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Surrogacy laws in Asia: Which country is most favourable for your surrogacy aspirations?

15 Apr 2023 Surrogacy laws

Surrogacy laws in Asia vary from country to country. While a country allows surrogacy for only local citizens, china, on the other hand, completely bars the practice within its legal territories. That said, we will take you through the legal aspects of surrogacy in various Asian countries in the following sections of the blog.

Surrogacy laws in Asia

Surrogacy in India

The existing laws regarding surrogacy in India only permit local citizens to practice surrogacy in the country. Besides, it puts a ban on the practice by international couples or individuals. On July 15, 2019, Dr Harsh Vardhan, Minister of Health and Family Welfare, introduced the Surrogacy (Regulation) Bill, 2019 in the Lok Sabha. The Bill defines surrogacy as a practice in which a woman bears a child for another person with the intention of later giving the child to the intended parents.

  • Surrogacy is regulated by the Bill, which forbids commercial surrogacy but permits charitable surrogacy. Apart from covering her pregnancy-related medical costs and insurance, the surrogate mother in an altruistic surrogacy is not paid financially.
  • On the other side, surrogacy is legal if it is used for the following reasons: (i) intended couples with documented infertility; (ii) altruistic reasons; (iii) not for profit; (iv) not to produce children for prostitution, sale, or other forms of exploitation; and (v) for any condition or disease that has been specifically listed by regulations.
  • A “certificate of essentiality” and a “certificate of eligibility” issued by the proper authority are required for an intending couple to be eligible.
  • The following requirements must be met in order for a certificate of essentiality to be granted: (i) a District Medical Board certificate proving the infertility of one or both members of the intended couple; (ii) a Magistrate’s court order granting parentage and custody of the surrogate child; and (iii) insurance coverage for the surrogate for postpartum complications for a period of 16 months.
  • The certificate of eligibility to the intending couple is given upon fulfilment of the following requirements: (i) the couple must be Indian citizens and have been married for at least five years; (ii) the wife must be between the ages of 23 and 50, and the husband must be between the ages of 26 and 55; (iii) they must not have any living children (biological, adopted, or surrogate), with the exception of children who are mentally or physically challenged, or suffer from a life-threatening disorder.

Surrogacy in China

surrogacy laws in AsiaSurrogacy in China is currently prohibited under the ruling issued by the existing government. Moreover, any type of surrogacy-related practice is banned under the law. So, anyone violating the same would be subject to harsh legal punishments.

While surrogacy in China is banned, people are forced to choose other destinations while analyzing the existing surrogacy laws in Asia.

The development of surrogacy technology has given hope to families affected by reproductive disorders. The country’s current surrogacy laws show how vehemently opposed China has always been to surrogacy, but it is still widely practised. Besides, the departmental surrogacy policy has a legal loophole because it’s not clear what will happen if anyone breaks the rules. On the other hand, a developed hierarchy for supervision and implementation is still lacking in China.

Moreover, the administrative special rectification component of the surrogacy monitoring system is all that is in place; there is no deterrent or prevention system. This is where most of the experts examine illegal surrogacy in China, review the nation’s current surrogacy regulatory framework from the perspectives of legislation and supervision, and make some suggestions for amendments in order to address the legal issues raised by surrogacy.

Surrogacy in Thailand

Surrogacy is legal in Thailand, but only for heterosexual couples who are regarded as legally wed in that country. However, undergoing international surrogacy in Thailand requires a minimum of three years of marriage in cases of international marriage.

Moreover, if you are an international citizen and planning to pursue surrogacy in Thailand, you have to legally wed a local citizen before getting along with your surrogacy plans. If that’s not a possibility, you may switch to other destinations where surrogacy is permitted in Asia.

