SURROGACY LAWS INDIA: REVIEWING THE YEAR ***
A lot happened across world in the year *** and with respect to surrogacy it has been a roller coaster ride.Here are the highlights of the *** year.
1.After effects of banning single parents:
The after effects of banning single parents (vide 9th July *** notification) from commissioning surrogacy in India could be seen even in the beginning months of *** those who are not aware about this notification, India banned all unmarried heterosexual and single parents from commissioning surrogacy in India.Also hurdles like flying on medical visa and obtaining letter from their country of origin permitting surrogacy were erected.The deadline announced by Indian government for clearing pending cases was 31st October *** yet like always keeping the interest of child as the paramount consideration(that’s what India did in case of Baby Manji, Jan balaz etc) the children were allowed to fly with parents by clearing files on case to case basis.
2.Gates opened for PIO/OCI card holders with certain pre-requisites
PIO and OCI card holders were allowed to commission surrogacy in India and the requirement of medical visa was waived for them.The new condition of obtaining the permission from Indian Authorities before commencing surrogacy was also implemented though less advertised by Indian authorities.Also other technical requirements were put the list of which can be obtained from legal attorneys practicing in surrogacy laws in India.
3.Surrogacy in Nepal
With India temporarily banning surrogacy for some category of parents both Thailand and Nepal emerged as surrogacy hubs.Both the countries have a similar law structure i.e.no law for surrogacy, and that exactly what tempted parents across globe to fly to these destinations.While Thailand banned surrogacy, Nepal too requires to clear its stand and protect innocent Intended Parents by stating what their law is in regards to surrogacy.
4.Australian Parents abandoning surrogate born child in Thailand & India
Some Australian Intended Parents brought depressing news for the otherwise well praised Australian Parents community by getting in light two consecutive cases of abandoning their newly born.While for one parent the reason was down syndrome, for the other parent the reason was sex of the child.Things went more negative when incident of such willful abandonment by the Australian parents was suppressed by using political links in Australia only to be brought to the notice of others by Family Court Chief Justice, Australia.
5.Thailand bans surrogacy
With Thai government never permitting surrogacy in the first chance (though expressly no law banning it was in place) surrogacy sector bloomed full fledged in the country.By the time Thai government realized it many intended parents had already being lured by surrogacy agencies/doctors and clinics.The result was many Israeli parents got stranded when Thai government denied granting exit permit despite Israeli government supporting its overseas commissioning parents.The reason for Thai government’s prohibition was simple: child born to Thai surrogate mother was still a Thai.Only if at correct time the surrogacy laws would have been brought to the knowledge of the intended parents those days of fear, anxiety and sorrow would have been avoided.Thailand now has banned surrogacy by passing a law to this effect.
6.Medical visa to Australian Intended Parents for India: Delayed
The Indian Embassy for reasons undisclosed yet obvious moved ahead with temporarily delaying the medical visa applications of all Intended Parents from Australia planning to commission surrogacy in India.The said halt on approving medical visa application has not been lifted till date despite of Intended Parents being fully eligible for visa.The requirement of obtaining a letter of legal counseling for Parents regarding surrogacy laws in India has also been advised.
7.Did India enact ART Draft (Bill) *** in the winter session: End to all speculation?
With a change in the government of the country, it was expected that India will soon enact its ART Draft (Bill) *** in the winter session.Amidst all the confusion that whether the bill has been tabled or not the news of another bill namely Surrogacy Act *** (which was tabled by a state parliament member and devoid of power of regulation surrogacy sector of India) started doing the round.Winter session ended on 23rd December *** ending all speculations regarding the tabling and passing of ART bill ***
Please feel free to write to us for free legal consultation at ***
