BLOG

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.

    • Surrogacy Arrangement Contract

     

    AIM: Contract to govern the relation between the hospital/agency and the intended parents.

    Intended Parents from all over the world come down to India with great dreams and hopes for attaining the joy of parenthood. Most times, intended parents contact hospitals over the internet only to come across hospitals/agencies which do not provide complete information about the surrogacy procedures, time factors and more importantly the cost factor. However, the intended parents are compelled to come down to India for collecting more information from the hospital/agency. In many cases, Intended Parents sign up for the surrogacy program without even clearly knowing what is the role and responsibility of themselves and the hospital, about the time frame or the costs. The reason for the arising of this lacuna is due to the absence of a proper understanding between the hospital and the intended parents. There arises the need for a surrogacy arrangement contract.
    Surrogacy Arrangement Contract is an understanding entered into between the Intended Parents and the hospital or the agency chosen by them.  The surrogate mother is not a party to this contract. This contract shall be a complete document which brings down in writing the understanding between the intended parents and the hospital/agency, about each of the parties role in the surrogacy arrangement. This contract shall comprehensively contain all details about the rights and responsibilities of the Intended Parents as well the hospital in the surrogacy program.

    • The surrogacy arrangement contract creates a clear understanding of the surrogacy program without lacunas.
    • This contract puts into a legally binding written contract the commercial procedures, the method of payment, the compensation, the time line and the other important commercial elements of the surrogacy program. Though usually the hospital/agencies indicate the paying process, you might never have an idea about the exact need for the payment. Charting out of the complete fee schedule in a contract makes the hospital/agency bind to its words.
    • The contract brings out in writing the role and responsibilities of the hospital and the intended parents.
    • The contract contain details about the periodic medical tests and evaluation that required to be performed on the surrogate mother as well as on the intended parents.
    • The original copy of the health reports shall be handed over to the intended parents.
    • The contract shall stress a time framed surrogacy program where a specific mention has been made about every material particular in the treatment
    • This contract is not a substitute to the surrogacy contract which is entered between the surrogate mother and the intended parents. The surrogate mother is not a party to this contract.
    • The contract legally binds each action taken by the hospital, and builds up a lawful responsibility in the mind of the hospital/agency about the surrogacy program.
    • Hospitals to be held liable for DNA mismatch
    • Where the hospital violates any of the terms of the surrogacy arrangement contract, the hospital is legally responsible for it and also answerable for it. This sort of legal binding on the hospital is not other present.

    Assoicate Member of American Bar Association

     Be our Partner
    Our Associates