[Draft 5] - Surrogacy, Parenthood and Citizenship

[Simone Republic]

Motivation

This fills a gap in WA laws regarding surrogacy, in particular differences between the laws of different states with regards to the rights of the surrogate carrier (which, in this instance, I only refer to anyone who is not biologically related to the legal parent(s).


Notes

1. All the statements in this resolution are absolute - there are no anti-contradiction clauses. I've kept detailed notes on exactly where certain issues become problematic (because of 616 and other citizenship related battles) and hopefully have caught all contradictions myself.
2. (5)(b) is a result of GA552.
3. (6)(b) was added due to the 2005 change in UK law allowing children once they reach 18 to try to contact their sperm donors. I believe this is a bad idea personally on the grounds that I believe the legal parents of those conceived through sperm/egg donations are 100% their parents, and believe that donors have a right to decline contact.

Whether DNA testing should be required before (say) marriage (on the rather extremely unlikely grounds of someone marrying their close biological relatives, for example) is not regulated in this resolution.

https://www.spermdonation.nhs.uk/sperm- ... nd-the-law


Draft 5

The World Assembly (WA),

Noting previous related resolutions including GARs 217, 286, 297, 499 and 552;

Noting that some WA individuals cannot physically give birth, but desire raising children;

Believing that the WA is the optimal forum to resolve disputes over citizenship, birth rights, and other matters, especially if cross-border disputes arise, such as if donors, surrogates, and legal parent(s) are from different WA states via fertility tourism;

The WA enacts as follows:

1. Definitions.
   
   1. "Birth" means the birth of a child of a biological lifeform.
   2. "Donor" means anyone who donates gametes or embryos to help someone (including a surrogate) give birth.
   3. "Donor offspring" means anyone conceived and born with the assistance of donors and/or surrogates.
   4. "Surrogate" means anyone carrying an embryo through birth as a gestational carrier.
2. Donors and surrogates.
   
   1. No WA state may prohibit surrogacy or the donation of gametes anywhere within their jurisdiction.
   2. No WA state may prohibit surrogates or donors from receiving any payments or benefits for their acts.
   3. No WA state may prohibit the use of scientifically validated techniques to ensure the viability of the embryo.
   4. No individual may be compelled to act as a donor or surrogate.
   5. No individual who is legally incompetent in a WA state may act as a donor or surrogate.
   6. No WA state may restrict any individual from receiving surrogacy services due to the ethnicity or gender (identified or assigned at birth) of that individual.
3. Medical history.
   
   1. No WA state may restrict anyone from acting as a donor or surrogate except for compelling and scientifically valid medical reasons.
   2. Donors and surrogates are required to fully disclose their medical history (to the best of their knowledge) prior to acting as such, subject to local laws.
4. Legal parenthood.
   
   1. The individual(s) who agreed in writing to become parents prior to the start of accepting any donations of gametes or any surrogacy procedures are deemed the legal parent(s) of the donor offspring, and shall be recognised as legally valid in all WA states and by all WA committees.
   2. Donors and surrogates have no claim in any WA state to be a parent of the child and have no legal or financial obligations towards any donor offspring.
5. Citizenship and nationality.
   
   1. Entitlements to citizenship or nationality for donor offspring are solely based on the entitlements of the legal parent(s) of the child.
   2. In WA states with bloodline or jus sanguinis citizenship and nationality laws, the WA state must define that the legal parent(s) of donor offspring are also their biological parent(s) if this definition is beneficial to the donor offspring or helps reduce statelessness.
6. Donor offspring.
   
   1. A donor offspring has a right to know, upon attaining legal competence, (i) that they were conceived via such methods, and (ii) the medical history of any donors or surrogates on an anonymous basis.
   2. This resolution does not dictate if donors or surrogates can be anonymous. However, no WA state may compel a donor or surrogate to maintain any form of contact with any donor offspring.
7. WA committees.
   
   1. Health care related facilities operated by WA committees shall also offer health care services related to pregnancy in WA states where services available locally are deemed inadequate, as well as territory under the jurisdiction of the WA itself, and the WA headquarters.
   2. The aforesaid services shall at a minimum include surrogacy, gametes donations, health checks, treatment of pregnancy complications, and other pregnancy-related health care services, including abortions. All aforesaid services shall be available to all end-users free of charge and up to the time of birth.
8. Interpretation Singular terms (such as "parent") include the plural and vice versa. In case of disputes involving multiple WA states, such as over citizenship rights, the Judiciary Committee shall have jurisdiction.

Char count: 4,129

[The Overmind]

Unless you want to encourage eugenics, I suggest changing "health of [...] the embryo" in 2.c to "viability of the embryo." If you need something stronger for cases where the embryo may be viable but carrying it to term will result in it having no quality of life, I would be specific about that. As in, "no WA state may prohibit the use of genetic testing or other scientifically validated techniques to ensure the viability of the embryo, or that any such embryo carried to term will have a reasonable quality of life." (Note: this should not be construed to mean that the termination of the pregnancy of an implanted embryo must be predicated upon such reasoning.)

