Surrogacy: Legal Issues and Ethical Considerations
In 2013, the
Supreme Court of India concluded that the citizenship of the child born through
surrogacy process will have the citizenship of its surrogate mother. Under the
legislation, it banned surrogacy to single persons, homosexual couples, foreign
single individuals and couples in live-in relationships.
landmark decision also derived certain rights to the surrogates wanting to rent
their wombs to infertile couples. Under Assisted Reproductive Technologies
(ART) Bill, women in India were benefited under commercial surrogacy so as to
protect the legal and ethical issues related to surrogacy and nationality of
the child born out of ART.
Pahlajani Surrogacy Center ensures that no woman less than 21
years of age and above 35 years acts as a surrogate, women with more than five
successful births, including of their own children are considered ineligible
for surrogacy, and two-year interval between two deliveries mandatory for
surrogate mothers, and surrogates cannot undergo embryo transfer for more than
three times for same couple. Surrogates are also tested, HIV, Hepatitis A and
B, Sexually Transmitted Diseases and other genetic diseases before the process.
mothers could retain the rights of insurance, medical and living cost during the
pregnancy period from the infertile couple. Surrogates also have the right to
terminate her pregnancy at any month owing to some medical complications.
However, if the termination occurs without medical but other reasons then the
surrogate would be subject to reimburse the cost to the infertile couple.
In case the first
embryo transfer fails in the surrogate mother, she has right to decide (on
mutually agreed financial terms) whether to accept at most two more successful
embryo transfers for the same couple. The recipient couple, staying outside
India, would be obligatory to appoint a local guardian for the surrogate
carrying their child responsible to take care of the mother.Also, only
Indian citizens have the right to act as a surrogate, and Pahlajani Surrogacy
Center does not encourage/allow an Indian for surrogacy in abroad.
Surrogacy Center, the Infertile couple are ensured to be the biological parents
of the child born through surrogacy process, the surrogate would have no parental
right on the child and would not be allowed forced communication with the child.
However, the child can establish a communication after reaching adulthood. The
couple seeking surrogacy also has right to access information about family and
medical background of the surrogate.The birth
certificate issued in respect of a baby born through surrogacy is issued in the
names of the couple who commissioned the surrogacy and addresses them as
parents. The couple who has availed of the services of a surrogate mother is
legally bound to accept the custody of the child/children irrespective of any
abnormality that the child/children may have.
law, Pahlajani Surrogacy Center does not give services of more than one
surrogate to a single couple and does not allow simultaneous transfer of
embryos in the woman and in a surrogate.Also, the foreigners
seeking surrogacy services in India are
made to provide written proof that their home country permits surrogacy, and it
is ensured that the child born through surrogacy in India will be permitted
entry in their home country and have legal rights under the law of the country.
Pahlajani Surrogacy Center also ensures safeguarding the caste, ethnic identity
and descent of both the surrogate and infertile couple.