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Surrogacy in India
						Surrogacy in India
Web-blog of Indian Surrogacy Law Centre
  • German Couple all set to take twins to homeland
					German Couple all set to take twins to homeland
  • Times of India writes on Surrogacy
					Times of India writes on Surrogacy
  • CARA agrees to provide No Objection Certificate in the Jan Balaz case
					CARA agrees to provide No Objection Certificate in the Jan Balaz case
    Central Adoption Resource Agency agrees to provide a no objection certificate in the Jan Balaz case. Related posts:
    1. Supreme Court of India directs CARA to consider adoption plea in German’s Surrogacy CaseSupreme Court of India directs CARA to consider adoption plea in German’s Surrogacy Case
    2. German Couple all set to take twins to homelandGerman Couple all set to take twins to homeland
    3. Jan Balaz caseJan Balaz case
  • Legal Audit and Risk Assessment
					Legal Audit and Risk Assessment
    Legal Audit and Risk Assessment for surrogacy arrangements in india Related posts:
    1. Legal Screening for Intended ParentsLegal Screening for Intended Parents
    2. Taking the Surrogate Child to the country of the Intended ParentsTaking the Surrogate Child to the country of the Intended Parents
  • Israel constitutes committee for reviewing Third Party Reproduction for Gay Couples
					Israel constitutes committee for reviewing Third Party Reproduction for Gay Couples
    Israel High Court of Justice decided on an application filed by a gay married couple for taking up third party reproduction and raise a child. The High Court after deep thought elaborately decided that the matter was one to be decided by the Congress (Knesset) and not by the court as the matter involves policy [...] No related posts.
  • Bulgaria to amend its laws to allow Surrogacy
					Bulgaria to amend its laws to allow Surrogacy
    Bulgaria to allow surrogacy No related posts.
  • French Court holds IP to be legal parents, but not for nationality
					French Court holds IP to be legal parents, but not for nationality
    India does not seem to be the only country caught in midst of legal controversies over issues of surrogacy. France is also facing a similar question. Since 1994, surrogacy arrangements are held to be illegal in France according to The French Law – Article 16-7 inserted by Act No. 94-653 of July 29, 1994 Art.1 I, [...] Related posts:
    1. Legal Screening for Intended ParentsLegal Screening for Intended Parents
    2. Indiana court to decide in vitro baby’s legal motherIndiana court to decide in vitro baby’s legal mother
  • Supreme Court of India directs CARA to consider adoption plea in German’s Surrogacy Case
					Supreme Court of India directs CARA to consider adoption plea in German’s Surrogacy Case
    The Supreme Court of India directed Cara to consider adoption plea in surrogacy case Related posts:
    1. CARA agrees to provide No Objection Certificate in the Jan Balaz caseCARA agrees to provide No Objection Certificate in the Jan Balaz case
    2. German Couple all set to take twins to homelandGerman Couple all set to take twins to homeland
    3. Jan Balaz caseJan Balaz case
  • AFP writes on surrogacy by gay couples in India
					AFP writes on surrogacy by gay couples in India
    The AFP (Agence France-Presse) writes on Gay surrogacy in India. The link to the news article in DAWN.COM and CANADA.COM. Related posts:Times of India writes on Surrogacy News Article about Surrogacy in India on BBC Related posts:
    1. Times of India writes on SurrogacyTimes of India writes on Surrogacy
    2. News Article about Surrogacy in India on BBCNews Article about Surrogacy in India on BBC
  • 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 Related posts:
    1. CARA agrees to provide No Objection Certificate in the Jan Balaz caseCARA agrees to provide No Objection Certificate in the Jan Balaz case
    2. Supreme Court of India directs CARA to consider adoption plea in German’s Surrogacy CaseSupreme Court of India directs CARA to consider adoption plea in German’s Surrogacy Case
    3. Updates on Jan Balaz CaseUpdates on Jan Balaz Case
  • Services for Art Clinics


