Surrogate Baby at Center of Legal Tussle

Written by Steve Masler, CEO of Fertility SOURCE Companies

Oprah may be willing to dedicate an entire one hour TV show to surrogacy in India and to actually give it at least her tacit blessing, but lets be realistic, how much money has to be saved by Intended Parents to make it worth the potential complications?

A Japanese couple got divorced in the midst of a surrogacy process in India. The genetic mother rejected the child. So, you think that the father got the child? Think again. According to Indian law, the father has to legally adopt the child. But, that process takes a long time. The child's grandmother (the father's mother) has temporary custody but her travel visa expires in three months and after that the child's future is uncertain. The story may ultimately have a happy ending, but even if it does, the stress and cost for the family must be enormous. The child's father is an Orthopedic Surgeon. Was he really making a wise move pursuing the surrogacy process in India?

In fact, the rise in the number of foreigners arriving in India to search for surrogate mothers has prompted the Indian authorities to consider strict regulations to protect the rights of surrogate mothers and children born to them.

As often is the case, buyer beware, but the potential morass would be Intended Parents are facing with Indian surrogacy cases may be beyond the pale.

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Surrogate baby at centre of legal tussle