Surrogacy in India is not all that it is cracked up to be.....laws appear to be non-existent

Submitted by Erickson Law on Tue, 01/27/2009 - 3:06pm

After watching the increase in fertility tourism, I have kept a watchful eye on the laws that claim to be in existence. I found a great article on Gay Dads Australia that I thought was very informative. I am curious to hear from others who have researched this issue or have had experience in this. I am interested in hearing from others on this.

“LAWYERS and doctors involved in India’s giant fertility industry have warned couples hoping to pursue surrogacy in India that the process is risky because there is no comprehensive law covering the practice.

While surrogacy is legal in India, it is regulated only by guidelines issued by the Indian Council of Medical Research, and many industry participants say these guidelines have been left behind by the rapidly expanding surrogacy industry.

The Age reported on Saturday that about 30 Australian couples were pursuing surrogacy in India. A new Indian surrogacy law is being drafted but those involved say it may not be passed for some time.

Priya Hingorani, a prominent Delhi lawyer who is part of a ministerial committee reviewing the proposed laws, says the absence of a law means couples wanting to use surrogates in India might be vulnerable.

“They are taking a risk because some of the documents that they sign ensuring that the mother will hand over the child might not be deemed legal by the courts,” Ms Hingorani said. “They need to be very careful.”

She cites the case of a Canadian couple who paid for an Indian surrogate but the mother refused to give up the child after the birth. The case is now before a Delhi court.

Anand Kumar, who runs a fertility clinic and is a member of the expert committee drafting the new law, said tighter regulations were urgently needed.

“It’s a bit of a free-for-all at the moment and everyone seems to be doing what they wish,” Dr Kumar said.

“There is a possibility of new technologies being misused and there is cause for concern.” He could not say when the proposed law would be passed.

Many women’s groups in India have expressed concern about the surrogacy system, saying it leaves mothers and babies vulnerable to exploitation.

Ms Hingorani said it was possible the new law could introduce restrictions that might affect foreigners hoping to use surrogate mothers in India.

“I think it is going to be more difficult (after the law is passed),” she said.

India’s booming surrogacy industry is estimated to be worth more than $500 million a year.

According to the National Commission for Women, there are about 3000 clinics offering surrogacy services across India.

There were cases where surrogate mothers received as little as 25,000 rupees ($A780), the commission said.

Some of the potential complications associated with international surrogacy were highlighted last year by the case of Baby Manji, a child born to an Indian surrogate mother hired by a Japanese couple.

The couple divorced during the pregnancy and a subsequent legal wrangle left the baby in limbo for more than a month. An Indian court eventually granted custody to the child’s 74-year-old grandmother.”

In Australia, the Standing Committee of Attorneys-General is reviewing surrogacy regulations, including the issue of Australian couples pursuing surrogacy in developing countries such as India.”

http://www.theage.com.au/national/warning-to-couples-on-indian-surrogacy...

Theresa M. Erickson, Esq.
Surrogacy Lawyer & Egg Donation Lawyer
www.EricksonLaw.net

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Comments

I've been twice and will go again soon

Submitted by anonymous on Tue, 01/27/2009 - 4:20pm.

My wife and I have traveled twice to see Dr. Patel in Anand. Unfortunately, no pregnancy yet, but we are convinced this can work based on our discussions with the doctor and our contact with many successful couples that we met there and on line. Anyone considering doing this should act now, as I feel it will get more expensive and more restrictive soon. For now, there are no lawyers involved or needed and that is a good thing in my opinion..

Do your research first though! As with anything there are honest and dishonest people out there. Get recommendations from others. In the end there is a large amount of blind trust required to do something like this, so it is that much more important to get recommendations before deciding to do this.

This is a great starting place with about 100 members that have done this or are interested:
http://health.groups.yahoo.com/group/IndianSurrogacy/

Also,here is another fairly active forum:
http://1in640715.yuku.com/forums/1

Oh, and steer clear of an outfit called Planet Hospital. I had a bad experience with them and know of two other couples that had bad experiences as well..

My partner Michael and I

Submitted by Brad on Fri, 01/30/2009 - 8:42am.

