Commercial surrogacy law in India are active since 2002. Women in India specially from very lower income family are bound to take this risk and do it for their future assistance by making happy one Children less mother.

Commercial Surrogacy Law in India

There is an eternal relationship between parent(s) and a child. However, some couples are unable to bear child in a natural manner so they take help of surrogate technology instead of adoption. Surrogacy laws in the world are usually complex and uncertain. There are few countries that legalize surrogacy law and India is one of them. Many states in India are now issuing pre birth orders through the court placing the name of intended parents on the birth certificate from the start.

Surrogate Mother

“A surrogate mother is a woman who agrees to carry someone else’s baby. She becomes pregnant using some form of assisted reproductive technology, frequently IVF. The surrogate mother carries the baby to term and gives birth, and the baby is released from the hospital to its intended parents.” [1]

Surrogacy is basically an agreement between a surrogate mother and intended parents to carry a pregnancy and giving birth to a child to another woman. This agreement can be gratuitous or voluntarily. The surrogacy can be paid or unpaid according to the agreement between the people.

Reference : [1] http://www.familyformation.com/what-is-a-surrogate-mother/

Surrogacy Laws in Other Countries:

Australia

In Australia the surrogate mother is considered as a legal mother of the child. Commercial surrogacy in the states of Australia is considered as a criminal offence. But altruistic surrogacy has been legalized under Surrogacy Act, 2010. Usually couples prefer adoption rather than surrogate technology. It does not seem that commercial surrogacy can become legal in near future.

France

Since 1994 any surrogacy whether commercial or altruistic surrogacy is illegal in France.

Canada

In Canada altruistic surrogacy is legal but when it comes to commercial surrogacy it is illegal in Canada under Human Reproduction Act, 2004. Any contractual agreement that involve surrogacy is void and unenforceable.

Israel

Israel is the first country that legalizes all types of surrogacy and implemented state controlled surrogacy in which each and every agreement that involves surrogacy should be approved directly by the state.

United Kingdom

Surrogacy has been legalized in United Kingdom in 2009. The relationship can be recognized under Section 30 of Human Fertilization and Embryology Act, 2009.

India

In India all types of surrogacy are legalized since 2002. India is considered as a hub for surrogacy.

Surrogacy Contract Law:

Surrogacy contract between the parties and the Assisted Reproductive Technique (ART) clinics are the guiding force in India. The law commission of India needs to review the surrogacy law keeping in mind that India is the International Surrogacy Hub.

International Surrogacy Law in India

Baby Manji Yamada Surrogacy Case

In the case Baby Manji Yamada v. Union of India- Baby Manji who was a surrogate child of a Japanese Couple born in Gujrat was involved in legal hassles of getting a visa. Finally Supreme Court in favour of Baby Manji gave judgment by giving custody to her grandmother.

Checklists for International Members

• When it comes to International surrogacy it involves bilateral issues where both the countries should be at par otherwise a concern may arise.

• Regarding exploitation of women, human reproductive system, exploitation of children etc. The ART clinic is only guided by Indian Council of Medical Research.

• The 228th report was submitted by the Law Commission of India on the topic “Need for legislation to regulate assisted reproductive technology clinics as well as rights and obligation of parties to a surrogacy”.

The 228th Report Statements :

• Surrogate agreement will be governed amongst the parties includes consent of surrogate mother, her husband and family.
• Medical procedure for artificial insemination.
• Willingness to hand over the child to intended parents.
• This procedure should not be for commercial purposes.
• Financial support should be provided to the surrogate child in case of death of the couple or surrogate mother.
• Divorce between the intended parents and if they refuse to take the delivery of the child.
• Contract should also provide life insurance cover to the surrogate mother.
• One of the intended parents should be a donor to reduce child abuse which has been witnessed in adoption.
• The donor or the surrogate mother has full rights to avail right to privacy.
• Legislation should recognize the surrogate child as a legitimate child of the intended parents.
• In case of abortion of child, it should be governed under Medical Termination of Pregnancy Act 1971 and sex selective surrogacy is prohibited in India.

Dignity of Woman-hood:

Basically there is no law in India which governs commercial surrogacy. The Supreme Court has asked the government to bring this issue within the ambit of law. The court also rose that it may lead to economic and psychological exploitation of surrogate mother and whether the practice is inconsistent with dignity of womanhood. [2]

Reference :[2] http://indianexpress.com/article/india/india-news-india/supreme-court-asks-centre-to-bring-commercial-surrogacy-within-ambit-of-law/

What i know more about Indian Surrogacy scenario is Akanksha hostel in Anand, a small town in Gujarat that has a reputation as India’s “surrogacy capital.” If our readers know any other hospitals, nursing homes where surrogacy takes places please share it with us over here.