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 a legally wedded couple’s gametes. The child was carried by the wife’s sister. On birth of the child, the name of the mother was left vacant and only the name of the father was filled. The Couple applied to the Indiana Court for a declaration that the wife should be declared to be legal mother of the child and that her name should occupy the mother status in the birth certificate. The surrogate mother too filed an affidavit in support of their petition. But the judge refused, ruling that “Indiana law does not permit a non-birth mother to establish maternity. Indiana law holds the birth mother is the legal maternal mother.” Attorney Steven Litz applied the Court of Appeals to intervene, challenging the constitutionality of Indiana’s paternity law because it allows men — but not women — to establish legal parenthood. Such similar stand was taken in Arizona and Maryland Court where the similar paternity laws in surrogacy situations were inadequate to deal with reproductive technology. The Judges clearly did not want to delve into constitutionality aspects and were looking for a simpler solution for the whole problem. The matter is still pending.

The same question is arising in every country where surrogacy is permitted. Who is the legal mother of the child? The similar facts of the Jan Balaz Case was purpose of Nationality/Citizen. So is similar the British Nationals case which was handled by me. The solution for this legal problem can be arrived only with a comprehensive legislation dealing with the intricate issues of surrogacy. The much larger issue of international surrogacy calls for a international treaty concerning surrogacy.

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 a legally wedded couple’s gametes. The child was carried by the wife’s sister. On birth of the child, the name of the mother was left vacant and only the name of the father was filled. The Couple applied to the Indiana Court for a declaration that the wife should be declared to be legal mother of the child and that her name should occupy the mother status in the birth certificate. The surrogate mother too filed an affidavit in support of their petition. But the judge refused, ruling that “Indiana law does not permit a non-birth mother to establish maternity. Indiana law holds the birth mother is the legal maternal mother.” Attorney Steven Litz applied the Court of Appeals to intervene, challenging the constitutionality of Indiana’s paternity law because it allows men — but not women — to establish legal parenthood. Such similar stand was taken in Arizona and Maryland Court where the similar paternity laws in surrogacy situations were inadequate to deal with reproductive technology. The Judges clearly did not want to delve into constitutionality aspects and were looking for a simpler solution for the whole problem. The matter is still pending.

The same question is arising in every country where surrogacy is permitted. Who is the legal mother of the child? The similar facts of the Jan Balaz Case was purpose of Nationality/Citizen. So is similar the British Nationals case which was handled by me. The solution for this legal problem can be arrived only with a comprehensive legislation dealing with the intricate issues of surrogacy. The much larger issue of international surrogacy calls for a international treaty concerning surrogacy.

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 child to the US. I am not completely aware of the facts of the case and the article also does not disclose the fine facts of the issue. However, I have mailed the author of the article, Ms./Mrs. Jaya Menon asking for more information on her article. I await the reply for the same.

The article brings me quite an amount of curiosity as to what difference this case had made as I am through informed sources that the processing of the Passport applications of Children born through surrogacy is a regular affair at Bombay and the Hyderabad Consulate. This case to be singled out certainly is very curious.

The link to the article is found here.

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 child to the US. I am not completely aware of the facts of the case and the article also does not disclose the fine facts of the issue. However, I have mailed the author of the article, Ms./Mrs. Jaya Menon asking for more information on her article. I await the reply for the same.

The article brings me quite an amount of curiosity as to what difference this case had made as I am through informed sources that the processing of the Passport applications of Children born through surrogacy is a regular affair at Bombay and the Hyderabad Consulate. This case to be singled out certainly is very curious.

The link to the article is found here.

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 child to the US. I am not completely aware of the facts of the case and the article also does not disclose the fine facts of the issue. However, I have mailed the author of the article, Ms./Mrs. Jaya Menon asking for more information on her article. I await the reply for the same.

The article brings me quite an amount of curiosity as to what difference this case had made as I am through informed sources that the processing of the Passport applications of Children born through surrogacy is a regular affair at Bombay and the Hyderabad Consulate. This case to be singled out certainly is very curious.

The link to the article is found here.

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.

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 Union of India responded that India shall make all attempts to have the children sent to Germany. German authorities have also agreed to reconsider the case if approached by the Indian authorities.  The case which is fast improving might soon be a happy ending.

I am making this post partly from the Supreme Court of India. 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 the German Couple, Mr. Jan Balaz to unconditionally submit himself to the Jurisdiction of the Apex Court even if he moves outside India. Senior Counsel Mr. Rao said he shall undertake to fulfil 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.

SO much has happened in Surrogacy in India in the last one month. With these turn of events in such quick pace, we feel Indian Surrogacy Law is now getting a better shape. The following are the list of events which cover the quick change in the Indian Scenario of Surrogacy Laws:

  1. Guajrat High Court decides that Indian Surrogate Mother is the Legal mother of the child
  2. India’s First Suit for parental order was dismissed by the Civil Court at Anand
  3. The decision of the Gujrat High Court is challenged by Union of India at the Supeme Court of India.

The events listed above shall have a deep impact on the show nourishing Indian Surrogacy Law. It can be seen that the Surrogacy Law in India is now growing into areas which was never thought before, with issues arising much more mature and complicated. I shall be taking our reader through each of these issues in a phased manner, discussing the impact caused by them. The delay in writing about these was caused due to involvement of Indian Surrogacy Law Centre in these matters.