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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.

    • Intended Parents from United Kingdom, the Channel Islands or the Isle of Man

    British UK Surrgacy

    Commercial Surrogacy in the United Kingdom is completely prohibited and the prospective parents choosing to have surrogacy in the United Kingdom can opt only for altruistic surrogacy. Commercial Surrogacy Arrangements within the United Kingdom is illegal and punishable. It is also illegal to advertise for surrogate mothers or the willingness to act as surrogate mothers. Altruistic surrogacy is non-commercial surrogacy where the surrogate mothers are not paid any remuneration for the purpose of surrogate mother. This is to makes sure that money is not a factor which would induce women to act as surrogate mothers. However, reasonable expenses may be paid to surrogate mother. What is a reasonable expense can be decided only according to the facts and circumstances of each and every case.

     

    Whether the surrogacy agreements are enforceable in the United Kingdom?

    No, Surrogacy Agreement are not enforceable in the Courts at UK.

    Who is the Mother of the Child as per the laws of the United Kingdom?

    As per the law applicable to intended parent domiciled in United Kingdom, the Channel Islands or the Isle of Man, the Surrogate mother is regarded as the mother of the child. Where the Surrogate mother is married, her husband is treated to be the father of the surrogate child. Where the Surrogate mother is unmarried, the donor of the sperm is considered to be the Father of the child. The surrogate mother and/or her husband can relinquish their parental responsibilities in favour of the gamete donors as per Section 30 of the Human Fertilization and Embryology Act, 1990; or by obtaining an order from the foreign court within whose jurisdiction the child was born. Only on obtaining of this order the child would be considered to be child of the prospective parents, and until then the child is considered to be that of the surrogate mother (and where she is married, her husbands.)

    Important issues for Intended Parents from United Kingdom who wish to take up surrogacy in India.

    • It is strongly advised that intended parents obtain legal opinion from an Indian Lawyer specializing in Indian and International Surrogacy before fixing the medical team in India
    • Intended Parents are required to have in place a proper International Surrogacy Agreement which is drafted by a lawyer of expertise in Indian and International Surrogacy Law
    • Intended Parents carrying Indian Nationality would not be able to provide British citizenship for the Children
    • Where only one in Intended couple is a British citizen, that individual should have contributed the gamete in creating the child so as to obtain nationality for the child.
    • A parental order has to be obtained at the United Kingdom under Section 30 of Human Fertilization and Embryology Act, 1990 within a period of 6 months from the date of birth of the child.
    • An order may also be obtained from an Indian Court as a substitution for an order under Section 30 of the Human Fertilization and Embryology Act, 1990
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