This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.nytimes.com/2017/03/23/world/americas/as-mexican-state-limits-surrogacy-global-system-is-further-strained.html
The article has changed 2 times. There is an RSS feed of changes available.
Previous version
1
Next version
| Version 0 | Version 1 |
|---|---|
| As Mexican State Limits Surrogacy, Global System Is Further Strained | As Mexican State Limits Surrogacy, Global System Is Further Strained |
| (35 minutes later) | |
| VILLAHERMOSA, Mexico — After years of longing and a mountain of expense, Michael Theologos became a father in December, when a surrogate mother gave birth to his son in a clinic in this tropical town. Mr. Theologos wept as he cut the umbilical cord. | |
| Then the trouble began. | Then the trouble began. |
| The next day, officials arrived at the hospital and took the baby, Alexandros, into custody. They said Mr. Theologos, a New York City resident, had broken a new law that bars surrogate mothers here in Tabasco State from bearing children for foreigners. | The next day, officials arrived at the hospital and took the baby, Alexandros, into custody. They said Mr. Theologos, a New York City resident, had broken a new law that bars surrogate mothers here in Tabasco State from bearing children for foreigners. |
| Mr. Theologos, 59, did not see Alexandros again for nearly six weeks. | Mr. Theologos, 59, did not see Alexandros again for nearly six weeks. |
| “You receive your dream and then someone comes over and takes away everything,” said Mr. Theologos, an American citizen who paid $55,000 to an agency for the surrogacy. Speaking by telephone from Queens, he added, “It was the end of the world for me.” | “You receive your dream and then someone comes over and takes away everything,” said Mr. Theologos, an American citizen who paid $55,000 to an agency for the surrogacy. Speaking by telephone from Queens, he added, “It was the end of the world for me.” |
| Mr. Theologos and his son are among a dozen foreign families who have been tangled up in a legal battle over how to apply new surrogacy restrictions in Tabasco, which for years was the only state in Mexico that allowed foreigners to hire surrogates. | Mr. Theologos and his son are among a dozen foreign families who have been tangled up in a legal battle over how to apply new surrogacy restrictions in Tabasco, which for years was the only state in Mexico that allowed foreigners to hire surrogates. |
| Dozens of other families whose babies are yet unborn will face the same quandary, officials and lawyers said. | Dozens of other families whose babies are yet unborn will face the same quandary, officials and lawyers said. |
| The imbroglio highlights the legal complexities of commercial surrogacy and the hazards of outsourcing it to freewheeling frontier markets, experts said. | The imbroglio highlights the legal complexities of commercial surrogacy and the hazards of outsourcing it to freewheeling frontier markets, experts said. |
| “It’s an area that’s incredibly hard to regulate,” said Sam Everingham, global director of Families Through Surrogacy, a nonprofit based in Sydney that organizes seminars and shares information on the internet. | “It’s an area that’s incredibly hard to regulate,” said Sam Everingham, global director of Families Through Surrogacy, a nonprofit based in Sydney that organizes seminars and shares information on the internet. |
| The model in which would-be parents from wealthy countries hire surrogates in poorer — and less regulated — nations is “not sustainable,” he said. | The model in which would-be parents from wealthy countries hire surrogates in poorer — and less regulated — nations is “not sustainable,” he said. |
| Surrogacy has expanded around the globe over the past decade as adoption rules become more stringent. But several markets have boomed and then abruptly closed to foreigners or people who are not in heterosexual marriages, often catching parents in a messy transition from one law to the next. | Surrogacy has expanded around the globe over the past decade as adoption rules become more stringent. But several markets have boomed and then abruptly closed to foreigners or people who are not in heterosexual marriages, often catching parents in a messy transition from one law to the next. |
| Tabasco, where surrogacy has been legal since 1997, became a hub after India closed its doors, first to gay and then to foreign would-be parents, starting in 2013, and Thailand followed suit. | Tabasco, where surrogacy has been legal since 1997, became a hub after India closed its doors, first to gay and then to foreign would-be parents, starting in 2013, and Thailand followed suit. |
