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Whitehead gave birth to a girl, known in court papers as Baby M, she changed her mind: She wanted to keep the baby, who was biologically her daughter, as she had used her own egg for the pregnancy. A protracted legal battle ensued, and the New Jersey Supreme Court eventually ruled that surrogacy contracts went against public policy.

The Sterns won custody of the baby.

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In the wake of that case, some states, including New York, banned surrogacy. But that trend has reversed in recent years.

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Washington State and New Jersey legalized paid surrogacy last year, joining about a dozen other states. Many other states allow it under certain circumstances or have no laws on the topic, effectively permitting it. Between and in the United States, more than 18, infants were born through gestational surrogacy, where the carrier is not related to the fetus.

Of those, 10, were born after , according to data from the Centers for Disease Control and Prevention. Yet the opposite has happened internationally.


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Surrogacy is illegal in most of Europe. That was the concern outlined by Ms. Steinem in a letter to Mr. Cuomo several months ago, opposing the New York bill. In a new message being distributed to lawmakers this week, Ms.

Surrogate offered $10,000 to abort baby

In a sign of how divisive the issue was, Senator Liz Krueger, one of the most outspoken progressive members of the Legislature, voted against the bill. Krueger said on the Senate floor. Under current New York law, paid surrogacy is punishable by a fine. Gay couples and single parents tend to look abroad to bear children with surrogates. For many years, India — where costs are low but the standard of medical care is generally high — was the preferred surrogacy option for Israelis, but a change to the law there in prevented gay men and couples who had been married for less than two years from engaging surrogate mothers.

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The shift in the law caught many Israelis midway through the surrogacy process. The Indian women traveled to Nepal to give birth and the Israeli surrogacy agencies then switched their operations from India to Nepal.

The first Israeli baby was born to a surrogate mother in Nepal in January , and it is now the destination of choice for Israelis who do not have access to surrogacy in Israel. But while the Israeli government scrambled to evacuate the 26 Israeli newborns and their Israeli parents from Nepal, a further women, some Nepalese, some Indian, are still carrying babies for Israelis. The Israeli Attorney General Yehuda Weinstein said he would allow the most heavily pregnant to be flown to Israel to give birth and outgoing Interior Minister Gilad Erdan promised to remove immigration hurdles for the rest.

The ordeal of the infants and their surrogates has dominated the news coverage of the quake here, with some pundits criticizing the use of government funds to send a rescue mission, and others demanding that Israel reevaluate its own surrogacy laws in the wake of the crisis. An opinion piece in the Haaretz newspaper went one step further, accusing the Israeli public of showing selective empathy by focusing only on the newborn infants, and not the women who had carried them.

Officials on Tuesday said they were continuing to explore options for evacuating the pregnant women. On Tuesday, all of the infants underwent medical examinations in Israel, and two remained hospitalized.


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The future of Israeli surrogacy in Nepal remains up in the air. Contact us at editors time. An Israeli gay man carries his baby born to a surrogate mother in Nepal as he is cheered by relatives at Ben Gurion airport near Tel Aviv on April 28, , following his repatriation from the quake-hit Himalayan nation.