legal mother of a surrogate child
Who is the legal mother of the surrogate child under Indian law?
By  mehar bhagat  |  15 Mar 2016  |  Upvotes: 0  | 

1 Answer(s)

Tushar Bhargava

As per the Indian Council of Medical Research (ICMR Guidelines) the surrogate mother should not be biologically connected to the child (Guideline 1.2.33).The Indian Law recognises the Intended mother only as the legal mother in surrogacy arrangements. Also Guidelines 3.10.1 and 3.16.1 make it very much clear that the intended parents only would be the legal parents of the child with all the attendance rights, parental responsibility etc. Also Guideline 3.5.4 states that the surrogate mother shall not be the legal mother and the birth certificate shall be in the name of the genetic parents. 3.5.5 Provides that the surrogate mother shall relinquish in writing all the parental rights over the child. India is very soon going to enact its legislation on the field of Assisted Reproductive Technology. The Proposed act also has the same favourable provisions.

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