I have been forced to ban myself off the blog for a few days due to a very hectic work schedule and too much travel. However, here I am back a wonderful news that’s going to bring a smile on anyone’s face who’s reading this.
The Law Commission of India has submitted the 228th Report on “NEED FOR LEGISLATION TO REGULATE ASSISTED REPRODUCTIVE TECHNOLOGY CLINICS AS WELL AS RIGHTS AND OBLIGATIONS OF PARTIES TO A SURROGACY .” The following observations had been made by the Law Commission:
[1] Surrogacy arrangement will continue to be governed by contract amongst parties, which will contain all the terms requiring consent of surrogate mother to bear child, agreement of her husband and other family members for the same, medical procedures of artificial insemination, reimbursement of all reasonable expenses for carrying child to full term, willingness to hand over the child born to the commissioning parent(s), etc. But such an arrangement should not be for commercial purposes.
[2] A surrogacy arrangement should provide for financial support for surrogate child in the event of death of the
commissioning couple or individual before delivery of the child, or divorce between the intended parents and subsequent willingness of none to take delivery of the child.
[3] A surrogacy contract should necessarily take care of life insurance cover for surrogate mother.
[4] One of the intended parents should be a donor as well, because the bond of love and affection with a child primarily emanates from biological relationship. Also, the chances of various kinds of child-abuse, which have been noticed in cases of adoptions, will be reduced. In case the intended parent is single, he or she should be a donor to be able to have a surrogate child. Otherwise, adoption is the way to have a child which is resorted to if biological (natural) parents and adoptive parents are different.
[5] Legislation itself should recognize a surrogate child to be the legitimate child of the commissioning parent(s) without there being any need for adoption or even declaration of guardian.
[6] The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only.
[7] Right to privacy of donor as well as surrogate mother should be protected.
[8] Sex-selective surrogacy should be prohibited.
[9] Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only.
The Report has come largely in support of the Surrogacy in India, highlighting a proper way of operating surrogacy in Indian conditions. Exploitation of the women through surrogacy is another worrying factor which the law has to address. Also, commercialization of surrogacy is something that has been issue in the mind of the Law Commission. However, this is a great step forward to the present situation. We can expect a legislation to come by early 2010.
Related posts:
#1 by Susan Freudenthal on August 26, 2009 - 12:07 PM
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My husband and I are trying to find out how to purchase medical insurance for an Indian surrogate. Are there Indian agencies that sell such insurance? Or shall we use our U.S. insurance agency?
#2 by Dr. K G Madhavan Pillai on August 26, 2009 - 5:35 PM
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Message For Advocate G R Hari
Sir
Samad IVF Hospital, Thiruvananthapuram is a 20 year old hospital treating infertility .
Our social corporate division Samad Medical & allied research trust (SMART)is publishing a bilingual (english & malayalam ) tri-monthly magazine named Prajananam & Vandhyatha(Reproduction & Infertility) Licence no.KERBIL0910/11/1/200TC/a11/21658/2009/kdis(ADM,Collectorate,Trivandrum).
We mail copies to about 2000 medical/paramedical/ngos/advocates/activists/medical colleges/libraries & activists interested in the subject.
Joining with Trivandrum Govt Law college we are planning for a workshop on the draft bill on ART ( regulation) Bill &n rules 2008.
We request you to send us an article for publication.
Thanking you. Dr. Madgavan Pillai,Publisher.
#3 by Robert A. Brenner on August 28, 2009 - 5:54 PM
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I find this article very informative and to the point about the law commission. Looking forward to hear more from you.
#4 by A. Rakshit on September 18, 2009 - 5:43 AM
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Dear Mr. Hari:
I read with interest, your recent post on the Law Commission’s 228th report regarding surrogacy contract. Does this now attempt to outlaw commercial surrogacy? India was one country that has been allowing this so far. But when the Law Commission says: “..But such an arrangement should not be for commercial purposes” what does it say about the validity of commercial surrogacy contracts? Please clarify. Thanks.
