Adv Shraddha asare
The Indian Law makes it mandatory for the intended parents to take the responsibility of the child thus born, and till now there have been no cases witnessed where the intended parents have refused to take their child & this status necessarily emanates from the view that why would a couple not accept the child for whom they have borne so much of pain. In case the Intended Parents refuse to take the responsibility of child then their refusal can be challenged in the court on the basis of the surrogacy contract signed by them. Also the surrogate mother and the state shall in no way be responsible to take the responsibility of child. The ICMR Guidelines which at present are the governing guidelines for assisted reproductive technologies make no specific provision for this however the new proposed Assisted Reproductive Technology Act 2008 under Sec 34(11) makes it mandatory for the intended parents to accept the child irrespective of any abnormality and a refusal to do so would constitute an offence.