Surrogacy

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SURROGACY: RECOMMENDATIONS IN THE LIGHT OF INDIAN
MEDICAL -LEGAL SITUATION

Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child she will not raise but hand over to a contracted party.

In the states of Arizona, New Jersey, and Michigan all forms of surrogacy are prohibited. Kentucky, Nebraska, and Washington only surrogacy, based on commerce is prohibited. Commercial surrogacy is prohibited in European countries such as France, Greece, Denmark and the Netherlands. Germany, Sweden, Norway and Italy prohibit every kind of surrogacy arrangements. In UK, the surrogate mother is the legal mother; vide section 27(1) of the Human Fertilisation and Embryology Act 1990. Section 30 of the said Act at the same time provides that if the surrogate mother consents to the child to be treated as the child of the commissioning parents the court may make a parental order to that effect. This section also prohibits giving or taking of money or other benefit (other than expenses reasonably incurred) in consideration of the making of the order or handing over of the child.

The world’s second and India's first IVF (in vitro fertilization) baby, Kanupriya alias Durga was born in Kolkata on October 3, 1978 about two months after the world's first IVF boy, Louise Joy Brown born in Great Britain on July 25, 1978. Since then the field of assisted reproductive technology (ART) has developed rapidly. The Report submitted by Women Service Society (Kerala) in December , 2005 desired that appropriate, detailed records of all donor eggs, sperms or embryos used and the manner of their use be maintained. These records must be maintained for at least four decades. A surrogate mother, carrying a child biologically unrelated to her, must register as a patient in her own name, while registering, she must mention that she is surrogate mother and provide all the necessary information about the...
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