[Simone Republic]

Unless you want to encourage eugenics, I suggest changing "health of [...] the embryo" in 2.c to "viability of the embryo." If you need something stronger for cases where the embryo may be viable but carrying it to term will result in it having no quality of life, I would be specific about that. As in, "no WA state may prohibit the use of genetic testing or other scientifically validated techniques to ensure the viability of the embryo, or that any such embryo carried to term will have a reasonable quality of life." (Note: this should not be construed to mean that the termination of the pregnancy of an implanted embryo must be predicated upon such reasoning.)

I'd take the word "viability". The reason is that the resolution is deliberately designed to be extremely minimalist (to avoid any issues with past resolutions and to reduce the number of arguments). The termination is reliant on 499 which already allows any kind of abortions anyway, so it's best to dodge the quality of life issue.

[The Overmind]

Unless you want to encourage eugenics, I suggest changing "health of [...] the embryo" in 2.c to "viability of the embryo." If you need something stronger for cases where the embryo may be viable but carrying it to term will result in it having no quality of life, I would be specific about that. As in, "no WA state may prohibit the use of genetic testing or other scientifically validated techniques to ensure the viability of the embryo, or that any such embryo carried to term will have a reasonable quality of life." (Note: this should not be construed to mean that the termination of the pregnancy of an implanted embryo must be predicated upon such reasoning.)

I'd take the word "viability". The reason is that the resolution is deliberately designed to be extremely minimalist (to avoid any issues with past resolutions and to reduce the number of arguments). The termination is reliant on 499 which already allows any kind of abortions anyway, so it's best to dodge the quality of life issue.

This is fine

[Tigrisia]

OOC: This is for personal reasons.

As we are a child-first nation that strives to be the best nation for any child to live in, we reject clause 2 j). We believe that it is important for the development of a child to know of their heritage.

For the delegation of the Federal Republic of Tigrisia at the World Assembly
Ambassador Thomas Salazar
Head of Mission

[Simone Republic]

OOC: This is for personal reasons.

As we are a child-first nation that strives to be the best nation for any child to live in, we reject clause 2 j). We believe that it is important for the development of a child to know of their heritage.

There's a difference. It does not restrict the child from knowing about their heritage or for something like health or DNA matching reasons. The only thing it restricts (and I am definitely not going to change it) is that I do not want to be contacted as a sperm donor by the children that originate from my sperm donation. I believe 110% that the legal parents of those children are 110% their parents.

I've rephrased this as clause 4 now as that should be clearer.

[Simone Republic]

Bump on the Simone Republic bumper.

And, yes, for the avoidance of doubt, my posts in GA are not related to my GP IC character.

[Simone Republic]

Draft 1

The World Assembly (WA),

Noting that some WA individuals are unable to naturally give birth, but desires raising children;

Believing that the WA is the optimal forum to resolve disputes over citizenship, birth rights, and other matters, especially if cross-border disputes arise;

The WA hereby enacts as follows:

1. Definitions.
   
   1. "Birth" means the biological birth of a child. In this resolution, births exclude newly created artificial intelligence or other non-biological lifeforms. "Partial birth" is not birth in this resolution.
   2. "C+" means WA Choice Plus and its facilities.
   3. "IVF" means in-vitro fertilisation.
   4. "JC" means the WA Judiciary Committee.
   5. "Surrogacy" includes, for convenience, carrying an embryo through birth as well as the birth of a child through IVF, artificial insemination, embryo transfer to a surrogate, vat-grown embryos or other scientific means of surrogacy, and births involving donations of gametes from donors (“donors”).
   6. "Surrogate" means an individual who gives birth to a child on behalf of another individual through surrogacy.
   7. "WAHQ" means the WA Headquarters.
2. Surrogates.
   
   1. No WA state may prohibit stand-alone IVF or surrogacy services to be provided within their jurisdiction.
   2. No WA state may prohibit donors or surrogates from receiving any benefits for their acts.
   3. No individual may be compelled to donate or act as a surrogate.
   4. No WA state may restrict whether the intended legal parent(s) of the child born via surrogacy are involved in the process through donations of gametes, and the (identified or biological) gender of the parent(s).
   5. No WA state may prohibit the use of genetic testing and other scientifically validated techniques to ensure the viability of the embryo.
   6. Donors or surrogates are required to fully disclose their medical history (to the best of their knowledge) prior to acting as a donor or surrogate, subject to local laws on privacy and other matters.
   7. Such medical history may be disclosed to the legal parent(s) on an anonymous basis.
3. Parenthood.
   
   1. The individual(s) who agreed in writing to become parents prior to the start of any IVF and surrogacy procedures are deemed the legal parent(s) of the child, subject to the judicial and administrative processes of that WA state.
   2. Donors or surrogates have no claim to be a parent of the child and have no legal or financial obligations towards any child conceived through their acts.
   3. All WA states shall ascribe life (including personhood and sapiency) to begin at birth. Entitlements to citizenship (including dual citizenship and nationalities, if any) shall also begin at birth.
   4. No child born with the help of donors or surrogates within the jurisdiction of a WA state may be born stateless.
4. Contacts for individuals born via surrogacy (IBVS).
   
   1. IBVSs have a right to know that they were born via surrogacy after they reach the age of legal competence in the WA state in which they reside, and the medical history of any donors on an anonymous basis.
   2. IBVSs have a right to contact the surrogate(s) or donor(s) if they desire. Such contact shall be by way of the WA state or C+ acting as an intermediary, with no contact information on the surrogate or donor shared with the IBVSs.
   3. Donors or surrogates have a right to decline contact from IBVSs for any reason.
5. C+ role.
   
