New Home Forums Surrogacy laws Surrogacy

1 reply, 2 voices Last updated by  Adv Shraddha asare 1 week, 6 days ago
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  • #4575

    KHYATI AGRAWAL
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    @KHYATIAGRAWAL

    What would happen under Indian law if the immigration authorities of the intended parent’s country refuse the entry of the child thus born out of surrogacy? Would the child be raised in an orphanage in India?

    #5146

    Adv Shraddha asare
    Participant
    @shraddha-asare

    However, such circumstances don’t arise often but still, if a problem arises then the recourse to a court declaration by Indian courts is taken help to solve the problem unless the case is too complicated and the laws are too stringent. However, in no way, the child would go to the orphanage. The responsibility to take care of the child until the child is accepted as the national of the intended parents country lies with the intended parents solely. As per Indian Law, you have to surrender the child to the state and once surrendered the child shall be given in adoption to anyone as the state chooses. The intended parents lose rights over the child. The New proposed Assisted Reproductive Technology Act 2008 makes it compulsory for the intended parents to submit the documents stating that the child thus born will be allowed entry in the intended parents country.

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