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(Guest)

An idea of surrogacy

An  idea of surrogacy

 

The story of how Krishna’s brother Balaram was taken from Devaki’s womb, and planted in Rohini’s is one we have heard at our grandmother’s knees.

 

A surrogate mother is a woman who carries a fetus for someone else, usually a couple struggling with fertility issues. After the child is born, the surrogate mother surrenders it to the people who have hired her. There are various forms of surrogacy, some of which have been used historically, while other are more modern. The surrogate mother is required to relinquish all rights on the child at the time of birth.

 

Type of surrogacy
Surrogacy is of two kinds - altruistic surrogacy, wherein a woman decides to be surrogate without any monetary compensation; and commercial surrogacy, wherein the surrogate mother has to be paid in return for her efforts. Commercial Surrogacy has come under a lot of scrutiny for the moral and legal complications it entails. In fact, it is illegal in many parts of the world.

India was fast in becoming the only country in the world to legalize commercial surrogacy.

My question is that what are the possibilities of a surrogate mother in India? Is it popular ? What cost? What are the position of position of surrogate mother? Condemn or applaud ?



Learning

 2 Replies

Vasu Devan (Teacher)     11 December 2010

Dear Legal fraternity,

     I need answer for the following query (which might be simple. The media makes things worse atleast in this case).

The Personal Law (Amendment) Bill (Act??) 2010 says that a woman who is married also can adopt but (as usual)

with the consent of husband (when the husband has unsound mind etc this consent is not needed).

 

But the media said , "separated women can adopt". The legal meaning of separated is that she is estranged but yet to get divorce. (the legal tie is intact). How do you react to this?

If you are going to say that "media is wrong". i.e., "Even if a woman is (married and) separated  she still has to get consent from husband", then in that case didn;t the media misrepresented? Is it not an irresponsible act?

 

please tell me,

vasu

 

 

Vasu Devan (Teacher)     11 December 2010

Dear Legal fraternity,

     I need answer for the following query (which might be simple. The media makes things worse atleast in this case).

The Personal Law (Amendment) Bill (Act??) 2010 says that a woman who is married also can adopt but (as usual)

with the consent of husband (when the husband has unsound mind etc this consent is not needed).

 

But the media said , "separated women can adopt". The legal meaning of separated is that she is estranged but yet to get divorce. (the legal tie is intact). How do you react to this?

If you are going to say that "media is wrong". i.e., "Even if a woman is (married and) separated  she still has to get consent from husband", then in that case didn;t the media misrepresented? Is it not an irresponsible act?

 

please tell me,

vasu

 


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