Surrogate baby trapped in legal limbo
Categories: Newborns, Pregnancy & Birth, Adoption, In The News, Weird But True, Single Parenting
(Click the photo to see the 10 Dumbest Laws in America)
For one thirteen-day-old baby, life is turning out to be no cake walk. A newborn brought into the world nearly two weeks ago by native Indian Priti Patel, who served as a surrogate mother, is stuck in India. Her would-be parents, Ikufumi Yamada and Yuki Yamada, divorced right before she was born.
Yuki no longer wants to adopt the child, but Ikufumi does. According to Indian law, however, children may not be adopted by single men. As a result, the newborn is living in India with Ikufumi 's mother, who is staying on to care for the newborn. The baby has yet to be adopted. Since she has no adoption papers, she cannot be issued a passport. And, because she can't get a passport, she can't leave the country.
Patel has also left the scene after serving as the surrogate. She is part of a process known as commercial surrogacy wherein couples who cannot have a child on their own provide the sperm and eggs to a surrogate mother, who carries the child to term and then is paid a fee for her services. The couple then generally adopt their child and are on their merry way. Not so much for the twelve-day-old, who at this point I don't think even has a name! What a sad state things are in when a little technical legality keeps a man from legitimately adopting his own child!
Pic by ayahthetiger.
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Reader Comments (Page 2 of 2)
karen 8-08-2008 @ 7:58PM
The grandmother is probably past the age limit to adopt in India. Only China allows older people to adopt, and I believe they recently changed that. After age 40, most countries won't allow foreigners to adopt their babies.
As it wasn't my issue, I don't know what the Indian laws are about a foreigner impregnating an Indian the old-fashioned way, then wanting to take the baby to his country. There may be a snag there. But it is still absurd that the govt. can't make an exception for this baby!
onediva 8-08-2008 @ 5:26PM
This story is so incredulous. I don't understand why a father would have to adopt his own child. The surrogate mother is not staking claim, as she should not. All she did was "bake the cake". She did not provide any ingredients. Would Indian law allow the biological mother to adopt if the situation was reverse? If so, that is prejudice. Why one and not the other? Too bad they didn't stay married until after everything was legal. Hopefully it will be rectified in the near future and the father gets his daughter.
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aa 8-08-2008 @ 6:07PM
Why if the sperm and the egg come from the parents do they have to adopt their own off spring? The surrogant is only an incubater. Why do you have to adopt your own baby?
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michelle 8-08-2008 @ 6:14PM
what country does the father live in?
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michelle 8-08-2008 @ 6:16PM
if the surrogate mom had the guys baby she could marry him for a fee too that way he gets his kid. then she could divorce him...pretty strange way to get a kid, but if the laws are screwed up then people have to do screwed up things to get around it.
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Cearralyn 8-08-2008 @ 6:32PM
Rose, the baby is NOT related to the surrogate mother in any way, shape, or form. The parents are the divorcing couple...his sperm and her eggs, which, again, did NOT come from the surrogate. It is not any different than a foster parent who feeds a child. They are not related either!
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Jwb52z 8-08-2008 @ 6:33PM
Single men in India are NOT allowed to have babies by themselves. As this man is now single, he cannot have his baby. His mother is the only one allowed to have contact with that child. So, even if he married the surrogate, he would not be allowed to have his baby unless he stayed married to her forever.
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Judie 8-08-2008 @ 6:43PM
No wonder India is still a third world country. They have more than enough orphaned children to care for now. This is kidnapping on the part of the Indian government. They have no claim on this baby. It belongs with the father.
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Victor Lee 8-08-2008 @ 8:08PM
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YourSh*tzStinks 8-08-2008 @ 7:53PM
India has a billion fricking stinky curry-eating people and these 2 dumb-asses thought it smart to bring another child to pollute the world with???
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Barb 8-08-2008 @ 7:55PM
I am stunned as to why the father would have to adopt this baby if his sperm was used???? He would be the father, and have rights to raise the child if the mother doenst want it. So sad for this poor baby, and I hope they get it straightened out soon. She needs to go home.
