Surrogacy and India NALSAR University of Law February 16, 2011
The Law Commission of India has submitted the 228th Report on
"Need for Legislation to Regulate Assisted Reproductive
Technology Clinics as Well as Rights and Obligations of Parties
to a Surrogacy." There has been a major change in Indian
surrogacy laws. India is now the only country in the world to
legalise commercial surrogacy. Unlike in other countries,
including the UK, USA and France, in India the surrogacy
agreements between the two parties will be legally enforceable.
The new law will protect all parties - the genetic parents,
surrogate mother and the child. The new Assisted Reproductive
Technology (Regulation) Bill & Rules, 2008, states that the
surrogate mother can receive monetary compensation for carrying
the child in addition to health-care and treatment expenses
during pregnancy. But the surrogate mother has to relinquish all
parental rights over the child once the amount is transferred
and birth certificates will be in the name of ge