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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 Review of the Surrogacy Contract

    “Legal Review of the Surrogacy contract” means the legal vetting of the Surrogacy Contract. Every Surrogacy contract is required to have many essential ingredients which are to be agreed between the parties. Only agreeing to these ingredients makes that piece of paper you sign a surrogacy contract. The legal review of the surrogacy contract is done by a competent Indian Lawyer enrolled with the Bar Council of India, who possesses exemplary knowledge in the Indian Surrogacy law. Your contract is reviewed to make sure that the terms you have agreed upon between the parties constitute an understanding resulting in a surrogacy agreement as per the Indian Laws.

                This service comes in handy for many couples who are provided with a standard surrogacy contract by the hospitals or the agencies. In many occasions, the agencies or the hospitals have a standard copy of surrogacy contract which is given to every Intended Parent who has signed up for their services. This surrogacy contract is required to be verified to make sure that it contains all the essentials of surrogacy contract. To understand the importance of this service, it is first required to know what a surrogacy arrangement is.

    SURROGACY AGREEMENTS

                Surrogacy arrangement is merely an agreement or an understanding arrived between the surrogate mother and the intended parents. This understanding is written down in the form of a contract. Therefore the rights and liabilities of the parties are determined by the contents of that surrogacy contract. The parties cannot on a later date, after signing the contract, claim that the intention of the parties was any different from what is mentioned in the surrogacy contract.

    VETTING REPORT

                On vetting of the surrogacy contract, a vetting report called “Review of the Surrogacy Contract” would be prepared. This report gives you a clear, comprehensive and frank opinion on whether the contract actually contains all the essentials of the surrogacy contract. The report shall further explain all the rights and liabilities of the parties. Recommendations shall also be made for the better enforceability of the contract in the international arena.

    IMPORTANCE OF CONTRACT VETTING

    It is to be understood that a surrogacy arrangement is merely a contract between the intended parents and the surrogate mother. The parties understand between themselves certain clauses which constitutes a surrogacy arrangement. Without the understanding between the parties of the essential ingredients, a surrogacy arrangement would not be made.

    Prevent mistake before it takes place.

    We have dealt with a number of cases where the intended parents wish to rectify the errors in the surrogacy agreement, after the birth of the child. Time is essential factor in the surrogacy contract. The errors that have crept into a surrogacy agreement at the time of signing of the agreement can never be rectified at a later point of time. The intention of the parties at the time of signing of the contract is of utmost importance. So, it is to be kept in mind that the Surrogacy Contract is required to have those essentials, failing which, you embassy might reject your surrogacy arrangement.

    Unlike in many other countries, surrogacy agreements are enforceable in India. There is no law in India yet which actually restricts the legal enforceability of the surrogacy contract. Therefore, the contents of the contract actually determine the rights of the parties, and can also be enforced in a court of law.

    BRIEF DETAILS

    ·        The review of the Surrogacy Agreement shall be done by a lawyer enrolled in the Bar Council of India with experience in the field of Indian Surrogacy Laws.

    ·        On reviewing of the surrogacy contract, a vetting report named “Review of the Surrogacy Contact” shall be submitted.

    ·        The report shall evaluate every aspect of the surrogacy contract, and shall also make recommendations for bettering the surrogacy contract for protecting the rights of the Intended Parents.

    ·        This review of the surrogacy contract gives the Intended Parents a panoramic view about the rights of the parties in the agreement

    ·        The “Review of the Surrogacy Contact” is the standard requirement of many embassies.

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