Congress approved the “Protection of Children Born Through Assisted Reproductive Technologies Act” (B.E. 2558) in November 2014, and it was published in the Royal Gazette in May 2015 before going into effect on July 30th, 2015 (Whittaker 2016). According to the new law:

  • Trade in gametes and embryos is forbidden, as is commercial surrogacy.
  • Acts of brokering and encouraging unauthorized reproduction are forbidden.
  • Gametes and embryos cannot be exported or imported.
  • Only heterosexual couples who are regarded as legally wed in Thailand are eligible to use a surrogate; in the case of an international union, a minimum of three years must have passed since the wedding.
  • The intended parents’ legal children will be the child.
  • In theory, relatives should be used to choose surrogate mothers.
  • The Medical Council of Thailand should decide on a fair compensation amount for the surrogate mother.
  • The penalty for violators is either imprisonment or a fine.

surrogacy laws in Asia

Surrogacy in Cambodia

In November 2016, the Cambodian ministry published a Prakas announcing the country’s new ban on embryo transfer surrogacy. Moreover, legal experts claim that the current ban falls short of the actual surrogacy laws. That said, surrogacy has been completely banned in Cambodia. Moreover, the declaration made by the Cambodian Ministry bans additional ART infertility treatments that involve surrogacy.

For instance, IVF procedures may continue, oocytes may be imported or exported from the nation, embryos may be produced, and they may be transferred to the intended mother. However, it is not permitted to transfer embryos to a surrogate mother.

Surrogacy in Laos

In Laos, there is no surrogacy legislation as of now. As a result, surrogacy is still practised in this part of the world with the help and support of various surrogacy agencies. Moreover, due to the ban on commercial surrogacy in Thailand and Cambodia, Laos has emerged as the preferred location for intended parents to schedule surrogacy. On the other hand, gay couples typically choose surrogacy in Thailand or Laos when they are from nearby Asian nations.

That said, in Laos, the cost of surrogacy — including IVF, egg donation, and surrogacy services — ranges from $60,000 to $80,000.

Final words

Surrogacy laws in Asia certainly speak volumes about the strict regulations put through by the respective nation’s governments. So, if you are an intended parent pursuing surrogacy in any of these Asian countries, we would recommend you consult with a trusted surrogacy agency.

surrogacy in Thailand for foreigners

Surrogacy in Thailand for foreigners: Events that led to the Surrogacy ban for international citizens!

25 Mar 2023 Uncategorized

Surrogacy in Thailand for foreigners used to be the most preferred alternative among medical tourists a few years back. Moreover, due to its expertise in gender affirmation surgery and later cosmetic surgery, Thailand became the centre point for medical tourism as early as the 1970s.

Also, Thailand became a leading Asian country in the global medical tourism industry, Malaysia, and Singapore, after the privatization of its healthcare system in the late 1990s. This was made possible by “a Thai way” of excellent service and medical knowledge.

Furthermore, Thailand has a reputation for having cutting-edge knowledge in reproductive technology thanks to the 1987 birth of “Mung Ming,” the nation’s first dek lord kaew (Test tube child) baby, who was conceived via IVF at Chulalongkorn Hospital. As it was connected to thansamai (modernity), nationalistic pride in Thai science and medicine, as well as Buddhist beliefs and the elevating of procreation and the birth of new life, assisted reproduction was quickly accepted by Thai society.

How has Gestational surrogacy thrived in Thailand in the past?

The first gestational surrogacy arrangement utilizing IVF happened at the same prestigious hospital in Bangkok in 1991, just four years after “Mung Ming” was born. Up until that point, surrogacy in Thailand for foreigners had only been an altruistic, familial activity shared by sisters and other close relatives. However, thanks to new technology that allowed for the separation of genetics and gestation, surrogacy may now also be commercialized in Thailand.

 

surrogacy in Thailand for foreigners

As Thailand became a top destination for reproductive tourism in the early 2000s, with an increase in clinics offering ART treatment to both Thais and foreigners, what had initially been a quiet business with little publicity grew. Besides, Thailand’s advanced medical and hospital services, expertise in ART, and reasonably priced prices when compared to the United States and Europe are all contributing factors to the country’s rising popularity as a location for reproductive services. Moreover, the nation’s tourism industry is also well established, making it a “safe” and alluring location for medical travel.

Surrogacy regulations prior to the 2015 ban in Thailand

Surrogacy agreements were not clearly regulated by Thai law prior to 2015, and commercial surrogacy was neither permitted nor prohibited. However, the police’s arrest of the Taiwanese brokering firm “Baby 101” in Bangkok in February 2010 brought to light the need for ART legislation.

