Kardashians And Cambodia

Will Kim Kardashian and Kanye West use a surrogate for baby #3?

Kim Kardashian West

Kim Kardashian West

Now that the election is over (and the world is possibly headed for destruction), we can get back to talking about what really matters. Like will Kim and Kanye use a surrogate for baby #3?!

Word on the street (aka E! News) is that Kardashian’s pregnancies have been extremely hard on her health. And while West wants another child, another pregnancy may be too medically risky for Kardashian. Kardashian has shared with her family that she is looking into the option of surrogacy.

If they decided to use a surrogate, Kardashian and West will be in good company. Many the celebrity has needed to turn to assisted reproductive technology to fulfill their dreams of a child. This includes the likes of Jimmy Fallon, Neil Patrick Harris, Elton John, Nicole Kidman, Chris Daughtry, Angela Bassett, Sarah Jessica Parker, and Tyra Banks. Just to name a few.

Invite to Kim. Kim, call me! I would be happy to answer your questions and discuss how to optimize surrogacy as a positive experience for your family while avoiding the pitfalls. Also, I should note that Colorado is a beautiful state to consider for surrogacy. Just ask Giuliana Rancic.

Now to the bad news (besides the election). Another country has shut the door on surrogacy. On October 24, the Cambodia Ministry of Health issued an edict banning surrogacy throughout the country. This past week the Ministry distributed notice to all surrogacy agencies that the ban was effective immediately. The proclamation also banned the use of commercial sperm donation and declared that all doctors providing IVF services will henceforward need special permission from the Ministry to operate.

It is unclear how the ban will effect intended parents and gestational carriers currently in the process. It is also unclear if, like with India’s latest legal change, foreign intended parents’ embryos will be stuck in Cambodia.

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Cambodia’s surrogacy industry has grown quickly over the past couple years, in large part due to the neighboring countries of India, Nepal, and Thailand outlawing surrogacy, pushing hopeful parents to look elsewhere. Many surrogacy agencies operating in the surrounding countries simply moved shop to Cambodia when no longer able to operate in their current locations.

Numerous Scandals. Cambodia has not been insulated from a number of shocking surrogacy scandals affecting the region over the last few years. The infamous Baby Gammy case — where the intended parents took only one of their surrogate-born twins home to Australia, leaving behind the twin with Down Syndrome — has been one of the heartbreaking stories lawmakers point to when outlawing the surrogacy industry.

Another scandal involved the son of a Japanese billionaire who was accused of human trafficking and believed to have fathered at least 16 children through the use of Thai surrogates. Three of those children were found to have been transported to Cambodia. Read more of the crazy details here.

Clearly Kardashian and West will do better to look closer to home when searching for the best location to find a surrogate to safely – and legally – add a third child to their brood.


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Ellen TrachmanEllen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, adoption, and estate planning. You can reach her at babies@abovethelaw.com.