Surrogacy in India - A Law in the Making by Malhotra Anil & Ranjit

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Surrogacy in India - A Law in the Making

by Malhotra Anil & Ranjit

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Despite the legal, moral and social complexities that shroud surrogacy, there is nothing stopping people from exploring the possibility of becoming a parent. Women who may choose to 'rend' their womb for a surrogate pregnancy are slowly shaking off their inhibition and fear of social ostracism to bring joy to childless couples. However, India's Assisted Reproductive Technology (Regulation) Bill & Rules, 2010, have legal lacunae, lacks the creation of a specialist legal authority for adjudication and determination of legal rights of parties by a judicial verdict, and fall into conflict with existing laws. These pitfalls may be the graveyard of this proposed new law. New Indian Medical Visa Regulation, 2012 have restricted commissioning of surrogacy arrangements in India foreign men and women only whose marriage should have sustained for atleast two years.Single parents, gay couples or unmarried partners can no longer commission surrogacy on tourist visas to India. Recognising the advances in assisted reproductive technology (ART) and the fact that surrogacy was already talking place in the country, draft legislation, the Assisted Reproductive Technology (Regulation) Bill & Rules 2010, is awaiting debate in the Indian Parliament. The draft Bill would provide for the regulation and supervision of ART and would legalise commercial surrogacy. Under the Bill's provisions, the parties would enter into an enforceable surrogacy agreement and the surrogate would receive monetary compensation as well as health care treatment expenses during pregnancy. A surrogate mother is to be aged between 21 and 35 years old and should have no more than five children, including her own. The child would be regarded (in India, at least) the legitimate child of the commissioning married couple. Once the agreed payment has been made, the surrogate would relinquish all parental rights and these would vest in the commissioning party or couple whose names(s) would appear on the child's birth certificate. The child would not be an Indian citizen and foreigners seeking fertility treatment in India would be required to demonstrate that they had registered with their own Embassy and that they would be able to take the child to their country of origin or residence. Foreigners would also be required to appoint a local guardian to take care of the surrogate during the pregnancy and of the child, should the commissioning party or couple be unable or unwilling to receive the child. Whilst the Bill has still not become a law, the Indian Council for Medical Research Guidelines, 2005 provide the only non-statutory provisions which are neither justiciable nor enforceable in a Court of law. ISBN - 9789350353257

Pages : 196

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