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Ravi (Consultant)     20 July 2016

Surrogate mother

He has 2 children (Girls) already, he want a Brother for his Daughters but his wife is not ready or agree; she is Affaird next time also she will have Girl.

Can he appoint a surrogate mother ? to appoint he need his wife consent or not ?



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 7 Replies

JustAdvisor (IT)     20 July 2016

there is no concrete law governing surrogacy in India. The ART Bill has not seen the light of the day. nevertheless, IVF labs are likely to ask for consent of wife. if you manage them and go ahead with your plans bypassing your wife's consent, 1. legitimacy of the child may be questionable , 2. wife may be able to file for divorce on grounds of cruelty as your act is constructive adultery. I would advise you to seek wife's consent for whatever you do.

Ravi (Consultant)     21 July 2016

if there is no s*xual contact, how it will be adultry ?

JustAdvisor (IT)     21 July 2016

I will give you analogy - There are two ways to confine a person. One is put him in jail with doors locked. Second is keep doors open but threaten him that if he crosses the lakshman rekha you will kill him. The poor chap out of fear will stay in his home. The first one is confinement, the second is constructive confinement.

In your case, true: you are not having s*xual contact with any other female. But without the consent of your wife you are achieving what a s*xual intercourse achieves - birth of a baby. Hence I have advised you to seek consent of your wife.

Ravi (Consultant)     21 July 2016

as per my knowledge ART bill or wherver its not restricting not to donate sperms;
so i can say i donated, then adopt same child; is there any restriction to ADOPT also.

JustAdvisor (IT)     21 July 2016

Under section 7 of Hindu Adoption and Maintenance Act, you cannot adopt without the consent of your wife. So adoption is ruled out. You may consult a counsel who may perhaps find out a solution.

 

 

Ravi (Consultant)     21 July 2016

what if i am not Hindu

JustAdvisor (IT)     22 July 2016

FYI - 

 

https://icmr.nic.in/art/Chapter_3.pdf

Indian Council for Medical Research

(Code of Practice, Ethical Considerations and Legal Issues)

Please refer clause 3.5.6 - No ART procedure shall be done without the spouse’s consent.

So the above may rule out IVF. You may argue that these are guidelines but it is unlikely that any IVF clinic will violate them.

As far as general adoption of other children is concerned, it is covered by Juvenile Justice Act. There too as per section 57(2), consent of both spouses is necessary.

You may consult an able counsel to help you further.


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