   1. C+ shall establish stand-alone facilities for abortion, IVF and surrogacy services, as well as services to fully support anyone pregnant, such as amniocentesis, at convenient, accessible and popular locations in all WA states, if C+ determines that such services are not otherwise available.
   2. C+ shall also offer referral services for anyone pregnant to become surrogates as well as adoption services.
   3. All services of C+ shall be available to users up to the time of birth.
   4. C+ shall also have facilities at WAHQ to offer the services stated in sub-clause (5)(a). C+ services within WAHQ are offered free of charge to the end user.
6. Jurisdiction.
   
   1. JC is responsible for ensuring that anyone born under the circumstances of sub-clause (3)(e), or born on the premises of WAHQ, are granted citizenship in at least one WA state, through any means as JC deems necessary.
   2. A WA state has jurisdiction over this resolution within the jurisdiction of that state, except for sub-clauses (3)(e) and (5)(a) for which JC retains jurisdiction. C+ retains jurisdiction on its own services.
   3. In case of disputes involving multiple WA states, such as between donors or surrogates from one WA state and legal parents from another WA state, the WA state from which the donor or surrogate originates has jurisdiction.

Gone to Draft 2.

[Tinhampton]

I have no idea what the bits on abortion are doing in this proposal.
- WA Choice Plus clinics are already required to offer abortion services in those places where it believes that such services are in short supply, as per GA#499 article 4.
- Members are already required to fund travel to WA Choice Plus clinics for people living in WAHQ who seek abortions, as per GA#499 article 4a, because it is assumed there are no abortion clinics at WAHQ and because all non-gnome workers are there on behalf of some member state or another. (Arguably such funding may be delivered by any member state because that article only provides for funding by "members;" no citizenship or residency link is needed.)
- There's no serious risk of GA#499 being repealed, with or without replacement. I should know, I've tried...

(I also think OBM has long authorised the construction of a hospital on WAHQ site by now.)

[Simone Republic]

Draft 3

The World Assembly (WA),

Noting previous resolutions on related topics including GA217 and GA297;

Noting that some WA individuals cannot physically give birth, but desire raising children of their own bloodline;

Believing that the WA is the optimal forum to resolve disputes over citizenship, birth rights, and other matters, especially if cross-border disputes arise, such as if donors, surrogates, and legal parent(s) are from different WA states;

The WA hereby enacts as follows:

1. Definitions.
   
   1. "Birth" means the biological birth of a child. "Births" exclude newly created artificial intelligence or other non-biological lifeforms, as well as "partial births" (such as polar bears).
   2. "C+" means WA Choice Plus and its facilities.
   3. "Donor" means anyone who donates gametes for surrogacy.
   4. "JC" means the WA Judiciary Committee.
   5. "Surrogacy" includes carrying an embryo through birth as a surrogate. In this resolution, this includes embryo transfers to a surrogate, vat-grown embryos and other means of surrogacy, and births involving gametes from donors.
   6. "WAHQ" means the WA Headquarters.
2. Surrogates.
   
   1. No WA state may prohibit IVF or surrogacy services to be provided anywhere within their jurisdiction.
   2. No WA state may prohibit surrogates from receiving any benefits for their acts.
   3. No individual may be compelled to act as a surrogate.
   4. No WA state may restrict surrogacy services to anyone due to the identified or biological gender of an individual desiring such services, or whether the gametes of that individual is involved in the said surrogacy.
   5. No WA state may prohibit the use of genetic testing and other scientifically validated techniques to ensure the viability of the embryo.
   6. Donors are required to fully disclose their medical history (to the best of their knowledge) prior to acting as a donor, subject to local laws on privacy and other matters.
3. Parenthood.
   
   1. The individual(s) who agreed in writing to become parents prior to the start of any IVF and surrogacy procedures are deemed the legal parent(s) of the child, subject to the rules of that WA state. Such parenthood shall be duly recognised as such in all WA states.
   2. Surrogates have no claim in any WA state to be a parent of the child and have no legal or financial obligations towards any child conceived through their acts.
   3. All WA states shall ascribe life to begin at birth. Entitlements to citizenship (including dual citizenship and nationalities) shall also begin at birth.
   4. Entitlements to citizenship for the newborn child are solely based on the entitlements of the legal parent(s) of the child.
   5. No child born with the help of donors or surrogates within the jurisdiction of a WA state may be born stateless.
4. Contacts for individuals born via surrogacy (IBVS).
   
   1. IBVSs have a right to know, upon attaining legal competence, that (i) they were born via surrogacy (or donation of gametes), and (ii) the medical history of any surrogates on an anonymous basis.
   2. IBVSs have a right to contact the surrogates if they desire. Such contact shall be by way of the WA state or C+ acting as an intermediary, with no contact information on surrogates shared with the IBVSs.
   3. Surrogates have an absolute right to decline any or all contact from IBVSs without giving any reasons.
5. C+ role.
   
