Indian laws on surrogacy are not clear.However, as the government plans to pass the Assisted Reproductive Technology (ART) bill, this uncertainty will change.The ART bill will regulate In-Vitro Fertilization (IVF) and exclude gay couples from hiring surrogates in India.This is because the government of India has not legalized gay relationships, although it has been decriminalized by the Delhi High Court.Further, surrogacy for gay couples will be an option only after the country legalizes gay relationships.The bill also provides for prohibiting IVF clinics from conducting surrogacy transactions.Instead, it plans to set up special ART banks that will track reproductive donors and surrogate mothers.
The bill’s stipulations about who is eligible to use assisted reproductive services are also problematic.It states that ARTs will be available to all married or unmarried couples as well as single people, but defines “couple” as two persons “having a sexual relationship that is legal in India,” where homosexuality has been decriminalized but not legalized.“Married” and “unmarried” couples are also defined as those in marriages or relationships that are legal in the country where they are citizens.Accordingly the ambiguous language makes it unclear whether assisted reproductive technologies would be available for gay couples, and particularly for Indian gay couples.
As the world’s media seems intent on declaring that forthcoming legislation in India will effectively ban gay couples from becoming parents through surrogacy, the question arises as to exactly what foundation these claims have.Drafts of the Assisted Reproductive Technology (Regulation) Bill *** which has been in process since *** and includes recommendations dating as far back as *** have thus far not explicitly stated one way or another whether gay couples will be eligible under the proposed rules.
Thus from these concepts we can only draw the conclusion that a gay couple may fall short of the requirements of being a “couple” for the purposes of this Bill, but may be acknowledged as being married, or unmarried depending on their legal status in their home country.In fact it would seem that in adding these more specific references to types of relationships or relationship status that are legal in countries other than India, that there is an increased possibility for gay couples to be eligible for surrogacy under the terms of what may become the new laws that govern this area of medicine.
The Bill therefore makes no specific stipulations about gay couples entering in to a surrogacy agreement, apart from their being generally eligible as one of the defined groups from Section 32 (1).Furthermore, both individuals who make up the “commissioning” couple must be party to the legally binding contract that will be drawn up.
Unless specific changes are made during the passing of this Bill, it is difficult to see how the current content will preclude or prejudice gay couples.
The ART bill also provides that foreign couples obtain a document from their embassy stating that the surrogate child will be granted the countries citizenship.This document is a must-have for securing a surrogacy agreement with any ART clinic.The clause, however, may hinder the prospects for couples coming from countries that do not recognize surrogacy.
Regardless of how the bill moves forward, there is an ongoing boon in the Art industry and commercial surrogacy in India.
Becoming a proud parent with the help of Third Party Reproduction involves a considerable financial and emotional investment.The surrogacy treatment cost is very economical in India as compared to the cost involved in European countries.The best medical facility and the use of latest technology in the treatment aided by renowned team of doctors and the well trained clinic staff has made India the favorable spot among the foreigners for surrogacy journey.
Rotunda offers surrogacy to people of all nationalities.We are an LGBT friendly clinic and offer surrogacy services to same sex couples.We also offer surrogacy to single parents.We believe in one simple principle, to provide our clients with the highest standard of care in the surrogacy and egg donation industry at an affordable price.
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