Two American gay dads are taking a surrogacy agency in India to court after discovering the children given over to them were not genetically theirs.
Adam Berman said he realized he had been ‘cheated’ by the surrogacy clinic while undergoing the application process to take his newborn child back to the US. He had sent his sperm to the Delhi clinic via a cargo company and was later told his surrogate had given birth to a baby boy. But tests revealed the child given to Berman was not his biological son.
Meanwhile, Morgan Newton and his partner were overjoyed to become dads to twins after using the agency. The couple asked that Newton’s sperm be used for the surrogate process, but reportedly later found out they had instead used Newton’s partner’s.
Surrogacy agency in India ‘misusing foreign sperm’
Taking the Surrogacy Center India and Isis Hospital IVF to court, Newton filed a claim that he believes the agency is misusing the sperm of foreign nationals without their consent, and for unknown motives.
And Berman expressed concern that the agency was running a ‘racket’ that forced young and poor Indian women to become surrogate mothers.
Berman also said the agency was guilty of threatening clients like him with giving the babies away to orphanages if they did not claim parentage of the child.
Unregulated surrogacy in developing countries
While the case presses on, the good news is that all three children have found parents in their gay dads, who have embraced them into their families.
Berman adopted his non-biological son so that he could take him back to the US on ‘humanitarian parole’.
The case reveals the depth of problems with the surrogacy industry in developing countries, which many gay couples feel forced to use because their own countries have made commercial surrogacy illegal.
And as more countries around the world have elected to outlaw international surrogacy – including Thailand, India and Nepal – people are relying on even more ‘unknowns’, such as the surrogacy industry in Cambodia, as the only remaining option for having their own families.
There are even reports of Indian surrogacy agencies, now deprived of their international business, setting up in Cambodia to dodge new Indian law.
Meanwhile, in Australia, surrogacy advocates are calling for the current governmental review of surrogacy policy to legalize commercial surrogacy in the country, arguing it would cut down on cases of surrogacy gone wrong abroad.
h/t: Times of India