   1. C+ shall establish stand-alone facilities for abortion, IVF and surrogacy services, as well as services to fully support anyone pregnant, such as amniocentesis, at convenient, accessible and popular locations in all WA states, if C+ determines that such services are not otherwise available or affordable.
   2. C+ shall also offer referral services for anyone pregnant to become surrogates as well as adoption services.
   3. All services of C+ shall be available to users up to the time of birth.
   4. C+ shall also have facilities at WAHQ to offer the services stated in sub-clause (5)(a). C+ services within WAHQ are offered free of charge to the end user.
6. Jurisdiction.
   
   1. JC is responsible for ensuring that anyone in the circumstances mentioned in sub-clause (3)(e), or born on the premises of WAHQ, are granted citizenship in at least one WA state, through any means as JC deems necessary.
   2. A WA state has jurisdiction over this resolution within that state, except for sub-clauses (3)(e) and (5)(a) for which JC retains jurisdiction.
   3. Singular terms (such as "parent") include the plural and vice versa.
   4. In case of disputes involving multiple WA states, JC shall have jurisdiction on a de novo basis.

Draft 2

The World Assembly (WA),

Noting that some WA individuals are unable to naturally give birth, but desires raising children;

Believing that the WA is the optimal forum to resolve disputes over citizenship, birth rights, and other matters, especially if cross-border disputes arise, such as if donors, surrogates, and legal parent(s) are from different WA states;

The WA hereby enacts as follows:

1. Definitions.
   
   1. "Birth" means the biological birth of a child. "Births" exclude newly created artificial intelligence or other non-biological lifeforms, as well as "partial births" (such as polar bears).
   2. "C+" means WA Choice Plus and its facilities.
   3. "Donor" means anyone who donates gametes for IVF or surrogacy.
   4. "IVF" means in-vitro fertilisation.
   5. "JC" means the WA Judiciary Committee.
   6. "Surrogacy" includes carrying an embryo through birth, as well as, for convenience, the birth of a child through IVF as well as embryo transfers to a surrogate, vat-grown embryos and other means of surrogacy, and births involving gametes from donors.
   7. "Surrogate" means an individual who gives birth to a child on behalf of another individual through surrogacy. For convenience where appropriate, "donors" in this resolution include "surrogates".
   8. "WAHQ" means the WA Headquarters.
2. Surrogates.
   
   1. No WA state may prohibit IVF or surrogacy services to be provided anywhere within their jurisdiction.
   2. No WA state may prohibit surrogates from receiving any benefits for their acts.
   3. No individual may be compelled to act as a surrogate.
   4. No WA state may restrict surrogacy services to anyone due to the identified or biological gender of an individual desiring such services, or whether the gametes of that individual is involved in the said surrogacy.
   5. No WA state may prohibit the use of genetic testing and other scientifically validated techniques to ensure the viability of the embryo.
   6. Donors are required to fully disclose their medical history (to the best of their knowledge) prior to acting as a donor, subject to local laws on privacy and other matters.
3. Parenthood.
   
   1. The individual(s) who agreed in writing to become parents prior to the start of any IVF and surrogacy procedures are deemed the legal parent(s) of the child, subject to the rules of that WA state. Such parenthood shall be duly recognised as such in all WA states.
   2. Surrogates have no claim in any WA state to be a parent of the child and have no legal or financial obligations towards any child conceived through their acts.
   3. All WA states shall ascribe life to begin at birth. Entitlements to citizenship (including dual citizenship and nationalities) shall also begin at birth.
   4. Entitlements to citizenship for the newborn child are solely based on the entitlements of the legal parent(s) of the child.
   5. No child born with the help of donors or surrogates within the jurisdiction of a WA state may be born stateless.
4. Contacts for individuals born via surrogacy (IBVS).
   
   1. IBVSs have a right to know, upon attaining legal competence, that (i) they were born via surrogacy (or donation of gametes), and (ii) the medical history of any surrogates on an anonymous basis.
   2. IBVSs have a right to contact the surrogates if they desire. Such contact shall be by way of the WA state or C+ acting as an intermediary, with no contact information on surrogates shared with the IBVSs.
   3. Surrogates have an absolute right to decline any or all contact from IBVSs without giving any reasons.
5. C+ role.
   
   1. C+ shall establish stand-alone facilities for abortion, IVF and surrogacy services, as well as services to fully support anyone pregnant, such as amniocentesis, at convenient, accessible and popular locations in all WA states, if C+ determines that such services are not otherwise available or affordable.
   2. C+ shall also offer referral services for anyone pregnant to become surrogates as well as adoption services.
   3. All services of C+ shall be available to users up to the time of birth.
   4. C+ shall also have facilities at WAHQ to offer the services stated in sub-clause (5)(a). C+ services within WAHQ are offered free of charge to the end user.
6. Jurisdiction.
   
   1. JC is responsible for ensuring that anyone in the circumstances mentioned in sub-clause (3)(e), or born on the premises of WAHQ, are granted citizenship in at least one WA state, through any means as JC deems necessary.
   2. A WA state has jurisdiction over this resolution within that state, except for sub-clauses (3)(e) and (5)(a) for which JC retains jurisdiction.
   3. In case of disputes involving multiple WA states, JC shall have jurisdiction.