My partner Michael and I have researched every possible aspect of surrogacy in India as well as in the US before deciding on our path. We originally planned a traditional surrogacy in the states with a lovely woman. However when it came down to the contract stage the flat fee surrogacy we had signed up for disappeared, and she wanted to nickel and dime us to death over petty matters like clothing allowances. The final straw was when she wanted to get custody of the baby if ever anything happened to us. We then decided that we could not live knowing that we did not do everything in our power to protect our child. The last thing we wanted to happen would be to have a surrogate decide a few years from now she'd like to be involved in the child's life and there is no contract on earth that can stop her. So we opted to outsource to India choosing a wonderful agency we would highly recommend to anyone looking to pursue this avenue. It is Surrogacy Abroad (www.surrogacyabroad.com) We pay a flat fee that includes our travel, hotels, food, everything and in return we receive a baby. It is simple cut and dry and everyone benefits. The contract is as enforceable as any in the US. Everyone who is choosing the surrogacy route knows there are no guarantees. Even our attorney in the US said that if the surrogate would choose to fight the contract she would probably win. Surrogacy Abroad has gone above and beyond to ensure us a baby and will not stop until we have our little bundle of joy. We are doing a gestational surrogacy with an Indian egg donor and did our first implantation today. We will find out in 18 days if we are pregnant and if not they will do it again and again until we have a baby. The Dr's as well as the agency are so kind and wonderful we think of them as family. Like in every other aspect of life you just have to take a chance and jump and just make sure you have the best parachute you can buy. It has been our experience that surrogacy abroad is that parachute for us. In the end it comes down to trust and you just have to put yourself out there. Good luck everyone!!

BEWARE of SURROGACY ABROAD, Inc.

Submitted by anonymous on Wed, 06/03/2009 - 6:26pm.

I wish I could say my experience with Surrogacy Abroad was as glowing. I probably wouldn't say anything, but I"m not the only client of Surrogacy Abroad having problems. To give people a warning is only fair.

Surrogacy Abroad is just a middleman, by the name of Benhur Samson, who pads the real costs of surrogacy in India for his own gain. He knows very little about pregnancy himself. Contracts are vague and not adhered to. Promises are made and not adhered to. False claims of experience are made. Once in India, previously undisclosed costs are tacked on.
You do not need his services to work with a good clinic and organize your surrogacy. If you are already involved with him, have your own surrogacy lawyer go over the details of the contract.

Yes the doctors are great. Kiran clinic. Go to them directly.

He works out of Chicago & Hyderabad.

Surrogacy Abroad

Submitted by anonymous on Sat, 06/13/2009 - 9:13am.

Hi I am just wondering where to look into finding out the australian laws with returning to Australia with a surrogate baby - my husband will be the sperm donor and we will be using donor eggs and then a surrogate - we know that the child will be entitled to australian citizenship as they will be biologically my husbands - and both our names will be on the birth certificate - but I am interested to find out any legal information which may affect us when we return to Australia??? Has anyone done this before and if so how to they organize to return to australia with the child???

Coming back to Australia with Baby

Submitted by rodneycruise on Sun, 06/14/2009 - 5:18pm.

Hi there. Gay Dads Australia has a large amount of experience with bring home our children born via surrogacy. The rules for gay couples are the same as straight couples. Would be happy to chat more with you, email me at rodneycruise@gmail.com or visit our website at www.gaydadsaustralia.com.au.

Coming Back to Australi

Submitted by anonymous on Sun, 06/14/2009 - 5:15pm.

Hi. Rodney from Gay Dads Australia. We have a large amount of experience with bring our children back to Australia. I would be happy to chat to you off-list if you like. Contact me at rodneycruise@gmail.com or have a look at www.gaydadsaustralia.com.au.

Cheers

Surrogacy in India

Submitted by anonymous on Sun, 06/28/2009 - 2:44am.

We're currently pursuing surrogacy in India. Any cross border legal agreement will be complicated, but it doesn't seem substantially more complicated than in the U.S. or in other countries. Realistically, most Indian women are doing this for financial purposes, and are therefore less likely to try to keep the baby.

We've written a bit about our experience in these posts.

The site also has a Guide to Surrogacy in India.

I've looked for more references to the Canadian case you list above - have you found any?