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Surrogacy in India
						Surrogacy in India
Web-blog of Indian Surrogacy Law Centre
  • Jan Balaz case
					Jan Balaz case
    supreme court of india rules german couple must adopt the child born through surrogacy and birth certificate shall carry name of surrogate mother
  • Queensland decriminalizes Altruistic Surrogacy
					Queensland decriminalizes Altruistic Surrogacy
    Queensland passed the was the last state in Australia to have decriminalized surrogacy arrangements. After seventeen hours of heated parliamentary debate, altruistic surrogacy was finally decriminalized in Queensland. The law is applicable for heterosexual, same sex couples and sole parents as well. An opposition Act was mooted that provided which considered surrogacy for same sex couples an offence. The opposition Act though debated, failed to be passed. All opposition towards homosexual couples and single parents using surrogacy was slammed. It would have been highly discriminatory had Queensland not permitted altruistic surrogacy for same sex couples and single parents, allowing it only for heterosexual couples.
  • Michigan couple lose their child to surrogate mother
					Michigan couple lose their child to surrogate mother
    Amy Kehoe and Scott – a couple from Michigan were trying for a child. Amy underwent miscarriage thrice and was medically advised surrogacy. The couple had found a surrogate mother named Shelly Baker from Detroit. Shelly Baker had four children and had already been a surrogate mother twice. The couple entered into a surrogacy agreement [...]
  • Indiana court to decide in vitro baby’s legal mother
					Indiana court to decide in vitro baby’s legal mother
    The Indiana Court decided a very interesting point on surrogacy which is quite on debate all over the world. The question is who should be considered to be the legal parents of the child born through surrogacy. A 11 month old baby referred to as ‘Infant R’ in Court Documents was conceived by In-Vitro Fertilization using [...]
  • US Consulate denies American citizenship to child
					US Consulate denies American citizenship to child
    I learn from a news report, Times of India, Chennai Edition dated January  25th 2010 of a strange case involving an American Couple where the American Consulate had denied citizenship to a child which was not genetically related to the Intended Mother. The intended mother reportedly had taken recourse to adoption for taking her [...]
  • Parliament soon to enact Surrogacy Law
					Parliament soon to enact Surrogacy Law
    The Solicitor General of India, Mr. Gopal Subramanian had informed the Supreme Court that the Government is presently considering the legal and moral aspects of surrogacy in India, and the law on surrogacy is expected soon. The German couple is left with the only option of adopting the twins, so that they could be taken to Germany, where surrogacy is an offence but international adoptions are allowed. The couple’s lawyer Nageswara Rao said inter-country adoption was cumbersome and time-consuming and it would be another five-six months before the couple could take the children home legally. The Supreme Court reminded the Government of India that the children of Mr. Jan Balaz are already in India for almost two years now and that the Government needs to act speedy with regard to children's case. Mr. Gopal Subramanian also informed the court that he had sent a letter to the Union of India over the issue and that he expects a speedy returns for the same.
  • Updates on Jan Balaz Case
					Updates on Jan Balaz Case
    Mr. Jan Balaz, the petitioner in the case pending before the Supreme Court had submitted before the Supreme Court that he shall be submitting his passports before the Indian Consulate in Berlin. He also agreed that a NGO in Germany shall respond back to India on the status of the children and their welfare. The [...]
  • The Telegraph writes on Indian Surrogacy Law Centre
					The Telegraph writes on Indian Surrogacy Law Centre
    The Telegraph had written an article on surrogacy recently making reference to the work done by Indian Surrogacy Law Centre in the legal issues. The link to the article may be found here.
  • Updates on Jan Balaz Case
					Updates on Jan Balaz Case
    I am making this post partly from the Supreme Court of India. I flew down from Chennai to here for attending the case of Union of India vs. Jan Balaz. The case was posted before the Bench consisting of G S Singhvi and A K Ganguly. The Solicitor General of India, Mr. Gopal Subramanian unfolded India’s stand that India is unable to grant Indian Citizenship to a children merely for the purpose of taking them to their homeland. Moreover, he wanted Mr. Jan Balaz to unconditionally submit to the Apex Court’s Jurisdiction even if he gets outside India. Senior Counsel Mr. Rao said he shall undertake to fulfill all conditions as imposed by the Union of India in order to take his children back to his nation. The case is next posted for hearing on the 4th January 2010. There are lots of unanswered hitches which are to be decided by the Supreme Court of India. Meanwhile, Indian Surrogacy Law Centre is still deciding it’s modalities of contributing for this case. I shall write on this subject more when there is an improvement.
  • Updates
					Updates
    Guajrat High Court decides that Indian Surrogate Mother is the Legal mother of the child India’s First Suit for parental order was dismissed by the Civil Court at Anand decision Gujrat High Court Union of India Supeme Court of India.
  • Legal Counseling for Surrogate Mother

