The recent international news regarding a royal couple's decision to have a child through a surrogacy arrangement has sparked discussions about the legal issues surrounding surrogacy in India. Surrogacy is not illegal in India, but it is highly regulated, and it is important to comply with these regulations to avoid legal trouble.
One of the crucial issues that may arise in a surrogacy arrangement in India is related to citizenship. There have been cases where couples have employed surrogates to carry their child but have had difficulties obtaining citizenship or travel documents for the child. In India, surrogacy arrangements are governed by the Indian Council of Medical Research (ICMR), and it is essential to follow their guidelines on citizenship issues related to surrogacy.
When it comes to citizenship, the ICMR has stated that the child's citizenship is determined by the surrogate mother's citizenship. Therefore, if a foreign couple employs an Indian surrogate to carry their child, then the child is considered an Indian citizen by birth. The couple be required to apply for citizenship in their own country, and it may be a complex, time-consuming process. In order to avoid complications, it is important to consider the implications of surrogacy on citizenship beforehand.
Another legal aspect of surrogacy in India that has attracted attention is the issue of exploitation. Some critics of surrogacy in India have alleged that surrogates are being exploited by brokers and agents who recruit them for a fee. These surrogates may not be fully informed about the risks and implications of being a surrogate, and they may not be given adequate medical care or payment for their services. This exploitation of surrogates may give rise to several legal issues and ethical concerns.
To counter the exploitation of surrogates, the Indian government has introduced regulations to protect the interests of surrogates. The ICMR has laid down guidelines that restrict brokers and agents from recruiting surrogates for commercial purposes. According to these guidelines, surrogates must be above 21 years of age, have a child of their own, and be medically fit. They must also be required to undergo counselling and sign a consent form, which protects their rights and interests.
A crucial legal issue related to surrogacy in India is related to the legal status of the child born through surrogacy. In India, the legal status of the child born through surrogacy depends on whether the surrogacy arrangement is commercial or altruistic. In commercial surrogacy, the surrogate is compensated for carrying the child, and the intended parents have legal rights and responsibilities towards the child. In contrast, in altruistic surrogacy, the surrogate is not paid, and the intended parents do not have any legal rights or responsibilities towards the child.
In India, commercial surrogacy is legal, while altruistic surrogacy is not. Therefore, if a foreign couple employs an Indian surrogate to carry their child, they must ensure that they have fulfilled all the legal requirements for a commercial surrogacy arrangement. The contract should be carefully drafted, and it should specify the payment terms, medical care, and the responsibilities of the surrogate and the intended parents.
In conclusion, surrogacy is a complex legal issue in India, and it is important to comply with its regulations to avoid legal trouble. The issues related to citizenship, exploitation, and the legal status of the child are just a few factors that must be carefully considered by anyone looking to have a child through surrogacy in India. NRI Legal Services can help you navigate this legal landscape with expertise and an understanding of Indian laws and regulations related to surrogacy.
Need legal advice? Contact NRI Legal Services
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