Assisted Reproductive Technology (ART) is a boon to the many childless couples.But this boon can turn into a curse when an Intended Parent (IP) gets struck in a legal hitch.
This write up aims to state the legal requirements for an IP intending to commission hassle free legal surrogacy in India.
CONDITION 1
The Indian government w.e.f.9th July *** notification made it a requirement for IP’s to fly to India only on medical visa to commission surrogacy.
a. The government realizing the impact such a sudden notice will have on the innocent IP’s & their pending pregnancies asked the doctors to submit a list of pending cases by February ***
b. The government not willing to hang the rights & responsibilities of the IP ‘s & the children in between nowhere issued notice making October *** as the deadline for clearance of all pending pregnancies and asking for strict compliance of 9th July *** notification.
CONDITION 2
Foreign man & woman should be married for more than 2 years.
a. The Indian government prohibited all single parents from commission surrogacy temporarily.
b. The gay & lesbian parents were never permitted to commission surrogacy in India from the very inception only.
CONDITION 3
The couple must produce a letter from the Embassy of their country in India or the High commission of their home country stating that firstly they recognize surrogacy and secondly the child will be granted citizenship by the country.
a. The Indian Governments in order to save the fate of children to be born in India to couples whose country don’t recognize surrogacy insisted upon this letter.
b. The parents from countries where surrogacy was not allowed, not regulated or had no policy were effectively prohibited from commissioning surrogacy in India and thus avoiding putting child in a position of statelessness.
CONDITION 4
The ART Clinic must be registered with Indian Council of Medical Research (ICMR)
a. The Indian government in order to prevent the rise of the fake clinics which might dupe the IP & surrogate mothers asked all ART clinics to be registered.
b. This also empowered the government to fix responsibility in cases of any mistake by the doctors and hence India moved one step closer to safe surrogacy.
CONDITION 5
Couple must give an undertaking that they will take care of child.
a. A duty which was so obvious that it didn’t require to be converted into a rule was nevertheless regulated by Indian Government to prevent the child abandonment cases.
b. 9 out of the 10 couples commissioning surrogacy are those sincere honest couples who want a child to simply complete their families but that 1 odd parent who is an offender, a deviant minded person, or someone choosing one sex over other, was the reason why this duty was made into law.
c. The recent case of Australian couple abandoning one child over gender has been the case of that 1 odd IP which has brought to question those honest Australian Couples who could go any extent to take their child with them.( will write about this in detail in our next blog)
CONDITION 6
Overseas Citizen of India (OCI)/ People of Indian Origin (PIO) cardholders have different set of rules for compliance.
a. OCI/PIO cardholders need not come on medical visa
b. Other conditions vary from country to country hence must contact a surrogacy lawyer for detailed advise
CONDITION 7
Frozen Embryo’s of cases which now not satisfy the pre-conditions can be transferred by applying to ICMR for permission.
Thus every IP thinking of coming to India must see whether they fulfill all the requirements as listed above and in case of any doubt or any other query please feel free to approach us on our contact details.
Please feel free to write to us if you have any queries.