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India bans gay couples from surrogacy

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  1. Jock S. Trap 25 Feb 2011, 2:44pm

    Another country, another step back.

  2. Surrogacy rights it’s the least of India’s problems. Take people out of the streets eating from garbage piles just for a start. So I’m not surprised that they have not a very well defined notion of human rights or equal rights.

  3. I disagree with surrogacy full stop, but regardless of that, if a country is going to allow it for some but not others, then that is plain wrong. There is no difference between a heterosexual couple who cannot conceive and a homosexual one.

    I see what Lexxs is saying about priorities, but you’d think that the government elite, most of whom were educated in the UK, would be intelligent and logical enough to put together a law based on equality. It’s not rocket science.

    1. your addition of “most of whom were educated in the UK” makes me feel more than a bit queasy – one minute youre making a valid point and then suddenly we slipped into a netherworld of bigoted innuendo.

      1. I have no idea what point you’re trying to make. Can you clarify?

  4. The problem here is LGBT rights in India not changes to the surrogacy rules. I don’t see why a surrogate mother in India shouldn’t have less protection than one from the UK.You can do surrogacy in the UK, there’s a strict limit on what they can “charge” , but the laws here are stricter. If you don’t like the surrogacy rules then you should be arguing to change the British ones not the Indian ones…

    As for not allowing gay couples to be surrogate parents ,you only have to go to France, where they do have a recgonised same sex partnership, and as far as I know you can only adopt as single gay people and not as a gay couple. If they have surrogacy there then I doubt very much they would allow gay couples to do it.

    Yes. I agree if they have surrogacy then gay couples should be allowed to have it but India doesn’t recognise gay couples. India isn’t the worst offender ,and it’s only adopting some of the same discriminatory rules as some Western countries, some of which are very close ..

    1. In France surrogacy is absolutely illegal, full stop end of. Belgium is much more advanced – gay couples marry and can adopt, but the reality is that less than 1% of adopted children go to gay-male couples, so even where laws do permit a certain “process” it does not always mean that it’s going to be possible. Even with Belgium’s advanced thinking, it’s still taken them two years to issue a passport for a baby born through surrogacy in the Ukraine (to gay male parents)….while the baby sat in an orphanage for the entire time. The parents in this case had requested and received clearance for this procedure before they even started the surrogacy process.

      In the UK only altruistic surrogacy is permitted, commercial surrogacy in any form is not allowed so what a surrogate can charge is nothing. They are however allowed to be reimbursed for pregnancy-related costs.

  5. Ok, I’m half a US gay couple & an Indian surrogate is presently pregnant with our child. What does this mean for us & our child?!

    1. “The Assisted Reproductive Technologies (ART) Regulation Bill 2010 was sent to the law ministry for approval this week.”

      What does the bill say ? you went to India to get a surrogate mother not the UK or America.(what were your reasons for this. India doesn’t have a very good track record on LGBT rights does it?), we can’t expect India to be any different from other countries which don’t allow surrogacy/adoption etc for SS couples…..what does your agency or Indian lawyer say?

    2. I work for a clinic in India. Gay clients are considered single under current IMRC IVF/surrogacy guidelines, and will also be able to access surrogacy as single men under new laws. Your partner will not be on your contract, or on the baby’s birth certificate, only the genetic father is on the legal documents. It will take you 10-12 weeks to get out of India because UK is one of the slowest and more difficult countries to get citizenship and passport for baby. Your clinic should be able to give you assistance with this, or join one of the online forums and hook up with other UK dads who have already brought their baby home to UK.

      1. If you went to India for a surrogacy, then hopefully the law would state that you are MAD! What the hell were you thinking? More to the point, you’ve obviously not researched it very well otherwise you wouldn’t be asking questions from an online forum!

        Seriously people, do they make you in a factory somewhere!

        1. I think Gemini raises a very valid concern….even the most well-researched plan where legal advice has been sought at home and in India is being thrown in to question my the media hype over PROPOSED changes. Embassies and legal agencies in India aren’t very helpful when it comes to questions like surrogacy – so once you’re in it, you have to canvas for information from wherever you can get it. Then piece together the actual story…

          Not so mad after all.

