Surrogate Mother Changes Her Mind Upon The Birth Of The Child. What to do?

What would be the legal implication under Indian law if the surrogate mother changes her mind upon birth and refuses to hand over the child to intended parents?

Answer (1)

Team Legistify

  • Sector-1, Noida

However such instances have not been witnessed in the Indian scenario but still if a situation like this arises then the surrogacy contract can be the saviour. The contract must clearly state that the child /children born out of surrogacy shall be the legal children of the intended parents and that the surrogate shall have no rights over the child/children. The said contract can then become the basis of legal action against the surrogate mother also the law pertaining to surrogacy i.e. ICMR Guidelines also support the intended parents only as the legal parents.

Answered on 28 Sep 2018

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