    test tube babyThe ‘reproductive health care’ providers, like other health care providers, not only promise excellence in their service, but prompt a lot of desire in the hearts of the Intended Parents and the surrogate. The law has been strict in the role of the hospitals in surrogacy in every other country except India. Every Assisted Reproductive Technology Clinic (ART Clinics) needs to maintain a perfect legal profile and all medical database, sound enough to manage the toughest of situations, so that they do not get into trouble with the law. Any consequence arising due to skipping of even a minor legal duty is of the highest magnitude.The role of ART Clinics in India is much more than what it is in other countries as there is no law to limit the role of the ART clinics to a particular extent. 
    The ICMR guidelines, 2005 are the only set of rules available in the field of surrogacy. The guidelines do not have any legal binding force. It is only evolution of a uniform system of working for all the ART clinics. Every surrogate should be explained of the commitments she is entering into and the complications that she may face. She must be given thorough medical and legal counseling. This makes sure that the surrogate does not claim on a later date that she was exploited. In India, though there are no laws which control surrogacy, the field is heavily controlled by emotions, sentiments, medical ethics and public policy. It has to be rightly understood that the Indian surrogates are mostly from the down-rotten part of the society and deeply controlled by emotions and public opinion.

    We work in collaboration with the ART clinics and other health care providers to help them achieve the best. The hospitals are bounded by commitments to provide the best care for both the intended parents and the surrogate. We take care of the legal issues faced by these institutions, thereby making an unison for perfection. 

    RETAINERS

    Indian Surrogacy Law Centre can be your in-house legal consultant providing you continuous support meeting all your legal needs making sure that you travel through a completely guided path. 

    We ensure that your hospital 
    • Is organised and operated in a manner that conforms with relevant law, regulations, and legal standards
    • Avoids unnecessary legal exposure to liability affecting your financial resources, employees, reputation, and legal status
    • Respects the right of the patients and other users of the institutions services
    • Has procedures for recognizing and resolving legal issues fairly and economically
    • Be completely aware of the medico legal problems that crop up on a day to day basis and are able to handle those issues
    • Doctors and paramedicals are aware of the bench mark standard set by the Consumer foras for them to follow 


    ASSESSING OF HOSPITAL SYSTEMS AND FRAMING OF AREAS OF COMPLIANCE

    As already known, there is no law in India which controls the working of the Assisted Reproductive Clinic. The only regulating feature is the “National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India” which is the guidelines framed in the year 2005 by the Indian Council of Medical Research, National Academy of Medical Sciences (India), New Delhi. The guidelines prescribe working of the ART Clinics. We advice you on various strategies for bringing your organization to the standards prescribed by the National Guidelines for Accreditation. Our strategizing would be based on a thorough analysis of your present system of working to ensure maximum productivity with minimal hassle. With our system in place, there cannot be an error happening at your place.

    DRAFTING OF MANDATORY AGREEMENTS AS PER THE ICMR GUIDELINES

    The ICMR guidelines give out forms which are to be filled at appropriate stages of surrogacy. Those are model forms and not legal forms for the complete protection of the hospitals. We draft agreements for the specific need of every institution keeping in mind the conflicts that may arise in the future. The affiliate institutions would also be receiving constant updates on the medical procedures and the improvements in the law. 

    PARTNER WITH INDIAN SURROGACY LAW CENTRE

    Indian Surrogacy Law Centre is an institution of legal excellence specializing in Reproductive Health. Of late, ART Clinics have been losing business because the Intended Parents fear the legal uncertainties. The intended Parents feel secured with a lawyer by their side, who can make sure that legal complications do not arise. We have come up innovative partnership solutions for partnering with Hospitals, so that the service can be wholesome, sound and pragmatic. We love to have an enduring relation with ART Clinics who ensure perfection.

    ISLC provides world class service to its variety of clientele. We deal both with International and domestic clients with the due diligence and efficiency and strive to instil a sense of security in them. ISLC’s practice area includes pre-surrogacy and post-pregnancy services. We make sure that the whole process is smooth right from the time the idea of surrogacy crops in the mind of the Intended Parents till the time the child reaches the land of the Intended Parents safely.
    • Sourcing of Oocyte
    • Counselling to the Intended Parents
    • Counselling to the Surrogate
    • Assessing of Needs and research on the law of the nation of the Intended Parent
    • Screening Agreements
    • Oocyte retrieval Agreement
    • IUI agreement
    • Surrogacy agreements
    • Research on Law of Nationality of the Intended Parent’s homeland
    • Acquiring the citizenship to the surrogate baby
    • Research on Law of Intended Parent’s Nation
    • Arranging for travel document
    • Advice on Court Declaration
    • Litigation Strategist

    Assoicate Member of American Bar Association