy services to
same-sex couples, for several years the address for the gay, dreaming of
children, was Thailand. However, in February 2015 in Thailand, a law
was passed prohibiting commercial surrogacy for foreigners.
The reason for the ban began several scandals, including the story
of baby Scales. Recall, a couple from Australia used the services of a
surrogate mother from Thailand, 21-year-old Pattaramon Canboy that in
August 2014 they gave birth to twins – a healthy baby girl and a young
boy named Gamma, who were diagnosed with down syndrome, as well as heart
failure and pulmonary infection. The couple took away the girl and
refused to adopt a sick boy. Previously, they offered to do Pattaramon
abortion and destroy one embryo, but she refused on religious reasons.
The case drew the attention of the world media, Gamma remained with the
surrogate mother, but acquired Australian citizenship to have access to
Australian medicine.
Shortly after that, the media was widely discussed another
incident: in the headlines often met the phrase “baby factory”. Citizen
Japan Mizusaki of Sziget for a short period of time gave birth to 15
children from 11 surrogate mothers. When the Bangkok police, suspecting
Sighetu in the slave trade, tried to detain the Japanese, he fled to
Macau.
After India and Thailand were closed for same-sex couples, in the
world there are few countries where gay and singles can use the services
of surrogate mothers. Because in the US a surrogate mother road and
cost about 100 thousand dollars, the vast majority of Israeli same-sex
couples who failed to have children in India and in Thailand, in the
summer of 2014 go in search of a surrogate mother in Nepal.
Editorial NEWSru.co.il asked for advice in a mediation office “,”
providing services to same-sex couples and singles who are looking for a
surrogate mother abroad. According to the data obtained from the Agency
information, the services of surrogate mothers in Nepal cost about 40
thousand dollars. According to the law of Nepal, the surrogate mother
may not be a local resident, and most surrogate mothers are an Indian
woman, who at the time of the process, along with their families moved
to Kathmandu. Over the past year in Nepal were dozens of children born
to Israeli couples.
According to representatives of the Israeli intermediary offices,
to surrogate mothers abroad are the same or almost the same requirements
as in Israel – they must be physically healthy, psychologically
prepared and already have children. Representatives of firms interviewed
by our editorial staff, they say that their employees and customers
check the conditions and life of the surrogate mother, and ensure that
women were given proper medical and psychological care.
The problem is that, when it comes to third world countries,
commercial surrogacy, like any other commercial activity, may not always
be isolated from the realities of this country.
Last year the British newspaper The Guardian published material
about the industry of surrogacy in Mexico, where he began a boom in
commercial surrogacy after tightening legislations of India and
Thailand. The article noted that simultaneously with the appearance of
official industry of surrogacy in Mexico began to develop an underground
business, where agencies stealing money and eggs, subjecting pregnant
women to psychological abuse and deprives them of the fees. In 2014 this
has led to the closure of clinics and bankruptcy mediation offices of
California, collaborated with Mexican agencies. The activities of these
firms attracted the attention of the FBI.
In March 2015 on the American channel HBO released a documentary
film “Lines in the Sand & Outsourcing Embryos” (“Lines in the sand
and outsourcing of embryos”), dedicated to the including industry of
surrogacy in India. HBO correspondent Gianna, Toboni went to India,
where he discovered the existence of black market “extra” babies that
sells children born to surrogate mothers and hidden from their
biological parent which is achieved by the fact that as a result of in
vitro fertilization often are born twins or triplets.
One such child the reporter offered to buy directly in the
restaurant, where she posed as a client met with the traders. Dialogue
in the restaurant was filmed with a hidden camera and later included in
the documentary. This passage, in which the journalist reach out over
the table baby, offering to take him “on the spot” can be seen on the
website of New York Magazinewhere it was published an interview with
Gianna, Toboni.
In this case, the journalist notes that prior to this episode she
visited several clinics to surrogate mothers, where the women were kept
in wonderful conditions and they were given the best medical care.
Feminists against
If we leave out the possible criminalization of surrogacy, in
different scales inherent in third world countries, surrogate mothers,
even in developed countries are at risk of psychological or physical
harm.
