What is now
occurring to Chilean couple Jorge Tovar and his wife in Peru should ring a loud
bell for anyone contemplating undertaking surrogacy overseas – to get legal
advice from lawyers at both ends. Mr and
Mrs Tovar underwent surrogacy in Peru and, apparently, followed the advice of
the fertility clinic in Peru that when the child was born, Mrs Tovar was to be
named as the mother. Apparently, Peru
has no laws about surrogacy but follows the age old legal presumption that the
mother is always certain, i.e. the woman who gave birth is named as the
mother. Therefore, whoever is named on
the birth certificate is deemed to be the mother.
All was
going well for Mr and Mrs Tovar until they got a delayed flight, which set them
back 24 hours. The result? They arrived in Peru after their twins were
born. Mrs Tovar was named on the birth
certificate as the mother.
When they
went to leave Peru, an eagle eyed official noted that the day of their arrival
was after the children were born and yet Mrs Tovar was named as the mother. The couple were then arrested on child
trafficking charges and are being held in prison pending the outcome of the
case. In the meantime, the children are
in the care of State authorities.
Anyone who
is contemplating undertaking surrogacy overseas – please oh please get legal
advice from lawyers who know what they are doing in both countries before you
start.
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