Wednesday, September 12, 2018
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.