Govt wary of gay couples and surrogacy

India will not allow gay and lesbian couples to hire surrogate mothers to have their children unless the relationship was legalised in India.

The law commission, alarmed that a Melbourne court has recognised an Australian gay couple as the parents of twins born from a surrogate Indian woman, is preparing a draft to safeguard both surrogate mothers and the children the bear.

The court recently ruled that the two men can have full parenting rights to twin girls, who were born to a surrogate mother in India, and conceived from the sperm of one of the men and an anonymous egg donor. The surrogate mother gave birth to the twins last year in India. The court also ruled that the gay partner of the biological father was entitled to full parenting rights.

It is believed that a large number of male couples from Australia and other Western countries are hiring surrogate mothers in India to bear children. The law commission is worried that India is turning into a “reproductive tourism destination”.

In commercial surrogacy agreements, the surrogate mother enters into an agreement with the commissioning couple or a single parent to bear the burden of pregnancy. In return, she is paid by the commissioning agent, with the fee ranging from US $25,000 to $30,000. In developed countries, the cost of such surrogacy could be triple the amount.

“This has made India a favourable destination for foreign couples who look for a cost-effective treatment for infertility and a whole branch of medical tourism has flourished on the surrogate practice,” the Law Commission adds.

The core concern is whether foreign gay or lesbian couples should be allowed to tour India and get surrogate mothers in case the gay relationship isn’t legally recognised in their home country.

The commission has made certain recommendations for the proposed legislation. Surrogacy arrangement will continue to be governed by contract amongst the parties, which will contain all the terms requiring consent of surrogate “mother” to bear the child and the consent of her “husband” and other family members for the same.

The law will seek to provide financial support for the surrogate child in the event of death of the commissioning couple or individual before delivery of the child, or divorce between the intended parents and subsequent willingness of none to take delivery of the child.

The legislation itself will recognise a surrogate child to be the legitimate child of the commissioning parent(s) without there being any need for adoption or even the declaration of a guardian.

The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only. The right of privacy of the donor as well as the surrogate mother will be                 protected.