Last week we had an interesting development at the United Kingdom relating to commercial surrogacy. Mr. Justice Headley had pronounced another landmark decision pertaining to surrogacy. Mr. Justice Headley had earlier decided the case of Re: X & Y and also Re: K (Minors) both of which are pertaining to international commercial surrogacy.

The matter relates to a commercial surrogacy arrangement made in Illinois wherein agreements for commercial surrogacy are legal. The agreement is no doubt illegal as per the 2008 legislation in the United Kingdom. Mr. Justice Headley opined that he remains satisfied that “the payment in excess of the reasonable expenses were made in this particular case to the surrogate mother.”

He also opined: “I observe only that ‘reasonable expenses’ remains a somewhat opaque concept. The approach that I have adopted is to treat any payment described as ‘compensation’ (or some similar word) as prima facie being a payment that goes beyond reasonable expenses. It is necessary to emphasize (as comparisons between the USA and Western India graphically illustrate) that no guidance can be gained from ‘conventional’ capital sums or conventional quantum of expenses. Each case must be scrutinized on its own facts.” Mr. Justice Headley stated that it is important every intended parent duly acquaints themselves about the international surrogacy arrangements prior to entering to the same.

With the introduction of the 2008 legislation, the court stated that the welfare of the child is not only the court’s first consideration, but also the paramount consideration. The court weighed and balanced between the public policy considerations and welfare of the child to decide in favour of the welfare of the child. It was stated that the court would be able to withhold an order if otherwise welfare considerations supports its making. “It underlines the court’s earlier observation that if it is desired to control commercial surrogacy arrangements, those controls need to operate before the court process is initiated i.e. at the borders or even before.”

This decision gains importance in view of the growing number of intended parent flying to India for commercial surrogacy. As stated in the decision, it is important the intended parents are well informed about the legal position in India and in UK prior to entering into commercial surrogacy arrangements. It has to be seen on a case by case basis and never there is a general rule.

The official copy of the full text decision is available here.

Bulgaria is now making moves to amend its laws to allow surrogacy. We had earlier on the amendment proposed by Bulgaria here. Kalina Krumova, an MP from the Ataka Party and a mover of the surrogacy bill had stated the bill is much required to be passed in view of the plunging population and absence of such a bill might lead to developing of a black market for surrogacy. At the moment, Bulgarians take up international surrogacy.

Bulgaria is now making moves to amend its laws to allow surrogacy. We had earlier on the amendment proposed by Bulgaria here. Kalina Krumova, an MP from the Ataka Party and a mover of the surrogacy bill had stated the bill is much required to be passed in view of the plunging population and absence of such a bill might lead to developing of a black market for surrogacy. At the moment, Bulgarians take up international surrogacy.

Bulgaria is now making moves to amend its laws to allow surrogacy. We had earlier on the amendment proposed by Bulgaria here. Kalina Krumova, an MP from the Ataka Party and a mover of the surrogacy bill had stated the bill is much required to be passed in view of the plunging population and absence of such a bill might lead to developing of a black market for surrogacy. At the moment, Bulgarians take up international surrogacy.

Bulgaria is now making moves to amend its laws to allow surrogacy. We had earlier on the amendment proposed by Bulgaria here. Kalina Krumova, an MP from the Ataka Party and a mover of the surrogacy bill had stated the bill is much required to be passed in view of the plunging population and absence of such a bill might lead to developing of a black market for surrogacy. At the moment, Bulgarians take up international surrogacy.

Bulgaria is now making moves to amend its laws to allow surrogacy. We had earlier on the amendment proposed by Bulgaria here. Kalina Krumova, an MP from the Ataka Party and a mover of the surrogacy bill had stated the bill is much required to be passed in view of the plunging population and absence of such a bill might lead to developing of a black market for surrogacy. At the moment, Bulgarians take up international 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.

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.