We have mails pouring in from anxious intended parents worrying about their prospects of having a surrogacy arrangement in India.
“How safe is it to take up surrogacy in India as the Supreme Court of India is now considering the merits of surrogacy? What if the Supreme Court of India gives a negative verdict?” is the usual concern.
And my usual answer would be “it would be the safest way to parenthood if you are informed.”
International surrogacy arrangements (anywhere it may be) always involve legal complexities and uncertainties irrespective of the countries involved. No country in the world can claim that surrogacy in their nation is perfectly uncomplicated and without any legal hassles. The simple reason for this is surrogacy involves very basic but serious questions of law relating to citizenship, nationality, motherhood, and parentage etc. Any country would have laws with these laws forming its backbone and conflict of laws in many is natural.
However, it is most important that you are not stuck into the legal issues without even knowing the depth of it. It is most recommended that intended parents assess what might be possible issues that they might be facing if they take up surrogacy in India. They are required to assess the risk factors against them, and weight it against the positives. Some countries have an established route to take back the child but many don’t. But in all cases, it is most advisable to know your cues before proceeding.

Legal Audit and Risk Assessment

For this purpose, the Legal Audit and Risk Assessment plays a key role. Legal Audit and Risk assessment involves a comparative study of the laws of homeland of the intended parents and that of India to speculate the issues of conflict that might arise and as to tackle them. Special concern at this occurs to intended parent who are gays as the Indian Law in not uniform in may of the cases.

When should Legal Audit and Risk Assessment be taken up?
It is very important that Legal Audit is taken before surrogacy arrangement is made with a clinic in India so that you aware of the laws that would affect you and you can act in a cautioned manner. However, couples who have already crossed the implantation of the embryo stage, but are still uncertain on how to take back the child would can take up the Legal Audit and Risk Assessment.

Israel High Court of Justice decided on an application filed by a gay married couple for taking up third party reproduction and raise a child. The High Court after deep thought elaborately decided that the matter was one to be decided by the Congress (Knesset) and not by the court as the matter involves policy of the state.

The frame of the argument was in short that the availability of the surrogacy arrangement only to heterosexual couples was arbitrary and violates the constitution, which guarantees equality. The state vehemently opposed this argument stating that the matter had far reach implications. The State of Israel decided to establish a committee to study the issue of third party reproduction.

Another interesting question that was considered was the extent of using scientific improvements such as surrogacy. It was pleaded by the State that surrogacy was allowed in Israel only for the intended parents who could not otherwise reach parenthood for medical reasons. It was argued that this couldn’t be stretched for homosexual couples.

The Supreme Court of Israel also sits as the High Court of Justice. This function is unique to the Israeli system because as the High Court of Justice, the Supreme Court acts as a court of first and last instance. The High Court of Justice exercises judicial review over the other branches of government, and has powers “in matters in which it considers it necessary to grant relief in the interests of justice and which are not within the jurisdiction of any other court or tribunal.”

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.

It is reported by few of the newspapers that Bulgaria is all set to amend its presently existing Health Act allowing surrogacy. Surrogacy is illegal in Bulgaria with the presently existing legal system. It is stated that the amendments would enable women aged between 25 and 45 years of age to be surrogate mothers. It was also decided that any woman would not be able to act as a surrogate mother more than twice and the amendment also provides for a register of the surrogate mothers in Bulgaria. According to the proposed legislation, surrogacy can be chosen only for medical factors resulting in infertility.