The BBC UK has come out a news article about surrogacy in India. You can find the article here.
The BBC UK has come out a news article about surrogacy in India. You can find the article here.
The BBC UK has come out a news article about surrogacy in India. You can find the article here.
This clipping shows the importance of a surrogacy contract. A Couple who had failed to enter into a proper, legally binding contract with the surrogate mother had to lose the court battle and the rights over the child. The Surrogacy Contract plays a very important role in surrogacy. Please click here to view the video.
The foremost concern of the Intended Parents embarking on surrogacy is, “How do I take my child back to my country?”
This issue has gained major importance, and may be is one of the main reasons as to why Intended Parents choose India as the destination for surrogacy. The laws of various countries on surrogacy vary differently and therefore every national is placed on a very different footing.
European states such as the UK, Italy and few others have been dealing with surrogacy in a conservative manner, thus not making available the full benefits which could otherwise be derived out of assisted reproduction. The legal position of these countries is that the surrogate, who delivers the baby, shall be regarded the actual mother of the child, and her name be entered in the birth certificate of the baby. The Intended Parents (or the Genetic Parents) are required to take in adoption from the surrogate and her spouse. These laws do not give surrogacy the legal sanctity of ‘alternative form of reproduction’ but merely views them as an addition to adoption.
On the other hand, the American approach to surrogacy is completely liberal. Commercial surrogacy is an accepted form of Assisted Reproductive Techniques. The legal issues for American Couple coming down to India are far simpler compared to the European Nations. But again, a large number of American parents have come down to India, mainly because; the scientific improvements are kept at pedestal, which is not commercially reachable by the common man.
APPLICATION OF INDIAN LAWS
The application of the Indian Laws for the Intended Parents from abroad is their most worrying element. When the Intended Parents come down to India for surrogacy, the scenario is completely different and gains major importance.
The applicability of the Indian Laws is the same irrespective of the nationality of the intended parents. Laws of the respective of the countries play a role only at the stage when the intended parents attempt to take the child to their nations. But in most cases, for the purpose of determining of the nationality of child, Indian Laws are of prime importance.
The consulate of the country of Intended Parent has to be consulted before we arrive at a decision to take up the procedures in India. For this purpose, effective communication and representation at the Embassy gains prime importance.
SINGLE PARENTING AND SAME SEX PARENTING
With regard to gay/lesbian parenting and single parenting, the European laws are very restricting. Most of those intended parents, take up the procedure as single parents in India, and then to take the baby back to their home country. And in these cases also, the Consulate of the country in India concerned has to be consulted and informed.
DETERMINATION OF LEGAL POSITION-IMPORTANCE
In India, when a child is born using a surrogate, the Birth Certificate shall bear the name of the genetic parents, helping the Intended Parents take their child to their home country. And thus, before embarking on surrogacy, the Intended Parents must have complete knowledge about the laws applicable in this regard. Such knowledge gathered beforehand helps in proper decision making. This also helps cut down the delay that arises after the birth of the surrogate child. Hence, the intended parents should consider such factors before making the decision as to what country to take up surrogacy.
Indian Surrogacy Law Centre recommends the following pointers for choosing of the right surrogate mother:
a) The surrogate needs to be a practical person who is completely aware of every possibility with regard to surrogacy. For this purpose, a proper medical and legal counselling to the surrogate would suffice in the normal circumstances.
b) The surrogate should understand that surrogacy is not a typical pregnancy procedure and there are more issues connected to it which are more complicated.
c) The surrogate also needs to understand that the possibility of conceiving through this method is not that simple and not easy. More importantly, that getting pregnant is something which is not in her hands.
d) The Surrogate must clearly understand that surrogacy is very time consuming and that it takes more a year. The surrogate should not be totally dependent on that money which is coming through surrogacy, as the surrogate tends to become hysterical until the receiving of the money.
e) The surrogate should realise that she will be given a lot of medication and injections during the term of the pregnancy and she should be ready to go through these pains.
f) The spouse of the surrogate must not only accept the process of the surrogate taking part in the surrogacy, but he should also encourage the surrogate. It has been understood that the surrogate would be facing undesirable family problems in cases where she volunteers without the knowledge or acknowledgement of her spouse. More importantly, the surrogate spouse should have been informed about all the possibilities of the surrogacy.
g) The surrogate should be aware of selective reduction. The surrogate mother must clearly understand that conceiving of more than one baby is an inherent possibility and there are high chances for it to take place. In such cases, selective reduction would be a normal process. The surrogate mother should accept selective reduction, if the need arises. Multiples are very common in surrogacy and it cannot be assumed that it cannot happen in your case.
h) The surrogate should fix her own fees to see what according to her is the proper remuneration according. In most of the cases, this would also enable the Intended Parents to understand the attitude of the surrogate.
i) It is most appropriate that the surrogate has had prior proven pregnancies. The whole procedure of surrogacy is extremely expensive for the Intended Parents. The Intended Parents take up all the expenses incurred in this lengthy procedure. It has to be taken into consideration that where the surrogate has already had a proven pregnancy, it would enhance her quality as a surrogate as she has proved her capacity as a child bearer already.
j) Surrogate would be facing unexplainable hardship in parting with the child which she had borne for the term. In such cases, it is most advisable that the surrogate has already got children to whom she can return back, after handing over the child to the Intended Parents.
k) Though the surrogate may be ready mentally for handing over the child, the imbalance of hormones which takes place during the time of pregnancy might bring in mood swings for the surrogate and might destruct all her mental stability. In such cases, it is most advisable that the surrogate mother has already got childrens to whom she can get back after the surrogacy.
l) There exists a possibility that the surrogate mother might never be able to conceive again after undergoing surrogacy. It is most advisable that the surrogate mother has already given birth to children, so that she would not feel exploited in cases the surrogacy leaves behind a situation where she can never bear a child again.
m) The surrogate mother should be a woman of courage who will be able to face independently various constraints which are emotional as well societal.
n) The surrogate mother must take her own independent and autonomous decision to act as a surrogate and to bear the child. The decision to act as a surrogate should not come out of compulsion or out of coercion. This is most important in country like India where woman are not independent to make decisions.
The experience of motherhood is a wonderful experience and the surrogate should wilfully come forward for doing it. It is only then that the Intended Parents as well the surrogate go through the process conveniently and comfortably. More importantly, it is a good deed and it is not advisable for anyone to feel exploited in the process.