Parentage
What claims does a surrogate have over the child?
If parents are married when a child is born, there is usually no question about parentage. The law assumes that the husband is the father and the wife is the mother, so paternity is automatically established in most cases. But for unmarried parents, parentage of their children needs to be established legally.
By  vasudha pasricha  |  18 Jun 2016  |  Upvotes: 0  | 

1 Answer(s)

Ravindra Purohit
Advocate

In India the surrogate is not considered as the legal mother. As per ICMR Guidelines 2005, a surrogate mother cannot be genetically related to the child . She is legally and psychologically counselled that she will not be having any rights over the child. Her rights and obligations towards the intended parents as well the child are formulated in the gestational surrogacy agreement. Moreover, a child born through surrogacy shall be presumed to be the legitimate child of the intended parents/s and shall have all the legal rights to parental support, inheritance and all other privileges which a child born naturally to the intended parents/s would have had.

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