| In Tabasco, the new restrictions closed a lucrative door for hundreds of women in a state where the oil industry has shed thousands of jobs, and the unemployment rate, at over 7 percent, is the highest in Mexico. | In Tabasco, the new restrictions closed a lucrative door for hundreds of women in a state where the oil industry has shed thousands of jobs, and the unemployment rate, at over 7 percent, is the highest in Mexico. |
| “There are no opportunities here,” said Mariana, 34, an unemployed saleswoman who bore twins for an Australian man last year. Like other surrogate mothers interviewed for this article, she did not want her full name used. | “There are no opportunities here,” said Mariana, 34, an unemployed saleswoman who bore twins for an Australian man last year. Like other surrogate mothers interviewed for this article, she did not want her full name used. |
| Sipping a soursop juice at a noisy cafe in the city center recently, she said that the pregnancy, for which she was paid about $10,000, was her “only chance to get ahead.” | Sipping a soursop juice at a noisy cafe in the city center recently, she said that the pregnancy, for which she was paid about $10,000, was her “only chance to get ahead.” |
| The market here was never as large as India’s and Thailand’s had been. The government estimates that about 100 babies were born to surrogates in Tabasco each year from 2013 to 2016; academics and activists say it could have been as many as 500 a year. | The market here was never as large as India’s and Thailand’s had been. The government estimates that about 100 babies were born to surrogates in Tabasco each year from 2013 to 2016; academics and activists say it could have been as many as 500 a year. |
| April Hovav, a doctoral student who has been researching surrogacy here for four years, says the numbers are hard to establish, in part because some parents, when registering the birth, record the surrogate as the mother. | April Hovav, a doctoral student who has been researching surrogacy here for four years, says the numbers are hard to establish, in part because some parents, when registering the birth, record the surrogate as the mother. |
| But the baby boom ended when legislators changed the civil code to limit surrogacy to Mexican heterosexuals as of Jan. 14, 2016. | But the baby boom ended when legislators changed the civil code to limit surrogacy to Mexican heterosexuals as of Jan. 14, 2016. |
| Juan José Peralta Fócil, legal coordinator for the Tabasco State government, said the system had been abused by foreigners. Without offering evidence, he said the authorities believed that some parents intended to traffic their children’s organs or use them for pornography. He said he also believed that parents in their 70s were raising domestic slaves who would help them in their dotage, adding, “What would someone of that age want with a child?” | Juan José Peralta Fócil, legal coordinator for the Tabasco State government, said the system had been abused by foreigners. Without offering evidence, he said the authorities believed that some parents intended to traffic their children’s organs or use them for pornography. He said he also believed that parents in their 70s were raising domestic slaves who would help them in their dotage, adding, “What would someone of that age want with a child?” |
| Carolin Schurr, an assistant professor of transcultural studies at the University of St. Gallen in Switzerland who has studied surrogacy in Tabasco, believes that while the Mexican market has had its share of scandals, talk of abuse is a fig leaf for official unease with gay couples hiring Tabascan women. She reckons about 70 percent of Tabasco’s surrogacy clients were gay foreigners. | Carolin Schurr, an assistant professor of transcultural studies at the University of St. Gallen in Switzerland who has studied surrogacy in Tabasco, believes that while the Mexican market has had its share of scandals, talk of abuse is a fig leaf for official unease with gay couples hiring Tabascan women. She reckons about 70 percent of Tabasco’s surrogacy clients were gay foreigners. |
| “It’s more about being against homosexual families,” she said. | “It’s more about being against homosexual families,” she said. |