Char count: 4,755

I have no idea what the bits on abortion are doing in this proposal.
- WA Choice Plus clinics are already required to offer abortion services in those places where it believes that such services are in short supply, as per GA#499 article 4.
- Members are already required to fund travel to WA Choice Plus clinics for people living in WAHQ who seek abortions, as per GA#499 article 4a, because it is assumed there are no abortion clinics at WAHQ and because all non-gnome workers are there on behalf of some member state or another. (Arguably such funding may be delivered by any member state because that article only provides for funding by "members;" no citizenship or residency link is needed.)
- There's no serious risk of GA#499 being repealed, with or without replacement. I should know, I've tried...

(I also think OBM has long authorised the construction of a hospital on WAHQ site by now.)

I've axed the bits on abortion but kept the bit on there being a WA C+ clinic in WAHQ. (I am aware I am a bit lazy in spelling Choice Plus as C+).

[The Ice States]

I agree with Tigrisia that (what is now) 4c should go; the second sentence of 4b also seems unnecessary. I would also define the acronym "IVF". Otherwise this looks good to me!

[Simone Republic]

I agree with Tigrisia that (what is now) 4c should go; the second sentence of 4b also seems unnecessary. I would also define the acronym "IVF". Otherwise this looks good to me!

Personally, I've re-worded 4(c) to "donors are not required under this resolution to respond to such contact" so it's left up to individual states. The reason is stated above (I declined contact as a sperm donor in the UK).

All the references to IVF are removed since IVF don't involve donors. There's now a definition between traditional and gestational surrogacy (see below) to avoid complications with the language (complicated as it is).

[Tinhampton]

Why is most of Article 2 written as "member states must not prohibit X?" The normal formulation is "member states must allow X."

Why is Article 3c necessary when it's very unlikely that GA#499 (nor GA#552: "All children shall receive their citizenship(s) at birth...") will be repealed any time soon, as I said?

What does Article 3e imply? That is to say, which nationality are the children to get? (And why should this protection only be for surrogate children rather than ALL children? Particularly when GA#552 already offers such protections, as I said.)

How will Article 4c work if the contact details of surrogates are hidden from the children they carried? This would imply that the surrogates have to know that their children, rather than some random fangirl or a door-to-door salesman, are trying to contact them.

My concerns on abortion are valid once again - since the relevant sections appear to have been reintroduced without notice - and I can't support this proposal until they're re-removed. With that said, I note that Article 5b says that WACP must "offer referral services for anyone pregnant to become surrogates." Does this mean that if a woman seeking an abortion comes into a WACP clinic to get an abortion, she has to be told by one of the receptionists that she should consider carrying that baby as a surrogate instead?

[Simone Republic]

Draft 4

The World Assembly (WA),

Noting previous resolutions on related topics including GA217 and GA297;

Noting that some WA individuals cannot physically give birth, but desire raising children;

Believing that the WA is the optimal forum to resolve disputes over citizenship, birth rights, and other matters, especially if cross-border disputes arise, such as if donors, surrogates, and legal parent(s) are from different WA states;

The WA hereby enacts as follows:

1. Definitions.
   
   1. "Birth" means the biological birth of a child. "Births" exclude newly created artificial intelligence or other non-biological lifeforms, as well as "partial births" (such as polar bears).
   2. "C+" means WA Choice Plus and its facilities.
   3. "Donor" means anyone who donates gametes for surrogacy.
   4. "JC" means the WA Judiciary Committee.
   5. "Surrogacy" includes carrying an embryo through birth as a surrogate. In this resolution, this includes embryo transfers to a surrogate, vat-grown embryos and other means of surrogacy, and births involving gametes from donors.
   6. "WAHQ" means the WA Headquarters.
2. Surrogates.
   
   1. No WA state may prohibit surrogacy services to be provided anywhere within their jurisdiction.
   2. No WA state may prohibit surrogates from receiving any benefits for their acts.
   3. No individual may be compelled to act as a surrogate.
   4. No WA state may restrict surrogacy services to anyone due to the identified or biological gender of an individual desiring such services, or whether the gametes of that individual is involved in the said surrogacy.
   5. No WA state may prohibit the use of genetic testing and other scientifically validated techniques to ensure the viability of the embryo.
   6. Donors are required to fully disclose their medical history (to the best of their knowledge) prior to acting as a donor, subject to local laws on privacy and other matters.
3. Parenthood.
   
   1. The individual(s) who agreed in writing to become parents prior to the start of any IVF and surrogacy procedures are deemed the legal parent(s) of the child, subject to the rules of that WA state. Such parenthood shall be duly recognised as such in all WA states.
   2. Surrogates have no claim in any WA state to be a parent of the child and have no legal or financial obligations towards any child conceived through their acts.
   3. All WA states shall ascribe life to begin at birth. Entitlements to citizenship (including dual citizenship and nationalities) shall also begin at birth.
   4. Entitlements to citizenship for the newborn child are solely based on the entitlements of the legal parent(s) of the child.
   5. No child born with the help of donors or surrogates within the jurisdiction of a WA state may be born stateless.
4. Contacts for individuals born via surrogacy (IBVS).
   
