Page URL:

Birth of surrogate child highlights difficulties with Indian surrogacy laws

21 February 2011
Appeared in BioNews 596

Uncertainty has arisen over the procedures followed by an Indian surrogacy clinic following the birth of twins to a gay couple from Spain. The couple used a donated egg, which was then artificially fertilised and implanted in a surrogate. The clinic's actions have been questioned by the Delhi Commission for Protection of Child Rights (DCPCR) as at present, gay or lesbian relationships are not recognised under Indian law.

Chairperson of the DCPCR, Amod Kanth, said: 'As the Indian laws are yet to approve of a gay marital relationship, the commission shows its grave concern over the issue as to whether the gay foreigner couple have the legal status to assign such surrogacy or having the legal status of adopting parents or otherwise'. Mr Kanth also stressed his concern for the rights and status of children born as a result of international surrogacy arrangements: 'The DCPCR views the entire episode seriously as the children are being taken out of the country (to Spain) amounting to an inter-country adoption'.

The DCPCR has requested Dr Anoop Gupta, Director of the Delhi IVF & Fertility Research Centre which was used by the Spanish couple, to explain the clinic's actions and procedures followed in this case. Dr Gupta is due to appear before the commission this week. The DCPCR has also notified the deputy commissioner of police, Central Adoption Resource Authority and National Commission for Women and Child Welfare. The extent to which these institutions will be involved is as yet unclear.

Dr Gupta has spoken publicly on this case saying, 'I think this feat is an important step towards realising the rights of the gay community because it gives hope to same sex couples to have children'.

The twins are with the surrogate at present, but are to be handed over to the commissioning couple shortly. This case has come at a time prior to major changes in the law. A Bill aimed at regulating reproductive technologies, including surrogacy arrangements, is currently making its way through the Indian parliament.

Questions raised over gay couple’s surrogate twins
Hindustan Times |  17 February 2011
Spanish gay couple's child dream comes true in India
Sify News, India |  16 February 2011
21 January 2013 - by Nishat Hyder 
The Indian Home Ministry has issued strict visa guidelines making it more difficult for commissioning parents to obtain visas for entry to India for surrogacy arrangements...
6 June 2012 - by Jessica Ware 
Around half of the 2,000 babies born to surrogate mothers in India last year may have gone to British parents, an investigation by the Sunday Telegraph has revealed....
7 October 2011 - by Ailsa Stevens 
The 744-page book covers the causes of infertility, imaging techniques, assisted reproductive techniques, surrogacy, donor gametes and adoption...
8 August 2011 - by Antony Starza-Allen 
The UK's High Court has awarded legal parenthood to a deceased father of a child born through a surrogacy arrangement in India....
18 April 2011 - by Nisha Satkunarajah 
France's highest court has denied French citizenship to 10-year-old twins born to a French couple using a surrogate in the USA, reaffirming the country's ban on surrogacy...
7 February 2011 - by Nishat Hyder 
The Indian Parliament is debating new surrogacy laws to establish a clear regulatory framework to reduce exploitation in its commercial surrogacy market. If passed in its current form, India will recognise surrogacy agreements as legally binding....
7 February 2010 - by Dr Sophie Pryor 
The Court of Appeals in Indiana, US, is to decide who is the legal mother of an 11-month old baby boy conceived by IVF and born to a surrogate. The boy's genetic parents, known in court records as T.G. and V.G, are a married couple from northern Indiana. The birth mother is the wife's sister, who agreed to carry the baby for the couple. The boy's father's name is listed on his birth certificate but his mother's name will not be added unti...
6 October 2008 - by Antony Starza-Allen 
New laws to regulate assisted reproductive technology in India will be introduced to Parliament later this year. The text of the Assisted Reproductive Technology (Regulation) Bill 2008 was published last week by the Indian Council of Medical Research (ICMR) for public comment. The bill aims to regulate...
16 September 2008 - by Antony Starza-Allen 
The Victorian Parliament in Australia will soon decide to update the states laws on IVF and surrogacy when proposed new legislation is put to a conscience vote. If passed, the Assisted Reproductive Treatment Bill 2008 will improve access to assisted reproductive technologies in Victoria by removing the...
28 April 2008 - by Natalie Gamble 
The Human Fertilisation and Embryology (HFE) Bill is currently wending its way through Parliament amidst a storm of controversy and debate. An issue which has provoked very little attention is surrogacy, and yet this is where the law most desperately needs reforming. Surrogacy arrangements currently get the raw end of...
to add a Comment.

By posting a comment you agree to abide by the BioNews terms and conditions

Syndicate this story - click here to enquire about using this story.