| In December, the Tabasco civil registry began to refuse to issue birth certificates to children born through surrogacy after mid-October — nine months after the law went into effect. Without a birth certificate, the children could not receive passports to leave Mexico. | In December, the Tabasco civil registry began to refuse to issue birth certificates to children born through surrogacy after mid-October — nine months after the law went into effect. Without a birth certificate, the children could not receive passports to leave Mexico. |
| León Altamirano, whose law firm in Villahermosa specializes in surrogacy cases, said that the cutoff date was “illogical,” since surrogacy is not a nine-month process — in vitro pregnancies can require several attempts. | León Altamirano, whose law firm in Villahermosa specializes in surrogacy cases, said that the cutoff date was “illogical,” since surrogacy is not a nine-month process — in vitro pregnancies can require several attempts. |
| Besides, he said, no law can be applied retroactively. His clients’ contracts predated the change in the law, he said. | Besides, he said, no law can be applied retroactively. His clients’ contracts predated the change in the law, he said. |
| Some families have successfully sued the civil registry for their birth certificates, their lawyers said. In other cases, foreign embassies have intervened. | Some families have successfully sued the civil registry for their birth certificates, their lawyers said. In other cases, foreign embassies have intervened. |
| Mr. Theologos, who was the only parent to have his child taken from him, hired three different lawyers but made no headway. In late January, his case was taken up by the Information Group on Reproductive Choice, or GIRE, a nonprofit that advocates for reproductive rights. | Mr. Theologos, who was the only parent to have his child taken from him, hired three different lawyers but made no headway. In late January, his case was taken up by the Information Group on Reproductive Choice, or GIRE, a nonprofit that advocates for reproductive rights. |
| The group filed a writ of habeas corpus on the ground that Alexandros was forcibly taken, said Anel Ortega, a lawyer who works with GIRE. Alexandros, who was conceived using a donated egg that was later implanted into the surrogate’s womb, was returned to Mr. Theologos on Jan. 31, and the two left Mexico three weeks later. | The group filed a writ of habeas corpus on the ground that Alexandros was forcibly taken, said Anel Ortega, a lawyer who works with GIRE. Alexandros, who was conceived using a donated egg that was later implanted into the surrogate’s womb, was returned to Mr. Theologos on Jan. 31, and the two left Mexico three weeks later. |
| Mr. Peralta, the Tabasco official, said last week that six families were waiting to get birth certificates. But as one family’s ordeal ends, others will begin: Mr. Peralta estimates that about 100 surrogate babies with foreign parents are on the way; lawyers said the number was closer to 30 or 40. | Mr. Peralta, the Tabasco official, said last week that six families were waiting to get birth certificates. But as one family’s ordeal ends, others will begin: Mr. Peralta estimates that about 100 surrogate babies with foreign parents are on the way; lawyers said the number was closer to 30 or 40. |
| “We won’t issue them birth certificates,” he said, adding, “They must sue.” | “We won’t issue them birth certificates,” he said, adding, “They must sue.” |
| Julien Brosse, a laboratory technician from La Rochelle in France whose son, Martin, was born on Dec. 16, sued the civil registry last week after three attempts to get his birth certificate. Josefa Pérez Pérez, Mr. Brosse’s lawyer, said he could wait weeks for a judgment. | Julien Brosse, a laboratory technician from La Rochelle in France whose son, Martin, was born on Dec. 16, sued the civil registry last week after three attempts to get his birth certificate. Josefa Pérez Pérez, Mr. Brosse’s lawyer, said he could wait weeks for a judgment. |
| “It’s very lonely,” said Mr. Brosse, who is remaining in Villahermosa while the case is pending. He speaks little Spanish and dares not take Martin outside because the baby has no proof of identity. Speaking in a mixture of Spanish and French, Mr. Brosse says he spends his days seeing lawyers and talking on Skype to his husband and 18-month-old son — also born in Tabasco to a surrogate. | “It’s very lonely,” said Mr. Brosse, who is remaining in Villahermosa while the case is pending. He speaks little Spanish and dares not take Martin outside because the baby has no proof of identity. Speaking in a mixture of Spanish and French, Mr. Brosse says he spends his days seeing lawyers and talking on Skype to his husband and 18-month-old son — also born in Tabasco to a surrogate. |