In order to deliver babies to foreign clients for payment, they had locked up 15 Vietnamese women who had been trafficked. Eventually, the Thai Cabinet approved the draft ART Bill number 167/2553, which forbade commercial surrogacy, in May 2010, but the National Assembly did not ratify it because of the political unrest of the time.

surrogacy in ThailandOn the other side, due to the legal ambiguity surrounding commercial surrogacy, third-party reproduction could continue to be commercialized. Besides, the number of foreigners travelling to Thailand for IVF and surrogacy services increased significantly between 2010 and 2014, leading to the establishment of a number of new private clinics and surrogacy agencies in Bangkok. Up until 2015, hundreds of surrogate births were reportedly performed annually in Thailand, according to officials. Also, many male gay couples and single men seeking reproductive services turned to Thailand, which was promoted by a number of surrogacy agencies as offering “gay-friendly” services, after new surrogacy regulations were implemented in January 2013 and restricted access to married heterosexual couples only.

However, in August 2014, there were two additional significant surrogacy scandals that brought international attention to Thailand’s surrogacy industry and resulted in the termination of transnational surrogacy contracts. The “Baby Gammy” case came first. According to reports, David and Wendy Farnell, who are from Australia, abandoned a baby boy with Down syndrome in Thailand.

How did Baby Gammy’s case prove to be a roadblock for Thailand surrogacy?

In the Thai media, Gammy’s Thai surrogate mother, 21-year-old Pattharamon Chanbua, explained that she needed financial assistance to pay for Gammy’s medical expenses. So, in order to pay off family debts, Chanbua, a mother of two, agreed to act as a surrogate mother. Besides, she had been promised about 350,000 (roughly €8,400 at the time).

Moreover, she was soon found to be expecting twins, and several months into the pregnancy it was learned that one of the children had Down syndrome. Chanbua claims that the intended parents pressured her into having an abortion, but the Farnells and the agency both denied this, and Chanbua refused because of her Buddhist beliefs. Following the birth of the twins, the intended parents returned to Australia with Gammy’s sister, who did not have Down syndrome, leaving Gammy in the care of Chanbua and her family.

Further research revealed that David Farnell had previously been found guilty of 22 instances of sexual assault against girls under the age of 13 in the 1980s and had received a total prison term of four and a half years.

This raised concerns about Gammy’s sister’s safety and sparked a contentious debate about surrogacy not only in Thailand and Australia but also globally. The media condemned the couple and demanded that commercial surrogacy be outlawed. Despite what the surrogate mother and the media claimed, the Farnells did not intentionally abandon Gammy, according to the Australian court’s investigation.

The Baby Factory case further worsened the situation for surrogacy in Thailand for Foreigners!

surrogacy in ThailandA few weeks later, the “baby factory” case—the second prominent surrogacy scandal—made headlines. As news of Baby Gammy’s case spread, Thai police got a tip that led to a raid on an upscale Bangkok apartment.

There, they discovered nine surrogate children (ranging in age from two weeks to two years), seven nannies, and a pregnant surrogate mother.

Moreover, the apartment was associated with Mitsutoki Shigeta, 24, the son of a Japanese billionaire, who was initially under investigation for child trafficking and child exploitation but was never charged with any crime. Besides, four sets of twins were among the 13 children that Shigeta had paid for to be carried by a surrogate in Thailand.

Also, he had previously been given custody of four surrogate children and had fathered 17 children in Thailand through surrogacy.

It was not illegal at the time to have many children through surrogacy, but it did show how “the industry lacked accountability or any means of monitoring how many surrogates were being used by any one individual.

How did these instances put a halt to all types of surrogacy in Thailand?

These cases took place as Thailand was experiencing political unrest. The NPOC launched a campaign against commercial surrogacy in response to the Baby Gammy and Shigeta cases and the international criticism of Thailand’s unregulated surrogacy market, closing 12 clinics, publicly apprehending doctors involved in surrogacy, and forbidding foreigners from leaving the country with children born through surrogacy in Thailand. After that, the NPOC amended and resurrected the 2010 draft ART Bill, which went into effect in July 2015. That said, the 2015 bill restricts eligibility for surrogacy to non-commercial arrangements, forbids intermediaries or brokers for surrogacy arrangements, and limits surrogacy to only the local Thai citizens subject to fulfilment of certain criteria.

