India | Family Law
Legal Question
My husband and I are american and I cant have kids. I have heard that women in India thru clinics for $5000 american dollars will bear a child and my husband donates his sperm to the woman. What laws are in India that prevent her from keeping the child after she gives birth? Also how do I know what clinics are ligitimate in India so we dont get ripped off?
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Legal Answer
There is no special law governing the transaction of surrogate motherhood in India.
However, the General Civil Law of Contracts, Indian Penal Code and other enactments do apply to the transaction which should also cover the hospital performing artificial insemination. So consult a lawyer for a contract form and also detailed actionable written opinion.
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surrogation is not legally recognized in india and you need to manage the lady to surrogate your husband's sperms and there are clinics recognized in Delhi where competent doctors perform surrogation through sperm donation. after the chid is born, he or she has to be adopted through Central Adoption and Research Agency (CARA) and only then the legal adoption can take place and you and your husband would be able to take the child to your respective country.
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(Cell: +91 9811284735) lawnrajiv@gmail.com Kar Vai Legal Solutions, Founder, 359, Western Wing, Tis Hazari Courts Delhi, India., 110054
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You may have to take your chance through some social group / net-working in USA. I may possibly try to help you if you provide me details.
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Attorney-at-Law (India)/ Visiting Scholar, UNC-CH USA Punjab and Haryana High Court Chandigarh, 110001
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