| “They want to make an example of us,” he said of the authorities. “They want us to be afraid.” | “They want to make an example of us,” he said of the authorities. “They want us to be afraid.” |
| The authorities also want to scare surrogate mothers, activists said. Beatriz, the woman who gave birth to Mr. Theologos’s baby, is being investigated for trafficking minors, according to Ms. Ortega. Another surrogate, who asked not to be identified at all, said she had received three visits from social services officials from December through February, and moved because of fear. | The authorities also want to scare surrogate mothers, activists said. Beatriz, the woman who gave birth to Mr. Theologos’s baby, is being investigated for trafficking minors, according to Ms. Ortega. Another surrogate, who asked not to be identified at all, said she had received three visits from social services officials from December through February, and moved because of fear. |
| Surrogacy experts and surrogates said that barring foreigners would simply push the trade underground. One surrogate, who was five months pregnant with the child of a foreign man, said she knew several other women who were carrying babies for foreigners. | Surrogacy experts and surrogates said that barring foreigners would simply push the trade underground. One surrogate, who was five months pregnant with the child of a foreign man, said she knew several other women who were carrying babies for foreigners. |
| “Surrogacy is going to continue one way or another,” Dr. Schurr said. | “Surrogacy is going to continue one way or another,” Dr. Schurr said. |
| The only way to draw people wanting families away from unregulated markets is to make laws more favorable in Europe and North America, experts said. Some American states, including California, allow surrogacy, which can cost $180,000 and involve long waits. | The only way to draw people wanting families away from unregulated markets is to make laws more favorable in Europe and North America, experts said. Some American states, including California, allow surrogacy, which can cost $180,000 and involve long waits. |
| “Governments need to create better access to surrogates domestically,” said Mr. Everingham of Families Through Surrogacy. Restrictive polices “push people to engage in offshore markets and take risks.” | “Governments need to create better access to surrogates domestically,” said Mr. Everingham of Families Through Surrogacy. Restrictive polices “push people to engage in offshore markets and take risks.” |
| It is a risk that Mr. Theologos would not repeat. | It is a risk that Mr. Theologos would not repeat. |
| “It’s better to find the money and do it here,” he said, referring to the United States. He said that including his legal battles and hotel bills, he spent about $90,000 on the process in Mexico, taking out a loan against his apartment to pay for it. | “It’s better to find the money and do it here,” he said, referring to the United States. He said that including his legal battles and hotel bills, he spent about $90,000 on the process in Mexico, taking out a loan against his apartment to pay for it. |
| Still, Mr. Theologos plans to take Alexandros back to Mexico so that he can see Beatriz, who, he said, “will always be the mother of my child.” | Still, Mr. Theologos plans to take Alexandros back to Mexico so that he can see Beatriz, who, he said, “will always be the mother of my child.” |
| One evening last week, Beatriz, 31, who has two teenage daughters, watched by video chat as Mr. Theologos bounced Alexandros on his knee. After Alexandros was returned to Mr. Theologos — and before they moved on to the United States — she had spent each day with them, she said, bathing the baby and putting him to bed. | One evening last week, Beatriz, 31, who has two teenage daughters, watched by video chat as Mr. Theologos bounced Alexandros on his knee. After Alexandros was returned to Mr. Theologos — and before they moved on to the United States — she had spent each day with them, she said, bathing the baby and putting him to bed. |
| “I miss you both,” said Beatriz, as Mr. Theologos put the baby, in a black and white onesie, in his cot. Mr. Theologos told her he was already making arrangements for Alexandros’s Mexican passport. | “I miss you both,” said Beatriz, as Mr. Theologos put the baby, in a black and white onesie, in his cot. Mr. Theologos told her he was already making arrangements for Alexandros’s Mexican passport. |
| “I want him to know his roots,” he said. | “I want him to know his roots,” he said. |
Previous version
1
Next version