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| | The Legal Needs Network is not currently active and cannot accept new posts | | [Info] Surrogacy | Views: 1087 | | Oct 10, 2008 4:57 am | | [Info] Surrogacy | # | 
Vijay Nair | | 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 | | Oct 10, 2008 3:39 pm | | re: [Info] Surrogacy | # |
7 Th Thinking Hat | | 1)A normal husband and wife choose to mother their child through a surrogate women for non clincal-reasons? If all the three parties have informed consent, will the law stand in the way?
2) What is the nationality of a child born through surrogacy if either or both of biological parents are foreigners and the surrogate women in indian and the child is born in India?Private Reply to 7 Th Thinking Hat | | Oct 11, 2008 4:03 am | | re: re: [Info] Surrogacy | # |
Vijay Nair | | 1)A normal husband and wife choose to mother their child through a surrogate women for non clincal-reasons? If all the three parties have informed consent, will the law stand in the way?
- The answer should be NO.
2) What is the nationality of a child born through surrogacy if either or both of biological parents are foreigners and the surrogate women in indian and the child is born in India?
- IndianPrivate Reply to Vijay Nair | | Oct 11, 2008 8:51 am | | re: re: re: [Info] Surrogacy | # | 
Ritu | | 1)A normal husband and wife choose to mother their child through a surrogate women for non clincal-reasons? If all the three parties have informed consent, will the law stand in the way?
~~That would be height of laziness. :-D
A few days back I was reading in a magazine where a 'A normal husband and wife were choosing to mother their child through a surrogate women for non clincal-reasons' cos the wife wanted to pursue her studies & career & the husband was very 'supportive'...but the doctors refused to allow surrogacy on 'ethical' grounds.....of course at that time there were no surrogacy laws in India & not even a talk abt putting one in plce....& I guess surrogacy would be allowed only on the basis of 'necessity' & not as a means to bypass normal childbirth altogether just cos one can 'afford' it.
2) What is the nationality of a child born through surrogacy if either or both of biological parents are foreigners and the surrogate women in indian and the child is born in India?
~~It should be a foreign nationality.Private Reply to Ritu | | Oct 13, 2008 2:01 pm | | re: re: re: re: [Info] Surrogacy-Height of laziness? | # |
7 Th Thinking Hat | | It need not be height of laziness. Even if it is so,may be it is just one degree farther than using washing machine instead of doing the cloths yourself. It is a matter of technology and mindset.
There are several carreers which like acting,modelling etc where the peak period overlaps with child bearing age and clash with child bearing restraints. Surrogacy is to child bearing like outsourcing is for business.
Today's technology gives us options which were unthinkable in the past.Private Reply to 7 Th Thinking Hat | | Oct 13, 2008 6:46 pm | | re: re: re: re: re: [Info] Surrogacy-Height of laziness? | # |
Ritu | | 'Surrogacy is to child bearing like outsourcing is for business.'
 Private Reply to Ritu | | |
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