In addition, activists of organizations advocating human rights,
and representatives of feminist movements, both in Israel and abroad,
believe surrogacy is an unacceptable exploitation of the female body and
its relegation to the status of incubator, and equate surrogacy to
organ trafficking or prostitution. Well-known Israeli feminist Zoe
Pushnikova said in an interview with NEWSru.co.il that he considers
unacceptable to subject women’s health to danger even in the most good
purposes. “I constantly hear that women in third world countries do it
for in order to feed the family. However, this is not an occasion for
exploitation and harm. For some reason the decision to sell a kidney to
feed his family, causing a different reaction of the society,”
emphasizes Pushnikova.
Note that in the ranks of the Israeli LGBT community there is a
schism when it comes to surrogacy. Despite the fact that the female
community leaders speak on social networks strongly against surrogacy –
both in Israel and abroad, none of them wanted to comment on this topic
to edition NEWSru.co.il, explaining that “delicate” topics for the
community of sexual minorities.
Most critics of surrogacy bring as an argument the fact that
there’s too many orphans to such an ambiguous way to produce new
children. The NEWSru.co.il turned in one of the oldest Israeli NGOs on
international adoption, to understand how these arguments are
legitimate.
“This is not a store”
The adoption procedure in Israel is regulated by law. The client
signs a contract with one of the NGOs involved in international
adoption. The maximum amount is also stipulated in the law and amounts
to 22 thousand euros. As explained by our editorial staff representative
of this NPO, adoption may be possible in Latin America, the former
Soviet Union, Asia and Africa, but the Israelis are children from Africa
do not adopt. Adoption occurs under the laws of the two countries – the
country of the parents and the child’s country. Therefore, the adoption
of a single man or same-sex couple is currently almost impossible.
“Despite the fact that formally you will not find a law that would
infringe upon the rights of single men compared to single women rights,
in practice a single woman can adopt a child, but a lonely man is not,”
explains the interlocutor of the edition NEWSru.co.il.
The Israelis resort to international adoption, because in Israel in
the queue for adoption are up to 4.5 years. In addition, there is the
issue of age. Clients generally claim to be children under the age of
three, and the children given up for adoption in Israel, usually over
the age of four.
The international adoption procedure takes from a year to a year
and a half. Most children take the Israelites from Russia. So, during
the existence of one of the oldest NGOs in Israel by adoption number of
children adopted in Russia amounted to over 1100 children. The parents
simple – the difference in age between the child and the foster parent
may not exceed 48 years and parents should be tested by a psychologist
and a social worker before they can get a permit and begin the adoption
process.
Despite the huge number of orphans in the countries of the former
USSR, the demand for adoption exceeds the offer in tens times. The
majority of Russian orphans “neosynephrine” either for legal reasons or
for medical. And if seriously ill Russian children were often adopted by
Americans, but now it became impossible.
“This is not a store,” emphasizes our interlocutor. The child’s
sex, age, skin color and other things depend on when it comes to the
customer. And adoption is available only heterosexual couples and single
women.
Basic right of each individual is not available to all
Editorial NEWSru.co.il was asked to comment on ethical aspects of
surrogate motherhood to the Chairman of the ethics Committee the Israeli
medical Association Dr. Tami Karni. Dr. Carney stressed that the topic
of surrogate motherhood is one of the most controversial topics from the
point of view of medical ethics. “On the one hand, the desire to
produce offspring is a basic right of every person. With another – it is
impossible not to take into account the autonomy of the female body,
the free will of the surrogate mother and other related factors,”
emphasizes Dr. Carney.
Carney explains that, if in Israel there is a clear law regulating
surrogacy, and the surrogacy process, surrogate mothers in third world
countries are often exploited and are in unsuitable conditions. Carney
refers to the data received in the framework of the Commission on
international fertility led by Dr. Carmel Shalev, who at the end of this
month due to complete its work and submit its findings to the public.
The Dr. Shalev is now in Austria, where the conference on surrogate
motherhood. At the conference representatives of countries of Eastern
Europe will discuss issues of regulation of this industry.
In January 2015 in Jerusalem hosted a conference by UNESCO
Biotechnics, medical ethics and medical law, in which they also
discussed legal and ethical aspects of surrogacy and the need to create
international institutions that govern this process.
However, the findings of the Commission Carmel Shalev, as the
findings of other similar commissions in different countries are purely
Advisory in nature.
As for Indian women, issuing and delivering in Nepal young
Israelis, some of them, according to the Israeli intermediary, have
already returned home. Together with other families while stay in
Kathmandu destroyed, unable to leave. To the knowledge of the
interlocutor to our editorial staff, none of these women suffered in the
earthquake. However, it is hardly possible to claim that someone has
full information about it.
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