   1. IBVSs have a right to know, upon attaining legal competence, that (i) they were born via surrogacy (or donation of gametes), and (ii) the medical history of any surrogates on an anonymous basis.
   2. IBVSs have a right to contact the surrogates if they desire. Such contact shall be by way of the WA state or C+ acting as an intermediary, with no contact information on surrogates shared with the IBVSs.
   3. Surrogates have an absolute right to decline any or all contact from IBVSs without giving any reasons.
5. C+ role.
   
   1. C+ shall establish stand-alone facilities for abortion, IVF and surrogacy services, as well as services to fully support anyone pregnant, such as amniocentesis, at convenient, accessible and popular locations in all WA states, if C+ determines that such services are not otherwise available or affordable.
   2. C+ shall also offer referral services for anyone pregnant to become surrogates as well as adoption services.
   3. All services of C+ shall be available to users up to the time of birth.
   4. C+ shall also have facilities at WAHQ to offer the services stated in sub-clause (5)(a). C+ services within WAHQ are offered free of charge to the end user.
6. Jurisdiction.
   
   1. JC is responsible for ensuring that anyone in the circumstances mentioned in sub-clause (3)(e), or born on the premises of WAHQ, are granted citizenship in at least one WA state, through any means as JC deems necessary.
   2. A WA state has jurisdiction over this resolution within that state, except for sub-clauses (3)(e) and (5)(a) for which JC retains jurisdiction.
   3. Singular terms (such as "parent") include the plural and vice versa.
   4. In case of disputes involving multiple WA states, JC shall have jurisdiction on a de novo basis.

Char count: 4,755

Why is most of Article 2 written as "member states must not prohibit X?" The normal formulation is "member states must allow X."

I actually write "WA states must not prohibit X" more often. It's just a stylistic thing I think.

Why is Article 3c necessary when it's very unlikely that GA#499 (nor GA#552: "All children shall receive their citizenship(s) at birth...") will be repealed any time soon, as I said?

What does Article 3e imply? That is to say, which nationality are the children to get? (And why should this protection only be for surrogate children rather than ALL children? Particularly when GA#552 already offers such protections, as I said.)

Cut. The only bits remaining concern births at WAHQ, since as I have (for years now) assumed that the WAHQ is a separate RP community of some kind, with its own bars, hospitals, and what not.

How will Article 4c work if the contact details of surrogates are hidden from the children they carried? This would imply that the surrogates have to know that their children, rather than some random fangirl or a door-to-door salesman, are trying to contact them.

I've re-worded 4c based on the NHS rules. (I basically wrote this resolution as I declined as a donor of gametes to have contact with my biological children, if any).

My concerns on abortion are valid once again - since the relevant sections appear to have been reintroduced without notice - and I can't support this proposal until they're re-removed. With that said, I note that Article 5b says that WACP must "offer referral services for anyone pregnant to become surrogates." Does this mean that if a woman seeking an abortion comes into a WACP clinic to get an abortion, she has to be told by one of the receptionists that she should consider carrying that baby as a surrogate instead?

I changed it to "C+ is to offer adoption services" and restructured it into a separate section on benefits offered by C+.

[Simone Republic]

The World Assembly (WA),

Noting previous resolutions on related topics including GA217 and GA297;

Noting that some WA individuals cannot physically give birth, but desire raising children;

Believing that the WA is the optimal forum to resolve disputes over citizenship, birth rights, and other matters, especially if cross-border disputes arise, such as if donors, surrogates, and legal parent(s) are from different WA states;

The WA hereby enacts as follows:

1. Definitions.
   
   1. "Birth" means the biological birth of a child. "Births" exclude newly created artificial intelligence or other non-biological lifeforms, as well as "partial births" (such as polar bears).
   2. "C+" means WA Choice Plus and its facilities.
   3. "Donor" means anyone who donates gametes for surrogacy.
   4. "JC" means the WA Judiciary Committee.
   5. "Surrogacy" includes carrying an embryo through birth as a surrogate. In this resolution, this includes embryo transfers to a surrogate, vat-grown embryos and other means of surrogacy, and births involving gametes from donors.
   6. "WAHQ" means the WA Headquarters.
2. Surrogates.
   
   1. No WA state may prohibit surrogacy services to be provided anywhere within their jurisdiction.
   2. No WA state may prohibit surrogates from receiving any benefits for their acts.
   3. No individual may be compelled to act as a surrogate.
   4. No WA state may restrict surrogacy services to anyone due to the identified or biological gender of an individual desiring such services, or whether the gametes of that individual is involved in the said surrogacy.
   5. No WA state may prohibit the use of genetic testing and other scientifically validated techniques to ensure the viability of the embryo.
   6. Donors are required to fully disclose their medical history (to the best of their knowledge) prior to acting as a donor, subject to local laws on privacy and other matters.
3. Parenthood.
   
   1. The individual(s) who agreed in writing to become parents prior to the start of any IVF and surrogacy procedures are deemed the legal parent(s) of the child, subject to the rules of that WA state. Such parenthood shall be duly recognised as such in all WA states.
   2. Surrogates have no claim in any WA state to be a parent of the child and have no legal or financial obligations towards any child conceived through their acts.
   3. All WA states shall ascribe life to begin at birth. Entitlements to citizenship (including dual citizenship and nationalities) shall also begin at birth.
   4. Entitlements to citizenship for the newborn child are solely based on the entitlements of the legal parent(s) of the child.
   5. No child born with the help of donors or surrogates within the jurisdiction of a WA state may be born stateless.
4. Contacts for individuals born via surrogacy (IBVS).
   
