Lalit
Asked August 06, 2013

ART Bill 2008: Surrogacy

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What is the status of Surrogacy Laws in India? Is ART Bill 2008 the only legal provision in India regarding Surrogacy? And what is the right of Surrogate mother (India)over her child when the child is supposed to be taken by foreigner (according to the terms of contract between aforementioned two parties?)

Answer 1

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Saumya Kumar

Currently, the law with respect to surrogacy is in the grey area. Different courts in India have allowed commercial surrogacy in different forms. In cases like Baby Manji Yamada and Jan Balaz, the Courts have allowed foreigners to take children born to surrogate mothers to their respective home countries. The Courts in these cases have always expressed their concern about the welfare of the surrogate mother as it depends entirely on terms of the surrogacy contract which governs the interest of the mother and the mode of transfer of the child. Considering this lacuna, the Courts have asked the Central Governments to formulate a law on this issue which brought in the Assisted Reproductive Technology Bill. This Bill could not be introduced in the Parliament and there has been a massive debate on this matter but the Bill could not be ratified. Quite recently, the Government has proposed that the new law will ban commercial surrogacy for foreigners. The Government has proposed that only Indian couples with medical proof of infertility will be allowed to get a surrogate child.  

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