India Considering Law Outlawing Same Sex Surrogacy

Surrogacy – A committee in India is writing a bill to govern assisted reproductive technology. This bill would exclude same sex couples from hiring surrogates in India, unless India legalizes same sex relationships.

As it is now, a growing number of gay couples from other countries, especially Australia, come to India to hire surrogates to bear their children and if this bill becomes law this will no longer be possible. Dr. Sharma, who is the deputy director-general of the reproductive health and nutrition division at the India Council of Medical Research states, “If our government does not permit gay relationships, then it certainly will not be permitted for foreign gay couples to come to this country and have a [surrogacy] agreement.”

Recently, Delhi’s High Court overturned a 150 year old law that banned “carnal intercourse against the order of nature.” While this is seen by many as a step in the right direction, many gay activists warned that this ruling only decriminalizes sodomy and does not legalize same sex relationships.

Another problem with this new bill for Australian couples is the potential requirement that couples would need to have a document from their embassy or foreign ministry pledging to accept the surrogate child as a citizen of their country. A spokesman for the Australian Department of Immigration and Citizenship said there were “no guarantees” that the child would be accepted as a citizen.

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