FEBRUARY 18TH COUNTDOWN.......

If you already have a contract with your doctor in India for surrogacy whether you are gay or single, your name needs to be given to the FRRO by February 18, 2013.  Some doctor's have stopped working with intended parents whether a contract is  in place or not.  You should contact whatever doctor you have been working with if this situation affects you.

This is the information that was given to doctor's in Dehi last week.  I do not know if the same information was given to the doctor's in Mumbai/Bombay. 

INDIA SURROGACY CHANGE CUTS OFF AUSSIES PARENTS!

For those of you who have not seen this article, I thought I would share it with you. Surrogacy in India is big business, and what you will see happen is other countries filling in the gaps where India fails. --------------------------------------------

Changes to commercial surrogacy arrangements in India, introduced just before Christmas, have cut off one of the more popular avenues for Australians wanting to become surrogate parents.
While heading overseas for commercial surrogacy is illegal in Queensland, New South Wales and the ACT, hundreds of Australians still flew to India every year to become parents.
But now the Indian government has issued a directive that only couples who have been married for more than two years can enter into commercial surrogacy arrangements, and only if it is legal in their home country.
Queensland lawyer Stephen Page - a surrogacy specialist who has represented many Australian surrogate parents - says the policy changes in India have already had a huge impact.
"Essentially, if you want to go to India in future for surrogacy, you've got to be married for a minimum of two years - gay marriage is excluded - and surrogacy must be legal back home," he said.
"The only place where commercial surrogacy can occur in Australia is the Northern Territory.
"So unless you're in a heterosexual, married relationship for two years and you're living in the Northern Territory, you can forget about going to India."
Mr Page says the majority of people who went to India before the law was changed were not married.
"They were either living in a de facto relationship or they're in a same-sex relationship or they were singles," he said.
"I believe instead of about 200 children a year being born to Australian-intended parents a year, it will be down to five or 10."
He says the rule change will not stop Australians entering into commercial surrogacy arrangements overseas. They will simply look elsewhere.
"The strange thing is, it's outlawed at the state level, but at the federal level it's not," he said.
"At the federal level, you can go overseas and all that you need to establish is that the child is yours and then the child is entitled to Australian citizenship."
Legal headache
Surrogacy Australia president Sam Everingham says many Australians with incomplete commercial surrogacy deals in India are now in limbo.
He says it would be far preferable for Australia to regulate commercial surrogacy at home.
"It's become a legal headache for many courts in Australia dealing with the unintended consequences of surrogacy," he said.
"If we had arrangements in Australia where commercial arrangements were possible, it would make it much easier for the kids that are born, as well as the parents."
He says commercial systems can operate well and provide positive outcomes for children, surrogates and parents.
"I think there's a lot to be said for keeping these arrangements all happening in the same country," he said.
"You avoid issues like accusations of exploitation of families from less well-off backgrounds, and it's been clear from systems in place in US states like California and Minnesota that commercial systems can operate very well.
"Despite the laws we've had against surrogacy, a lot of families go overseas and ignore those laws. So I think it will be a much better outcome if we could get those sorts of arrangements and much better access to surrogates in Australia.
"Even if it's not commercial, even if it's just surrogates being able to advertise that they're willing to carry in Australia, it would be a start

Buzz about Surrogacy in India!

There has been a buzz in the surrogacy community for India, regarding regulation for the past month.  Many of us have read that the status for single people as well as gay couples was on hold if they wished to move forward with surrogacy in India.  A number of people have been contacted as I have been suggesting that I inform clients who fit that bill, that they need to hold off for the moment.  I have contacted a number of doctors in India who are in the business and they feel strongly that there is no need to do so, and that this situation is being worked out. 

I do not believe that the situation is as dire as some have expressed.  Here is one letter that validates my point.

The Assisted Reproductive Technology (Regulation) Bill 2010 was drafted by a 12-member committee comprised of experts drawn primarily from the medical and legal establishment. Its ambit goes much beyond surrogacy and aims to introduce a comprehensive regulatory framework for the booming ART industry. After being made available for public response, an updated version of the Bill of 2010 and is currently considered by the Indian Parliament.