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service4u414 8-08-2008 @ 8:11PM
They need to come up with something (pre-born adoption) that when a couple decides to do this there is legal papers drawn up that the child is already legally the couple's. Once you decide to do this there is no changing your mind. No matter what country you are from. It is going to cost someone (or someone's government) to get this mess straightened out. In this case the father would have his child and the mother would have to pay child support. She was a part of this from the beginning. Why should she just walk out and not hold any responsibility.
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Kaylee 8-08-2008 @ 8:25PM
The Surrogate done her job and TUFF for the divorces', I think they should have some manditory time of marriage and REASONS why they can't concieve. My husband was adopted, because his adopted parents could not concieve. Let me tell you something...After being married 22 yrs, to this man I understand more & more everyday why his adopted parents could not concieve and I tell you I see why. Theres NOTHING MORE to screw up a child more than a parent. They wanted to keep up with the Jones' and just wanted a child because thats what people do. THEY WERE TERRIBLE PARENTS, They shouldn't be able to adopt a pet. 50 yrs ago a child cost $10,000, today differ, but when my husband was 16 his adopted mother took $10,000 life Ins. Pol. out on him because she sure wanted her money back. When they died he found out somethings about his adoption. All was a lie, it was a open adoption and they said is wasn't. They hid the adoption papers untill after they died. How selfish & sad. Now he doesn't even want to know his real parents IF they are alive, because he's so afraid of EVERYTHING, that he's quit. I feel sorry for him and he dosen't even know where or who he comes from. So Sick About This I Could Cry For My Husband, but I can't fix it. :(
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jellymomma 8-08-2008 @ 8:54PM
the comments to this story show a total lack of knowledge on surrogacy in the United States. baby M happened over 15 years ago and is in no way a reflection of how surrogacy happens now. there are contracts, pre-birth orders, and other legal safeguards that give the surrogate no rights to a child to which she has no biological connection. are there some bad apples in the surrogacy world, sure but the vast majority of cases never have a problem.
sure those of us who are unable to have our own child could adopt. let me put it to you this way, if you had the choice of bringing a child into your life whose entire "family" came along with them who would forever be apart of your life, or taking a toddler from an entirely different culture; or having an infant who you took home from the hospital from the moment they were born what would you choose? like the vast majority of people who have their own biological children before they run out and adopt, i am sure you would rather have your child from the moment they drew breath without other people with a parental claim looking over your shoulder. i am an adopted child and nothing would have been worse than having my bio parents in my life as a child.
i lost my ability to carry my own children because of medical issues. we are using a surrogate to have our family, and i could not be more grateful that there are women out there who are willing to help us do this. people who make disparaging comments about this process are just uneducated about the process. until you are in this situation it is impossible to say what you would do. just keep that in mind before you go spouting off.
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Surromama 8-08-2008 @ 11:17PM
As a Gestational Carrier (Surrogate), Thank You Jellymomma for your comments!
Roberta 8-08-2008 @ 9:16PM
My daughter had a miscarriage last year. She has been trying for a long long time to concieve a child. Every day you hear of some poor baby being killed, left in a dumpster, beaten to death, badly abused, left to die in a hot car, etc. Unlike the rich, my daughter and her husband cannot afford an infertility specialist nor did her past insurance cover any such thing. She and her husband also cannot afford to adopt but would be very loving parents. I ask God every day why babies are so abused and why my daughter and her husband who want so much to have a child cannot have one. She would take that baby in a heartbeat if she had the money to go and get it. If the father already knew before the divorce the ruling in India regarding such a situation then he does not deserve to have that baby. How do you agree to bring a child into the world and then decide at the last minute to just dismiss her. Neither the former husband or wife deserved a baby. Nor do the women who have a child every 9 months to stay on welfare, sometimes do not know who the father is and we, as taxpayers, are all left to foot the bill. I would rather see my tax money go toward someone like my daughter who really wants a child whom she can financially support and would truly love. Enough said.........
Roberta
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Mom247 9-27-2008 @ 4:31PM
I can't imagine the mom (birth or surrogate) not wanting your own child? I have thought about being a surrogate ... have told my little sister if she can't have kids I would for her.
I hope this ends up a happy ending ... =/
I will hug my kids and tell them I love them an extra time today.
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