Gestational Surrogacy

What is Gestational Surrogacy: An in-depth guide

15 Feb 2023 Gestational Surrogacy ,

Introduction

Gestational surrogacy is a process in which a woman carries and gives birth to a child for another person or couple. This type of surrogacy is achieved through in vitro fertilisation (IVF), in which the intended parents’ eggs and sperm are fertilised in a laboratory to create an embryo, which is then transferred to the surrogate’s uterus for pregnancy.

Gestational surrogacy gives people or couples who can’t have children on their own a chance to start a family. But it’s important to know that surrogacy is a complicated and emotional process with many legal, medical, and emotional factors to think about. This guide gives an in-depth look at gestational surrogacy. It talks about the different kinds of surrogacy, who can be a surrogate, the surrogacy process, legal issues, and the emotional side of surrogacy.

Definition of Gestational Surrogacy

Gestational surrogacy is a type of assisted reproductive technology (ART) in which a woman carries and gives birth to a child for another person or couple.

Overview of the process of Gestational Surrogacy

Gestational surrogacy involves a number of steps, such as finding a surrogacy agency or lawyer, matching with a surrogate, making legal agreements, going through medical procedures like fertility treatments and implantation, giving birth, and taking care of the baby after birth. Throughout the process, there are also several legal and emotional considerations that must be taken into account. The blog will provide a comprehensive overview of each of these steps and considerations.

Types of Surrogacy

Traditional Surrogacy

Traditional surrogacy is a type of surrogacy in which the surrogate is also the biological mother of the child. This is done through artificial insemination, which can be done with the father’s sperm or the sperm of a donor.

Gestational Surrogacy

In gestational surrogacy, on the other hand, the surrogate carries an embryo made from the eggs and sperm of the intended parents or a donor. The surrogate is not the biological mother of the child.

Comparison of the two types

The main difference between traditional surrogacy and gestational surrogacy is the biological relationship between the surrogate and the child. In traditional surrogacy, the surrogate is the biological mother, while in gestational surrogacy, she is not. Also, gestational surrogacy usually involves more complicated medical procedures and a higher level of emotional and legal concerns. It is important for intended parents to understand the differences between the two types of surrogacy and to consider which option is right for them.

Eligibility for Gestational Surrogacy

Requirements for intended parents

Intended parents may be eligible for gestational surrogacy if they are unable to conceive a child on their own due to medical reasons or other factors. In some cases, same-sex couples or individuals may also use gestational surrogacy to build their families.

Requirements for surrogates

To be eligible to become a surrogate, a woman must generally be in good health, have a history of successful pregnancies, and meet certain age and lifestyle requirements. She must also undergo a comprehensive medical and psychological evaluation to ensure that she is physically and emotionally fit to carry a child.

Medical and psychological evaluations

Medical evaluations for intended parents and surrogates typically include assessments of their overall health, fertility, and any underlying medical conditions. Psychological evaluations are also important to assess the emotional readiness and stability of all parties involved. These evaluations are critical to ensuring the safety and wellbeing of the surrogate and the resulting child.

The Gestational Surrogacy Process

Finding a surrogacy agency or attorney

The first step in the gestational surrogacy process is to find a surrogacy agency or attorney who can help guide you through the process and ensure that all legal requirements are met. A surrogacy agency can provide a range of services, including matching intended parents with a surrogate, providing medical and psychological support, and handling all legal and financial aspects of the surrogacy arrangement.

Matching with a surrogate

Once you have found a surrogacy agency or attorney, the next step is to match with a surrogate who is a good fit for you and your family. This means taking into account things like the surrogate’s medical history, lifestyle, and personality to make sure the relationship is good and helpful. The surrogate and intended parents may have the opportunity to meet and get to know each other before proceeding with the surrogacy arrangement.

Legal agreements and contracts

Before the medical procedures can begin, it is important to have a clear and legally binding agreement in place between the intended parents and the surrogate. This agreement should clearly define the responsibilities and expectations of all parties involved, including compensation for the surrogate, medical expenses, and any other arrangements.

Medical procedures (fertility treatments, implantation, prenatal care, etc.)