In the absence of specific Legislature, we are governed by ICMR Guidelines 2005. Under the said Guidelines as well as the Proposed Bill, there is a clear and unambiguous suggestion that a single Man and / or a single Woman can go for surrogacy in India.
Clause 3.5.2 of the ICMR Guidelines 2005 provides “There would be no bar to the use of ART by a single women who wishes to have a child, and no ART clinic may refuse to offer its services to the above, provided other criteria mentioned in this document are satisfied. The child thus born will have all the legal rights on the woman or the man.”
Clause 3.16.4 of the ICMR Guidelines 2005 provides, “Rights of an unmarried woman to AID - There is no legal bar on an unmarried woman going for AID. A child born to a single woman through AID would be deemed to be legitimate. However, AID should normally be performed only on a married woman and that, too, with the written consent of her husband, as a two-parent family would be always better for the child than a single parent one, and the child’s interests must outweigh all other interests.”
Chapter I, Clause 2 (v) of the Assisted Reproductive Technology (Regulation) Bill 2010 provides definition of “married couple”, means two persons whose marriage is legal in the country / countries of which they are citizens;
Chapter I, Clause 2 (dd) of the Assisted Reproductive Technology (Regulation) Bill 2010 provides definition of “unmarried couple”, means two persons, both of marriageable age, living together with mutual consent but without getting married, in a relationship that is legal in the country / countries of which they are citizens;
Chapter VII, Clause 32 of the Assisted Reproductive Technology (Regulation) Bill 2010 provides, “Rights and duties of patients – (1) Subject to the provisions of this Act and the rules and regulations made thereunder, assisted reproductive technology shall be available to all persons including single persons, married couples and unmarried couples.”
Chapter VII, Clause 34 (19) of the Assisted Reproductive Technology (Regulation) Bill 2010 provides “…..a letter from either the embassy of the Country in India or from the foreign ministry of the Country, clearly and unambiguously stating that (a) the country permits surrogacy, and (b) the child born through surrogacy in India, will be permitted entry in the Country as a biological child of the commissioning couple/individual) that the party would be able to take the child / children born through surrogacy, including where the embryo was a consequence of donation of an oocyte or sperm, outside of India to the country of the party’s origin or residence as the case may be……”
Chapter VII, Clause 35 (3) of the Assisted Reproductive Technology (Regulation) Bill 2010 provides, “In the case of a single woman the child will be the legitimate child of the woman, and in the case of a single man the child will be the legitimate child of the man.”
Thus the intention of the Legislature is very apparent that there is no bar for the single man and / or woman to go for surrogacy in India. In fact the Proposed Bill has gone a step further and have recognized / suggested surrogacy for gay couple(s) married or unmarried. Any Notification suggesting and / or spelling out contrary to the intention of the existing Guidelines and / or Proposed Bill is against the law and is challengeable. Further make no mistake this Notification if at all enforceable cannot be given effect retrospectively. This Notification needs to be challenged / will be challenged. Till the time the said Notification is challenged and declared ultra-vires, the Indian Authorities will harass the Intended couple(s).
We at Surrogacy Laws India, who specializing in Surrogacy Laws are fully equipped to take this challenge if and when approached / engaged by any Intended Couple and / or Forum. We have enough expertise and experience to take this forward with the Ministry and / or the Courts to get the said Notification quashed.
Only last week one Single woman from Australia whose case we took to the FRRO was granted exit. Though an objection was raised by the concerned officer showing us the Notification. It was told to the said Officer in clear words that the said Notification is not applicable to us for the reasons explained. The file was sent to the Senior officer and after considering the points raised the case was cleared and exit granted. 
We believe to stand for what is right and for that if required we are ready to fight. As the things stand today we know we are not wrong.

