Sunday, May 14, 2017

India denies rights for surrogacy mothers

The country where mothers were worshiped as gods denies surrogacy mothers legal status. And she have no legal or any customary rights over the child. The rights of the surrogacy mother was put an end by a gestational surrogacy agreement and the intended parents in the agreement will have all the legal rights over the child born on surrogacy. The ICMR guidelines 2005 even denies the visitation rights of mother for the child delivered by her which was in the mothers paradise for 9 months and 10 days. The child born by surrogacy have on records as mother and father only the intended parents not the surrogacy mother. And no need for the court to interfere in this matter and the agreement signed by the parties in the surrogacy will prevail. The Indian laws only recognize the intended mother as the legal mother. The parental responsibility only applies to the intended parents and the surrogate mother cannot claim any right over the child. Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child she will not raise but hand over to a contracted party. She may be the child's genetic mother (the more traditional form for surrogacy) or she may be, as a gestational carrier, carry the pregnancy to delivery after having been implanted with an embryo. In some cases surrogacy is the only available option for parents who wish to have a child that is biologically related to them. Even the surrogacy mother cannot change her mind before the child birth and she will be always in the clutch of surrogacy agreement and she will be penalized for violation of the agreement. The Mother goddess are now converted in to child vending machines and even denied some basic rights which the world customs provided. As per the IMCR guidelines the surrogacy child cannot seek the information of the genetic parents and surrogacy parents until the child reaches 18 years. And even after that the child cannot get the information of the name and address of the gamete donor and the surrogate is excluded from the information. In this juncture the state should enact laws for the rights of surrogacy mother and child from (i) deprivation and violation of child rights (ii) non-implementation of laws providing for protection and development of children and (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children, or take up the issues arising out of such matters with appropriate authorities. For all your queries write to Daniel & Daniel Whattsapp Service No.9840802218.

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