After the legal agreements have been made, the next step in gestational surrogacy is to go through the medical procedures. This may include fertility treatments to make an embryo, putting the embryo in the surrogate’s uterus, and prenatal care to make sure the surrogate and the developing child are healthy and safe.

Birth and post-birth process

The final step in the gestational surrogacy process is the birth of the child and the post-birth process. The surrogate will give birth to the child, and once the intended parents are legally recognized as the parents, they will take care of the child. After the baby is born, the next step may be to settle any remaining financial or legal issues and continue to help and care for the surrogate.

Legal Considerations

Surrogacy laws

The rules about surrogacy vary from country to country and state to state, so it’s important to know what the rules are in your area. In some countries, surrogacy is illegal or limited, but in others, it is legal as long as certain rules are followed.

Legal recognition of parentage

Setting up legal parenthood is one of the most important legal issues in gestational surrogacy. In most cases, this process involves getting a court order that names the intended parents as the legal parents of the child. This may be needed for things like getting the child a birth certificate and citizenship.

Pre-birth orders

In some places, you can get a pre-birth order that makes the intended parents the legal parents of the child before the child is born. This can make it easier to prove who the child’s parents are and help make sure the child has an easy time after birth.

Surrogacy agreements

The surrogacy agreement between the intended parents and the surrogate is another important legal thing to think about. This agreement should make it clear what everyone’s responsibilities and expectations are, including how much the surrogate will be paid, who will pay for her medical care, and any other arrangements. It is important to have a well-written surrogacy agreement to protect everyone’s interests and make sure that everyone knows what their rights and responsibilities are.

Legal representation

During the surrogacy process, it’s important to have a lawyer who knows how to handle the complicated legal issues that come up. An attorney who specialises in surrogacy law can provide valuable advice and guidance, ensuring that your rights and interests are protected every step of the way.

Emotional Aspects of Gestational Surrogacy

The role of the surrogate

During gestational surrogacy, the relationship between the surrogate, the intended parents, and the child is special and close. The surrogate is a very important part of bringing the child of the intended parents into the world, and what she does and decides can have a big effect on everyone.

Building trust and communication

For surrogacy to work, the intended parents and the surrogate need to be able to trust each other and talk to each other openly. This means talking about everyone’s hopes and fears openly and making sure that everyone is on the same page throughout the process.

Support and resources

The emotional aspects of surrogacy can be challenging, and it is important to have support and resources to help you through this journey. This may include support from friends, family, and a professional counsellor, as well as access to online forums and support groups where you can connect with others who have gone through the surrogacy process.

The bond with the child

For intended parents, the gestational surrogacy experience can be both j and emotional. They may feel a strong bond with the child from the moment of conception and may face challenges as they navigate their new roles as parents. It is important to have support and resources to help you through this transition and to develop a positive and healthy relationship with your child.

Understanding and addressing emotional challenges

While the gestational surrogacy experience can be incredibly rewarding, it can also be emotionally challenging. To make sure that everyone has a positive and fulfilling experience, it is important to understand and deal with any emotional problems that may come up, such as feelings of guilt or loss. With the right support and resources, intended parents and surrogates can work through these challenges and create a strong and loving family dynamic.

Conclusion:

Gestational surrogacy is a complex and emotional process that involves many legal, medical, and emotional considerations. But with the right planning and help, intended parents and surrogates can work together to bring a child into the world and build a loving family.

At Become Parents, we are committed to giving our patients complete and kind care throughout their surrogacy journey. Our team of experienced professionals is made up of lawyers, surrogacy experts, and support staff. They all work together to make sure that everyone has a positive experience. If you are thinking about gestational surrogacy, please contact us to learn more about the services and resources we offer.

surrogacy cost in Thailand

Surrogacy in Thailand: Taking an informed decision is the ideal way to go ahead

20 Jan 2023 Surrogacy Agency, Surrogacy in Thailand

There are many myths and misconceptions dong around on the internet regarding surrogacy in Thailand. While most of those are mere rumors, the intended parents must always check and verify all the information that comes at their disposal beforehand.

In this blog, we will talk about all the legal, financial, and social aspects of surrogacy in Thailand that can come crucial to your surrogacy journey in the country.

