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Legal Needs
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| Oct 10, 2008 4:57 am |
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[Info] Surrogacy |
Vijay Nair
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The Ministry of Health and Family Welfare has published the Assisted Reproductive Technology (Regulation) Bill, 2008. The bill seeks to regulate the practice of surrogacy and will be tabled during the winter session of the Parliament.
Among other things, the bill empowers a National Advisory Board to act as the regulatory body laying down policies and regulations. It also seeks to set up State Advisory Boards that are, in addition to advising state governments, charged with monitoring the implementation of the provisions of the Act particularly with respect to the functioning of the Assisted Reproductive Technology clinics, semen banks and research organizations.
This is what the Bill lays down:
• Everything must be in contract form. Surrogates must have insurance, paid for by the parents-to-be.
• Foreign and NRI couples must register with their embassy. Their notarised statements must be given to the treating doctor.
• If a couple divorces after consenting to ART treatment, but before the child’s birth, the child shall be their legitimate child.
• Couples seeking surrogates or donors must approach registered semen banks to arrange suitable candidates. They may also advertise. A lawyer must draw up an agreement with the surrogate. Doctors and clinics are forbidden from this process, except to confirm if the surrogate is a medical match.
• Foreign or NRI couples must appoint a legally responsible local guardian for the surrogate during and after pregnancy.
• Surrogacy agreements and all other documents must be in order for the birth certificate to show the couple as genetic parents.
• The surrogate must relinquish all parental rights over the child. No woman shall act as a surrogate for over three live births in her life.
• Clinics or doctors prescribing surrogacy to patients who can normally carry a baby to term, will have licenses suspended or revoked.
• No ART may be performed on a woman below 21.
The Bill can be accessed here:
http://mohfw.nic.in/Draft%20ART%20%28Regulation%29%20Bill%20&%20Rules%20-%202008-2.pdf
Regards,
Vijay Nair, Partner
KNM & Partners, Law Offices
http://www.knm.in/Private Reply to Vijay Nair (new win) |
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