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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.

    • 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

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