Legal documents required from hospital for surrogacy arrangement
Muthu N
(Querist) 12 November 2013
This query is : Resolved
In case of Surrogacy arrangement, what are the legal documents that the biological parents should get from the hospital when they get the baby.
Hope Biological mother is eligible for taking adoption leave. What are the legal documents that one should submit to the company where she works for getting adoption leave.
ajay sethi
(Expert) 12 November 2013
consent of surogate mother. apply to company for leave . since child is adopted you would be entitled to leave
ajay sethi
(Expert) 12 November 2013
The following observations had been made by the Law Commission:
Surrogacy arrangement will continue to be governed by contract amongst parties, which will contain all the terms requiring consent of surrogate mother to bear child, agreement of her husband and other family members for the same, medical procedures of artificial insemination, reimbursement of all reasonable expenses for carrying child to full term, willingness to hand over the child born to the commissioning parent(s), etc. But such an arrangement should not be for commercial purposes.
A surrogacy arrangement should provide for financial support for 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.
A surrogacy contract should necessarily take care of life insurance cover for surrogate mother.
One of the intended parents should be a donor as well, because the bond of love and affection with a child primarily emanates from biological relationship. Also, the chances of various kinds of child-abuse, which have been noticed in cases of adoptions, will be reduced. In case the intended parent is single, he or she should be a donor to be able to have a surrogate child. Otherwise, adoption is the way to have a child which is resorted to if biological (natural) parents and adoptive parents are different.
Legislation itself should recognize a surrogate child to be the legitimate child of the commissioning parent(s) without there being any need for adoption or even declaration of guardian.
The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only.
Right to privacy of donor as well as surrogate mother should be protected.
Sex-selective surrogacy should be prohibited.
Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only.
Rajendra K Goyal
(Expert) 12 November 2013
Agree with the advise of expert ajay sethi ji, nothing more to add.
Raj Kumar Makkad
(Expert) 13 November 2013
Sethi has rightly cleared the legal procedure in the given issue.
Muthu N
(Querist) 13 November 2013
My Client (female) is working in a private company. Due to her health issues, she was recommended for surrogacy to get her own baby. Now, this went positive and her baby will get delivered soon. When she asks for maternity leave, her organization says that surrogacy leave policy has not still come into force in our country and they don't have any maternity leave policy for biological mother. But organization says that she can take adoption leave (1 month). As per organization policy, one need to produce, legal document done for adoption. Organization is asking my client what are the documents that she will be able to produce in support of this. As per my knowledge, legal document signed between the surrogate mother (and her husband) and biological parents is the only evidence that my client will have with her. But I don't think this should be shared with the organization in which she works. If this is right, then what kind of evidence/document she can get from her hospital to submit to her company.
ajay sethi
(Expert) 14 November 2013
birth certificate would bear the name of commissioning parents .
Muthu N
(Querist) 14 November 2013
Thanks Ajay Sir.
R.K Nanda
(Expert) 14 November 2013
nothing more to add.
ajay sethi
(Expert) 14 November 2013
thanks for your appreciation
