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Rights and duties in relation to surrogacy in India

India’s government has instructed fertility clinics not to allow foreigners to use local surrogate mothers to bear children as it seeks to impose tighter limits on a growing industry that has raised concerns about the exploitation of women. In the Month of October a government body, said surrogacy services could be provided only to married Indian couples. The availability of medical infrastructure and potential surrogates, combined with international demand, has fueled the growth of the industry. Surrogate mothers receive medical, nutritional and overall health care through surrogacy agreements.

Excellent medical facilities, convenience in approach, abundant information on the Internet, favourable legal position and economic viability has immensely positioned India as a preferred destination for international surrogacy arrangements. With the passage of time, India has positioned itself as a pioneer in Surrogacy Arrangements, helping thousands of  couple achieving parenthood. The process of surrogacy is no more closed as it used to be earlier and much information is available even in the online space about surrogacy arrangements in India.

The desire to procreate is a very fundamental attribute of the human race. Sadly though, many are denied the joy of parenthood due to several reasons, biological or otherwise. With the developments in reproductive sciences and technologies the barriers to parenthood are no longer as formidable as they once were. Over the years, surrogacy has evolved as a much-preferred mode of bringing a child into this world, for childless couples who cannot biologically afford it otherwise. India, in particular has seen a rise in the recourse to surrogacy as an ideal technique for childless couples to enjoy the pleasures of parenthood. The only impediments the system faces now relate to the legal tangles that manifest it in the various phases of the process involved.

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We Care Surrogacy

We care Surrogacy believes that everyone should be able to experience the gift of parenthood. We represent couples and singles, both gay and straight.

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Legal annotations released by the Indian Council of Medical Research

3rd OCT 2015

Pointers on The Surrogacy (Regulation) Bill, 2014:

  • Bill introduced by an individual member of parliament and is not government sponsored bill.

  • This Bill deals on with surrogacy arrangements alone and not with Assisted Reproductive Technology as such.

  • The Bill provides to allow commercial surrogacy arrangements for couples from abroad if they have an appointed guardian in India.

  • Bill does not discuss ART Banks, whereby surrogate mother and egg donors can be identified.

  • Bill provides for insurace for surrogate mother must be sponsored by the commissioning couple

  • Bill provides for surrogacy for gay couples, after same sex relations are allowed in India

26 st SEP 2015

New Delhi: The government is ‘working’ on finalising a bill which will regulate assisted reproduction like surrogacy, the Rajya Sabha was informed on Tuesday.

The Indian Council Medical Research (ICMR) is revising the Assisted Reproductive Technology (Regulation) Bill, Minister of State for Health, said.

“The government is working on finalising Assisted Reproductive Technology (Regulation) Bill which also covers surrogacy,” he said in a written reply in Rajya Sabha.

He said that during inter-ministerial consultation some ministries and departments submitted their comments which were considered by the Department of Health Research (DHR) in consultation with Ministry of Law and Justice.

As per reports, the bill seeks to address issues like how many pregnancies can be allowed for a surrogate mother, the age of the mother and due compensation to be paid to her.

The bill will also allow single parents to have children through surrogates. The bill states that health insurance and regular tests will be made mandatory for surrogates, as per reports.

21st OCT 2014

An individual Member of Parliament has taken initiative to introduce a bill for regulating surrogacy in the Lok Sabha, known as the house of commons or the lower house of the parliament. The Bill No. 61 of 2014 named THE SURROGACY (REGULATION) BILL, 2014 had been introduced in the Lok Sabha on 08/08/2014 as gathered from the Lok Sabha website.

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