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thirumala1 (yyyyyyyyyyyyyyyyyy)     04 December 2013

Surrogacy

hello experts

about a moot problm

issue: surrogacy

a couple hired a girl for a surogacy  she agreed and started the procedure after 5 months there is a fight btween the married couple which paved the way  to divorce and they dont want the child ,

1 she already crossed the 5th month she could not  go for abortion and could not bare the expenses because of couples irreterivable breakdown of marriages

2 after delivery what about the child custody and the girl is umarried and she cant  take the child

please need ur suggestion

thanks alot



 2 Replies

Suri.Sravan Kumar (senior)     04 December 2013

Indian Council for Medical Research’s guidelines for surrogacy

In 2005, The Indian Council for Medical Research gave guidelines to help regulate Assisted Reproductive Technology procedures. The Law Commission of India submitted the 228th report on Assisted Reproductive Technology procedures discussing the importance and need for surrogacy, and also the steps taken to control surrogacy arrangements. The following observations had been made by the Law Commission:

  • Surrogacy arrangement will continue to be governed by a contract amongst parties, which will contain all the terms requiring consent of surrogate mother to bear the 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.
  • A surrogacy arrangement should provide for financial support for the 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.
  • A surrogacy contract should necessarily take care of life insurance cover for surrogate mother.
  • 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.
  • Legislation itself should recognise 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.
  • The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only.
  • Right to privacy of donor as well as surrogate mother should be protected.
  • Sex-selective surrogacy should be prohibited.
  • Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only
1 Like

thirumala1 (yyyyyyyyyyyyyyyyyy)     05 December 2013

thank u shravan kumar


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