On a day that saw Bollywood filmmaker Karan Johar announce of becoming a proud surrogate parent of twins, the surrogacy law has once again caught attention in the country.
On a day that saw Bollywood filmmaker Karan Johar announce of becoming a proud surrogate parent of twins, the surrogacy law has once again caught attention in the country. The commercial surrogacy has been legal in the country since 2002. For those planning to surrgote a child, India hasx been a favourite nation. The parents who want to surrogote a child comes to India from several parts of the world, Even as in 2002, the Indian Council of Medical Research (ICMR) came out with out guidelines for surrogacy, which made the the process legal, but did not give it legislative backing. Due to this, the booming surrogacy industry had lax laws, without having enforcements. In 2012, a study, backed by the UN, was conducted which put
A study conducted in July 2012, backed by the UN, put the surrogacy business in the country at more than $400 million with more than 3000 fertility clinics. Even as ICMR provided pro-surrogacy norms which protected mother and commissioneing parents, even without legal backing. The council prohibited sex-selective surrogacy, required the birth certificate only to have names of commissioning parents, needed one of the commissioning parents to be a donor, a life insurance cover for surrogate mother and provided right to privacy of the mother and the donor, among several things.
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But the necessity of legal protection was provided through the Baby Manji vs Union of India case. A Japanese couple commissioned a surrogate mother in the country but they later divorcede. Following this, the single male parent was not given custody of the child and the mother did not accept it. The child was given humanitarian visa by Japan and permitted the grandmother to take the child on behalf of her son, because of his genetic relation with the baby. However, the Supreme Court, during the case, recognised that the parent of a surrogate child may be a male and also recognised surrogacy as a positive practice.