    3. If and when the law does change then it will probably not apply retroactively…the Indian government will not want to be stuck with your baby or end up in a major legal battle over it. I would check with your clinic on an ongoing basis to see the actual status of this piece of law.

    1. Thanks for posting the article, I will take a look at that.

  6. a gay anti-racist feminist 26 Feb 2011, 10:24am

    The article fails to mention that India prohibits gay sex by law, and that local gays have *always* been banned from surrogacy, this ban is only applicable to foreign gays coming to India in order to use local surrogate mothers. Surrogacy is the least of the Indian LGBT activists’ problems. This is not much of a step back for the local LGBT movement, but perhaps a step back for white upper class gays looking to build a hetronormative family.

    1. Under statue, yes gay sex is illegal, but as from December 2009 a judgment passed down from the High Court in Delhi effectively overturned this. No other major court in India has successfully prosecuted anyone under this law since that judgment.

      The law is one thing – social attitudes a completely different thing.

  7. The ART bill was originally drafted in 2008, has now been amended and turned in to the 2010 bill…passed to the law ministry, but STILL has not appeared before parliament. This says a lot about how much of a priority surrogacy has been for India’s law makers and with a booming “industry” there are those working behind the scenes to make sure that this kind of legislation, will be delayed.

    Various versions of the bill have talked about which relationship status a gay man might have to have in order to be eligible for surrogacy under the new law. There has even been talk of recognising gay couples who are “married” in their home country as being married couples for the purposes of surrogacy in India.

    The article fails to talk mention the main thrust of the behind the reforms in Indian legislation which are to protect babies from being born stateless – where the intended parent’s country will not recognise a child born through surrogacy.

    1. It is perhaps these laws that are place more restrictions on intended parents who are gay, than current or proposed Indian law.

      As a gay male couple who have lived in India (as foreigners, and are going through the process of surrogacy) I don’t think the rationale behind this is anti-gay, it’s the Indian government trying to protect themselves from being stranded with stateless babies. Viewed in a wider context of other proposed changes in this Bill, I think it becomes clear that this is not a crusade against gay men.

      All in all, this Bill is not worth the paper it is written on until a version of it appears before the Indian parliament.

  8. The reason people go to:

    India
    Ukraine
    California

    is because these are basically the three places where commercial surrogacy is permitted. Obviously Ukraine and India are much cheaper but, for gay couples at least, much more risky, in terms of not being given full parental rights.

    Surrogacy is not for me (but each to their own). However, if I was going to do it, I’d go to California where at least you know you’ll get the baby at the end of it. If it took a few years longer to save up to do it, so be it.

    1. You should include Canada in that list too. Here in Canada they do allow surrogacy, I am living proof as I’m a surrogate mother to 5 children (2 sets of twins, one set being international gay parents). They were just born this year and got their appropriate birth certificates and citizenships within 6 weeks and were home again.
      Canada is cheaper I believe than California and by using a reputable agency in Canada there are little problems.

      Just saying

  9. 1. Gay sex is NOT illegal in India… not anymore since July 2009.

    2. Commercial Surrogacy for gay couples hasn’t been banned yet, as no law has been passed. So the article is incorrectly titled.

    3. A Supreme Court judgment (in 2008) – i.e. before even gay sex was decriminalized – recognizes the right of homosexual couples to hire a surrogate. Read para 10 of this link
    http://www.indiankanoon.org/doc/1088412/

    4. The bill doing the rounds doesn’t mention any proposed ban of gay couples.
    http://www.indian-surrogacy.com/item/draft-bill-does-not-even-mention-ban-on-gay-couples-surrogacy-in-inda.html

    5. Sincere request to PinkNews and all the commentators out here: In future, please research about an issue first. Spreading rumors and creating panic is not something that you should want to do!

  10. WorldSurrogacyDay 12 Apr 2011, 1:12pm

    Thank you for sharing your experiences of surrogacy!
    Help us to promote awareness of surrogacy through World Surrogacy Day on 4th November 2011…
    http://world-surrogacy-day.org

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