    Surrogate Mother Counselling     AIM OF THIS PROGRAM
        Legal Counseling Program for the Surrogate Mother helps the surrogate mother and her family understand the surrogacy process and the terms of the surrogacy agreement.
     
        PROGRAM DESCRIPTION

        The surrogate mother is required to sign the surrogacy agreement between herself and the Intended Parents. This surrogacy Agreement brings in writing the terms and conditions which controls the conduct of the parties during the term of surrogacy. The most important issue surrounding the signing of the surrogacy agreement by the surrogate mother is that the surrogate mother and her husband (or partner) should sign this surrogacy agreement with full consent and complete volition, after understanding every part of the surrogacy agreement. Only after understanding the contents of the Surrogacy Agreement, the parties should sign this agreement.


        Most often, the surrogate mother fails to understand the agreement in totality. The surrogate mother signs a copy of this agreement without reading through the agreement, or not being aware of it'd contents. The husband of the surrogate too, without paying much importance to the agreement, signs it. Such a casual approach from the surrogate mother and her family is detrimental to the interest of the Intended Parents.


        The most important issue relating to consent of the surrogate mother in an agreement of this nature is that, the surrogate mother should understand every part of what she is agreeing in the Surrogacy Agreement. This is typical case where the surrogate mother is considered to be in a fiduciary relation with the Intended Parents, where always exists a possibility of the Surrogate Mother being exploited by the Intended Parents. The reason for this notion being that the Surrogate Mother is economically and socially placed weaker.

        Legal and medical counseling to the surrogate mother is very important as it makes the surrogate mother aware of what she would be going through during the process of surrogacy.  The most important contribution to the process of surrogacy is being made by the surrogate mother; she should understand and know every thing related to the process of surrogacy, various medications she will be going through, her rights and duties during that period and other issues surrounding it.  

        The foundation of a peaceful surrogacy process is based on the surrogate mother’s complete understanding of the Surrogacy Agreement.

        The hospitals or agencies have many a times failed to disclose certain important information to the surrogate mother and her family about the surrogacy process. These information may relate to compensation, medical procedures or In-Vitro Fertilization (IVF) cycles. Though these particulars would have been part of the agreement, it is not practically possible to implement these if the surrogate mother is not aware of these issues at the time of signing of this agreement. Therefore, it is most advised that an independent lawyer should make sure that the surrogate mother is aware of all these vital information.


        The surrogacy agreement entered between the surrogate mother and the intended parents is merely a document which brings down in writing the rights and liabilities of the parties who undergo the surrogacy process.  Though a properly drafted surrogacy agreement protects the rights of the parties, that alone does not in entirety protects you.  It is important that the surrogate mother, her husband and her family are counseled together about various issues surrounding the surrogacy process.

     HOW IS THE PROGRAM DONE?

        The program is done either conducted by a lawer enrolled with the Bar Council of India, through Video Conferencing or by personal interview. The surrogate is required to attend this with her family member.

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