   1. IBVSs have a right to know, upon attaining legal competence, that (i) they were born via surrogacy (or donation of gametes), and (ii) the medical history of any surrogates on an anonymous basis.
   2. IBVSs have a right to contact the surrogates if they desire. Such contact shall be by way of the WA state or C+ acting as an intermediary, with no contact information on surrogates shared with the IBVSs.
   3. Surrogates have an absolute right to decline any or all contact from IBVSs without giving any reasons.
5. C+ role.
   
   1. C+ shall establish stand-alone facilities for abortion, IVF and surrogacy services, as well as services to fully support anyone pregnant, such as amniocentesis, at convenient, accessible and popular locations in all WA states, if C+ determines that such services are not otherwise available or affordable.
   2. C+ shall also offer referral services for anyone pregnant to become surrogates as well as adoption services.
   3. All services of C+ shall be available to users up to the time of birth.
   4. C+ shall also have facilities at WAHQ to offer the services stated in sub-clause (5)(a). C+ services within WAHQ are offered free of charge to the end user.
6. Jurisdiction.
   
   1. JC is responsible for ensuring that anyone in the circumstances mentioned in sub-clause (3)(e), or born on the premises of WAHQ, are granted citizenship in at least one WA state, through any means as JC deems necessary.
   2. A WA state has jurisdiction over this resolution within that state, except for sub-clauses (3)(e) and (5)(a) for which JC retains jurisdiction.
   3. Singular terms (such as "parent") include the plural and vice versa.
   4. In case of disputes involving multiple WA states, JC shall have jurisdiction on a de novo basis.

Bump

[Tinhampton]

As you seem completely intent on literally ramming abortion up until birth in a proposal that is supposed to be about surrogates, their children, and their rights - and which everybody is going to think is just a proposal about surrogacy rather than anything else... OPPOSED.

[The Overmind]

As you seem completely intent on literally ramming abortion up until birth in a proposal that is supposed to be about surrogates, their children, and their rights - and which everybody is going to think is just a proposal about surrogacy rather than anything else... OPPOSED.

That bodily autonomy is protected by the proposal is, for me, a plus.

[Tinhampton]

As you seem completely intent on literally ramming abortion up until birth in a proposal that is supposed to be about surrogates, their children, and their rights - and which everybody is going to think is just a proposal about surrogacy rather than anything else... OPPOSED.

That bodily autonomy is protected by the proposal is, for me, a plus.

Yes, but:
1. We already have GA#286 and GA#499 to serve similar purposes, and
2. Both 286 and 499 were explicitly tailored towards abortion; their abortion-related provisions were not deceptively inserted into Article 5 of a proposal about an apparently-tangential-if-not-unrelated issue.

[Simone Republic]

Draft 4

The World Assembly (WA),

Noting previous resolutions on related topics including GA217 and GA297;

Noting that some WA individuals cannot physically give birth, but desire raising children;

Believing that the WA is the optimal forum to resolve disputes over citizenship, birth rights, and other matters, especially if cross-border disputes arise, such as if donors, surrogates, and legal parent(s) are from different WA states;

The WA hereby enacts as follows:

1. Definitions.
   
   1. "Birth" means the biological birth of a child. "Births" exclude newly created artificial intelligence or other non-biological lifeforms, as well as "partial births" (such as polar bears).
   2. "C+" means WA Choice Plus and its facilities.
   3. "Donor" means anyone who donates gametes for surrogacy.
   4. "JC" means the WA Judiciary Committee.
   5. "Surrogacy" includes carrying an embryo through birth as a surrogate. In this resolution, this includes embryo transfers to a surrogate, vat-grown embryos and other means of surrogacy, and births involving gametes from donors.
   6. "WAHQ" means the WA Headquarters.
2. Surrogates.
   
   1. No WA state may prohibit surrogacy services to be provided anywhere within their jurisdiction.
   2. No WA state may prohibit surrogates from receiving any benefits for their acts.
   3. No individual may be compelled to act as a surrogate.
   4. No WA state may restrict surrogacy services to anyone due to the identified or biological gender of an individual desiring such services, or whether the gametes of that individual is involved in the said surrogacy.
   5. No WA state may prohibit the use of genetic testing and other scientifically validated techniques to ensure the viability of the embryo.
   6. Donors are required to fully disclose their medical history (to the best of their knowledge) prior to acting as a donor, subject to local laws on privacy and other matters.
3. Parenthood.
   
   1. The individual(s) who agreed in writing to become parents prior to the start of any IVF and surrogacy procedures are deemed the legal parent(s) of the child, subject to the rules of that WA state. Such parenthood shall be duly recognised as such in all WA states.
   2. Surrogates have no claim in any WA state to be a parent of the child and have no legal or financial obligations towards any child conceived through their acts.
   3. All WA states shall ascribe life to begin at birth. Entitlements to citizenship (including dual citizenship and nationalities) shall also begin at birth.
   4. Entitlements to citizenship for the newborn child are solely based on the entitlements of the legal parent(s) of the child.
   5. No child born with the help of donors or surrogates within the jurisdiction of a WA state may be born stateless.
4. Contacts for individuals born via surrogacy (IBVS).
   
