Legal Audit & Risk Assessment

International surrogacy though cost effective requires caution to be exercised by the intended parents prior to taking the final decision. A major concern for the intended parents is the exit process with the child after its birth.

Intended parents have to be informed on the legal issues surrounding taking back the child to the home nation even before coming down to India. This decision has to be made even at the most preliminary stage while choosing India as destination for surrogacy. Otherwise you might be too late being incapable of doing anything, which might cure the scenario.

The return to the home nation with the child by the intended parents is usually presumed to be a normal process by the IVF hospitals unmindful of the legal complications. A slight variation in the facts of the case even pertaining to the same nation would lead to uncertain international legal complexities. Due legal opinion has to be obtained relating to the citizenship of the child, the VISA / Passport procedures, contacting the embassy etc. even before coming down to India.

Supreme Court of India is to decide who is the legal mother: The importance of the legal audit is now gaining wild popularity and importance due to case of Union of India Vs. Jan Balaz where the Supreme Court of India is to decide on the issue of who is the legal mother of the child. Since this case is presently pending before the Hon’ble Supreme Court of India, uncertainty lingers over every proposed surrogacy arrangement. It is important that surrogacy arrangements which are entered into during the pendency of the case should not be affected on its final disposal.

Issue of Birth Certificate: The birth certificate of the child carries great importance and significance. Embassies of many countries issue passport/VISA only on the basis of name found in the birth certificate. This case shall certainly affect the birth certificate for intended parents who are taking up the surrogacy in India during the pendency of the Jan Balaz case.

Legal Parentage of the child: This program shall help intended parents assess who would be the legal parent of the child as per the laws in India and laws in the country of origin. 

Gay/Single Parents: This program is of utmost importance to the Gay/Single Parents for whom the law is not settled in India.

We, being pioneers in the field of surrogacy law, have brought out a comprehensive program which would help intended parents be aware of the legal issues involved in the surrogacy process even before coming down to India called the Legal Audit and Risk Assessment program.

This program shall help intended parents

1. Be informed of the legal issues involved in international surrogacy
2. Know whether the child born through an international surrogacy arrangement in the existing legal climate can be taken back to their home nation
3. If the returning to home nation with the child is possible, how is it to be done?
4. Determine whose name would be found in the Birth Certificate.

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