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surrogacy in the usa

Surrogacy in USA: Getting Started, Legal obligations and FAQs!

20 Jan 2023 Uncategorized

Making your first move towards surrogacy in the USA does require some deep thinking. Especially, if you are an intended parent who has tried and tested every other method to achieve parenthood in the past without any success, you will surely be surrounded by a lot of doubts and questions.

That said, it is always advisable to get in touch with a renowned surrogacy agency in USA to get the best and most appropriate answers to all such questions. Moreover, you can go ahead with your own research and analysis in the same regard while referring to the below-mentioned points regarding surrogacy in the USA.

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UK Surrogacy Agency

Why Surrogacy laws in UK are more Complicated than Other Country?

21 Nov 2022 Surrogacy , , , ,

The Surrogacy Arrangements Act 1985 (SAA), as amended by the Human Fertilization and Embryology Act 1990, governs surrogacy laws in UK. Moreover, legal parentage rules that are awkwardly applied and unenforceable contracts are a dangerous combination in this legislation. This has received harsh criticism from many commentators as well as the courts, whose rulings show that the current legal system is primarily distinguished by the absence of any cohesive regulatory framework.

Besides, over the past ten years, there have been numerous and increasingly common legal anomalies raised in court cases, leading academics as well as official from uk surrogacy agency have increasingly called for reform. The Law Commission received over 1,300 submissions from interested parties in March 2017. This made it clear that surrogates’ and commissioning parents’ voices needed to be heard, but the Law Commission’s surrogacy report, which contains reform suggestions, isn’t due out until 2021.

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surrogacy agency in canada

Who is Eligible to become a Surrogate Mother in Canada?

11 Nov 2022 Surrogacy in Canada , ,

For a variety of reasons, many people turn to surrogacy in Canada. Still, the question that comes through is- who are the surrogate mother in canada? Do they really want to support a same sex couple or they are simply coming on board for monetary gains?

Well, there is a lot to know and comprehend regarding various aspects related to surrogacy in Canada like surrogacy agency in Canada or surrogate mother in Canada. In this blog, we will take a detailed look on all such key aspects.

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Surrogacy Clinics Colombia

Why Surrogacy in Colombia stands as an Ultimate Solution to your Parenthood Aspirations

19 Oct 2022 Surrogacy , , , ,

Colombia is one of those countries that don’t impose any restrictions on the intended parents’ enroute to the realization of their parenthood dreams. So, technically, you can pursue without worrying much about any legal or social hassle in the country.

Apart from the flexible laws of surrogacy in Colombia, you will surely be mesmerized with the top notch medical care and support available in the country. As per recent survey, most number of clinics and hospitals from Colombia has made it to the world’s best ones list.

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surrogacy agency UK

Why Surrogacy in UK isn’t for Everyone?

20 Sep 2022 Surrogacy , , , , ,

Surrogacy in UK is like that big bag of tricks that needs to be opened and understood before one can proceed in the same direction. While surrogacy is legal in this part of the world, you got to adhere to a list of rules and regulations in almost every regards.

Being an intended parent, you must understand that UK takes their laws very seriously. So, any violations to the same may land you in some big trouble within no time. Hence, it is always suggested to be in the right hands while dealing with a reputed and experienced surrogacy agency in UK.

Surrogacy Agency in UK

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UK Surrogacy Agency

Top US States That Permit Surrogacy Treatment and Procedure

25 Apr 2022 Surrogacy in USA , ,

Before you step into the process, you should keep in mind that surrogacy in the USA is not permitted in all US states and has different regulations in different states. US states have their own set of rules and laws, helping intended parents and even single parents or LGBT individuals to grow their families. For international intended parents and those who wish to build their families through this successful procedure, it will be better to stay in touch with a recognised and selected surrogacy agency in the USA, rather than trying to get the procedure completed DIY. Independent search may be an option, but you need more time, money and effort. Legal formalities are required to complete that may require more time because you may have to submit medical reports and other documentation.

You should also keep in mind that laws related to surrogacy for International parents are highly supportive. Each of the children born here or born abroad remains directly eligible for the US passport after their birth, irrespective of the Intended parent’s citizenship.

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