   1. IBVSs have a right to know, upon attaining legal competence, that (i) they were born via surrogacy (or donation of gametes), and (ii) the medical history of any surrogates on an anonymous basis.
   2. IBVSs have a right to contact the surrogates if they desire. Such contact shall be by way of the WA state or C+ acting as an intermediary, with no contact information on surrogates shared with the IBVSs.
   3. Surrogates have an absolute right to decline any or all contact from IBVSs without giving any reasons.
5. C+ role.
   
   1. C+ shall establish stand-alone facilities for abortion, IVF and surrogacy services, as well as services to fully support anyone pregnant, such as amniocentesis, at convenient, accessible and popular locations in all WA states, if C+ determines that such services are not otherwise available or affordable.
   2. C+ shall also offer referral services for anyone pregnant to become surrogates as well as adoption services.
   3. All services of C+ shall be available to users up to the time of birth.
   4. C+ shall also have facilities at WAHQ to offer the services stated in sub-clause (5)(a). C+ services within WAHQ are offered free of charge to the end user.
6. Jurisdiction.
   
   1. JC is responsible for ensuring that anyone in the circumstances mentioned in sub-clause (3)(e), or born on the premises of WAHQ, are granted citizenship in at least one WA state, through any means as JC deems necessary.
   2. A WA state has jurisdiction over this resolution within that state, except for sub-clauses (3)(e) and (5)(a) for which JC retains jurisdiction.
   3. Singular terms (such as "parent") include the plural and vice versa.
   4. In case of disputes involving multiple WA states, JC shall have jurisdiction on a de novo basis.

That bodily autonomy is protected by the proposal is, for me, a plus.

Yes, but:
1. We already have GA#286 and GA#499 to serve similar purposes, and
2. Both 286 and 499 were explicitly tailored towards abortion; their abortion-related provisions were not deceptively inserted into Article 5 of a proposal about an apparently-tangential-if-not-unrelated issue.

Onto Draft 5. Note that there is quite a bit of difference between Draft 4 and Draft 5 - I simplified the language quite a bit. The bit on abortions is now in Clause (7)(b) and I have referenced GA286 and GA552 (about jus sanguinis) as well. I also broadened abortionplexs to include any health care facilities operated by WA, not just Choice Plus. I don't think it's really deceptive - I explicitly spell out "including abortions" in this draft now.

[Bananaistan]

"Opposed. Member states are perfectly capable of handling this on their own and with far greater nuance than the incredibly blunt section 4. EG what happens if the legal parents die or are rendered incompetent between the start of the surrogate pregnancy and the birth?"

[Simone Republic]

"Opposed. Member states are perfectly capable of handling this on their own and with far greater nuance than the incredibly blunt section 4. EG what happens if the legal parents die or are rendered incompetent between the start of the surrogate pregnancy and the birth?"

(Ooc)

That would follow to what happens to them as biological parents, so maybe grandparents and other relatives. I am quite interested in protection that the surrogates don't end up having to raise children.

That bodily autonomy is protected by the proposal is, for me, a plus.

Yes, but:
1. We already have GA#286 and GA#499 to serve similar purposes, and
2. Both 286 and 499 were explicitly tailored towards abortion; their abortion-related provisions were not deceptively inserted into Article 5 of a proposal about an apparently-tangential-if-not-unrelated issue.

Would a title like "Surrogacy, Parenthood and Citizenship" or something similar make you feel better?

[Simone Republic]

Er, bump.

[Wallenburg]

"Donor" currently includes all parents of naturally-conceived offspring, and "surrogate" all those who gestate them. This hardly seems the intended function of the proposal.

3(b) is dangerously broad and invasive. One's personal medical information is incredibly sensitive. Requiring donors and surrogates to reveal all of this to the public, as if their very bodies are part of the public commons, is an outrageous violation of privacy.

[Saxe Cobourg]

This resolution contains some important sections we would like to support, however, in its current form we cannot. I wonder if the author can find a way to alleviate our major concern:

The Grand Duchy of Saxe Cobourg, like many member states, is a hereditary Monarchy. We require the ability to prohibit surrogacy and donors for members of the Royal Family at least and would strongly prefer to prohibit the practice among our nobility. I'm sure I do not have to explain why as to the issue of, well, Royal Issue.

I hope you are able to budge on this.

***This comment was edited to add the important detail that we are a "hereditary" Monarchy.***

[Simone Republic]

This resolution contains some important sections we would like to support, however, in its current form we cannot. I wonder if the author can find a way to alleviate our major concern:

The Grand Duchy of Saxe Cobourg, like many member states, is a hereditary Monarchy. We require the ability to prohibit surrogacy and donors for members of the Royal Family at least and would strongly prefer to prohibit the practice among our nobility. I'm sure I do not have to explain why as to the issue of, well, Royal Issue.

I hope you are able to budge on this.

***This comment was edited to add the important detail that we are a "hereditary" Monarchy.***

I've not thought about this. I would have thought you can simply change succession laws via domestic laws (such as the United Kingdom prohibiting Catholics from becoming head of state) and I think there's already a resolution with a blocker on GA imposing changes to domestic politics somewhere.