Surrogate Motherhood

Chetan (Querist) 26 February 2008 This query is : Resolved
Law relating to surrogate motherhood in India.

Hello,

Are there any laws that regulate surrogate motherhood in India?

Do you know anyone who deals with legal issues relating to surrogate motherhood in india. If yes, please provide me the contact details.

regards,

Chetan Padival

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Prakash Yedhula (Expert) 26 February 2008
India has become the new hire-a-womb destination for clients from all over the world. There are no proper laws to regulate it and that’s why the Government is now preparing its first legislation on surrogate motherhood.there are only two laws in India that deal with infant and the mother. The first one bans advertisement of baby food to encourage breastfeeding and the second one deals with maternity leave of the mother. However, no statues regulate surrogate motherhood in India.

So the proposed legislation will deal broadly with three issues – pre- and post-natal health care for the surrogate mother and the child, legal and financial obligation of the client in case of death of either the child or the mother and issues related to organ donations in the future.

Chetan (Querist) 26 February 2008
thank you for your quick reply.

would be good to know if there are any lawyers dealing with any legal matters relating to surrogate motherhood / or any lawyer who has done extensive reading / research on the said matter.

SANJAY DIXIT (Expert) 25 July 2008
As of now, there is no law on surrogacy in India. There are certain guidelines issued by the Indian Council of Medical Research (ICMR) on surrogacy and Assisted Reproductive Technologies.