A Rakshit
#5 by grhari on September 25, 2009 - 4:42 PM
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I know that the Law Commission sounds like it is recommending to ban commercial surrogacy. But the opinion in this respect is quite not clear and a lot of deliberation is required before coming to that sort of conclusion. A decision without reasons cannot be termed as a sound reason.
Commercial surrogacy surrogacy as such not bad to the society, but is only the commercialization of surrogacy that might undue harm to the society. The review of the Law Commission report is found at http://blog.indiansurrogacylaw.com/wp-content/uploads/2009/09/ISLC-comments-on-Law-Commission-Report.pdf .
G R Hari,
Partner, Indian Surrogacy Law Centre
#6 by chetan on December 10, 2009 - 1:20 PM
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hello mr. hari,
I myself want to have a baby in india through a surrogate. i would like to know that are there any problems of foreign parents to take the baby abroad after the birth.
what are cost and how many days it takes for the process ?
please advise me.
are there any obstacles to the process.
#7 by Surrogacy on January 5, 2010 - 12:48 PM
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Your blog keeps getting better and better! Your older articles are not as good as newer ones you have a lot more creativity and originality now keep it up!
#8 by vimal on January 5, 2010 - 2:50 PM
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can u tell me under which section of law surrogacy in india legalized……………….
#9 by grhari on January 5, 2010 - 10:32 PM
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There is not yet a legislation on surrogacy. The bill is still in the draft stage and not presented before the parliament.
#10 by grhari on January 5, 2010 - 10:33 PM
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Thank you.
#11 by Mrs. jaya dadhich on July 7, 2010 - 2:49 PM
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Rspctd Sir , I am doing Ph.d. in Surrogacy , I want detailed matter on different aspects of surrogacy . Can you help me . Thank you . jaya dadhich
#12 by Kumar on August 3, 2010 - 1:18 AM
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What is the purpose of banning postnatal contact with the child by law when the commission is trying to make altrusic surrogacy .
The ban on postnatal contact with the child leads only to the exploitation of surrogate by the industry.
If the law allows for post natal contact industry can not exploit the surrogates .
It is very strange to ban postnatal contact when relatives and friends can become surrogates does the govt. want them to get rid of the family /friend relationships just for helping a friend /relative.
#13 by Mrs. jaya dadhich on December 23, 2010 - 6:53 PM
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rspctd Sir , I read your article on the 228th of law commission , there is a lot of changes in the bill 2010 , but please tell about the drawbacks of the bill becuase i think still bill is having some lackings . Thank you Mrs. Jaya Dadhich
#14 by Anuja on January 27, 2011 - 2:44 PM
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I so wish there is a complete ban on commercial surrogacy.
Your blogs are very informative.
Thanks
Anuja
#15 by sunil noronha on May 19, 2011 - 10:38 PM
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I am a single man 47yrs,wanting to have a child thru surrogacy with an egg donor. I do not intend to be married. What r the legal implications and hurdles at the time of obtaining government documents, admissions in schools and the rest.
Thanks
Sunil
#16 by Prof Dr V Nagaraajan MD MNAMS DM (Neuro) DSc.,(Neurosciences) on October 5, 2011 - 1:14 AM
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It is observed that no commercialization of the surrogacy in India, as per the law commission.
But the disputes, that some of the Nursing homes, act as a Middle person, and there are situations that the surr. mother is not getting the full money of contract. It is a surprise, the law commission term as “contractual agreement”denotes the total commercialization of the procedure. Then where is the passionate issues in this pregnancy state.
There should be no contract or no middle man or it should be commercialized.
None is taking place.
In most of the Nursing Homes, the amount given to the Surr. Mother ( intended only for hospitalization, medication and food- as per the Law commission observation ) , is being packaged. How legally it is correct ?
If some so called Middle man , cheats the surrogate without paying the money to her, is it legally an offence or no offence at all !!!
it is causing vertigo , if you go through the detail