Anurag Chawla, Advocate

Surrogacy Laws India

www.surrogacylawsindia.com

Happy New Year 2013

May the Universe be with all of us in 2013.  For all of those who wish to create the family of your dreams, may you find peace and happiness in this new year.

Best wishes,

DNA ISSUES AND THE 6 MONTH WAIT!

Today, I received an early morning telephone call from a doctor in India, who was contacted by a couple in distress, who had just found out that their baby was not genetically related to them.  The doctor that they contacted  for help, did not perform IVF, nor did she hire a surrogate on their behalf.  This couple as well as the doctor had no idea that they will have to go through the adoption process,  as they  have already created a bond with the baby.  I gave the doctor the telephone number as well as e-mail address of attorneys in India, who can help.

Many of you are not alone, and should try to connect with each other so that you all have moral support while you are in India, then get professional help once you return to your country of origin.   When this happens to anyone,  it is life altering.  Many people lose their livelihood, as well as the relationship of their other partner when something this trying happens in life. When we started out on our journey to surrogacy in India, it was not a 2.3 billion dollar a year industry, so we were not aware of what was happening in the background.  No amount of research will prepare you for this.  If you are not involved in this business or if you do not know someone this has happened to,  then you are not aware of the ramifications of this situation. This is something that is not blogged about nor talked about in the surrogacy community, for obvious reasons.  For those of us, who have had children, and DNA testing was not required, it will leave us with questions unless we do DNA testing on our own, which we have now chose to do.  Whatever the outcome  is,  I am certain for all of us, intended parents  nothing will change. All of our children deserve an explanation as to how they arrived here  whether they are genetically related or not.   We have  decided to contact our doctor, and demand that all sperm and embryo's be destroyed at this point, as we are finished creating our  family. We do not want to have an inkling that there is another child born via our genetic material at all.   This was something that was never on our mind previously.  As we all know, you have no legal recourse in India, as surrogacy is unregulated.

Alec &Elle Turned 2 Today! WAMU RADIO Washington DC Public Radio

Local Couple Pursues Parenting Dream Overseas


I am back from India, and I am already missing the warm weather.   Surrogacy in India is still thriving and regulation is still on the plate.  Many in the legal world, are not sure if the process will truly be regulated, or if the situation will be diluted.   I was able to visit a number of surrogacy homes in Delhi, and it looks like a number of doctor's are stepping up to the plate, as far as clean and safe surrogate housing.  While visiting one surrogate house, it was impressive to see the women with their children in tow.  The doctor who ran that surrogate house said that the women feel better having the their children with them for the duration of the pregnancy.  With that said, there is still a lot of concern especially from local groups in regards to the growing rates of surrogates who have died after giving birth.

According to embassy officials, intended parent's going to India for surrogacy still need to be as vigilant  as possible when seeking out a doctor to help in the process of creating your family.  A number of cases have come up where the intended parents DNA tests have came back negative, meaning one or both of the intended parent's DNA did not match that of their baby or babies.   If this does come up, you will be required to adopt your baby and that process in India takes about 6 months. 

Surrogacy in India, is still a good option for many people.  Intended parent's should talk to other's who have gone through the process if they are able to, before you begin your journey to parenthood.

Happy Holidays  To All!
 

RED, GREEN & YELLOW Light mean GO in India!

I arrived this morning and quickly got into the full swing of India mode.  My plane was delayed by 2 hours and my driver was nowhere to be found when I arrived in Delhi.  Therefore I went with a local taxi guy who drove his beat up car as if it were a race car.  I was waiting for my head to hit the roof of his car at any moment. He theen took me to the wrong Hilton that I had booked and then I left my iPhone in his car.  Luckily for me I kept his receipt and the folks at Hilton called the cab company and for a price he retuned the telephone.

I am currently at another Hilton property which is very run down and they are charging me $250 per night and they claim it is a 4 star.  They are a 1/2 star kind of place.  The room is  smoky and the wifi works in spurts.  I am looking forward to meetings that have been arranged so that I can share with folks any new information in regards to surrogacy in India.


Stay tuned!