Surrogacy: Medicolegal Issues (Paperback)  | Released: 2015

Written by both an advocate and a doctor.Contains the judicial pronouncements of eminent jurists around the globe in relation to surrogacy. Reflects the medicolegal issues affecting surrogacy and its impact on the social fabric of our country. Highlights the exploitation of not only the surrogate woman but of the intending couples as well.The law as studied in the book provides significant safeguards on different aspects of surrogacy for right decision making. Includes foreign judgments and Indian judicial precedents which will help to deal with this issue. It will also be informative for the development of statutes in India.Medical practitioners and the law fraternity will gain knowledge from this book and use it in helping their clients. About the AuthorGehna Vaishnavi BA LLM (Advocate) Navneet Takkar MBBS MS (Obstetrics and Gynecology)Table of Contents: Contents SECTION 1: GENERAL TOPICS 1. Surrogacy: General Aspects 3 Gehna Vaishnavi, Navneet Takkar Definition of Surrogacy 4 General Aspects of Surrogacy 5 Medicolegal Issues 6 2. History of Surrogacy 8 Gehna Vaishnavi History of Surrogacy in India 8 History of Surrogacy Abroad 12 History of Surrogacy Arrangements 15 SECTION 2: INFERTILITY AND SURROGACY TREATMENT 3. Causes of Infertility in Humans 21 Navneet Takkar Causes of Infertility 21 Ovulatory Dysfunction 24 Tubal and Pelvic Pathology 24 Unexplained Infertility 26 Male Factors 27 4. Kinds of Surrogacy 29 Navneet Takkar Noncommercial Surrogacy or Altruistic Surrogacy 29 Commercial Surrogacy 31 5. Reproductive Techniques for Surrogacy 33 Navneet Takkar Counseling for Surrogacy 33 Artificial Insemination 34 IVF Surrogacy 35 SECTION 3: SURROGACY LAWS 6. ICMR Guidelines Regarding Surrogacy in India* 45 3.1 Clinics which should be Registered 45 3.2 Code of Practice 45 *Reproduced from ICMR guidelines xiv Surrogacy: Medicolegal Issues Contents xv 3.3 Responsibilities of the Clinics 47 3.4 Information and Counseling to be Given to the Patients 48 3.5 Desirable Practices/Prohibited Scenarios 49 3.6 Requirements for a Sperm Donor 51 3.7 Requirements for an Oocyte Donor 51 3.8 Requirements for a Surrogate Mother 52 3.9 How many Sperm and Oocyte Donors and Surrogate Mothers be Sourced? 52 3.10 Surrogacy: General Considerations 53 3.11 Preservation, Utilization and Destruction of Embryos 54 3.12 Rights of a Child Born through various Assisted Reproductive Technologies 54 3.13 Responsibilities of the Drug Industry 55 3.14 General Considerations 55 3.15 Responsibilities of the Accreditation Authority 56 3.16 Legal Issues 57 3.17 Institutional Ethics Committees 58 7. Inception of Surrogacy Laws in India 59 Gehna Vaishnavi Assisted Reproductive Technology (Regulation) Bill 2008 61 Salient Features of ART Bill, 2008 63 Significance of Assisted Reproductive Technology Regulation Bill 2010 68 Draft of Assisted Reproductive Technology (Regulation) Bill, 2013 70 8. Adoption Laws in Relation to Surrogacy 73 Gehna Vaishnavi Basic Information on Adoption Issues 74 Forms of Adoption 75 The Hague Convention on Protection of Children and Co-operation 77 Adoption of Children Bill, 1980 78 Adoption Process in India 79 Inter-country Adoptions in India 80 Surrogacy Process in India 84 Open Surrogacy and Closed Surrogacy 84 Surrogacy: Legal Process 85 9. Legislation in Context to Surrogacy Abroad 88 Gehna Vaishnavi Legislation in Context to Surrogacy in Britain 88 Advertisements about Surrogacy 90 Legislation in Context to Surrogacy in America 91 The New Hampshire Legislation 93 Legislation in Context to Surrogacy in Australia 105 Legislation in Context to Surrogacy in Thailand 110 Legislation in Context to Surrogacy in China 111 SECTION 4: JUDICIAL TRENDS IN SURROGACY 10. Legal Issues from International Surrogacy Cases 115 Gehna Vaishnavi Legal Issues in America 115 Legal Issues in United Kingdom 123 Legal Issues in Australia 128 Legal issue in Thailand 128 xiv Surrogacy: Medicolegal Issues Contents xv Legal Issue in Germany 129 Legal Issue in France 129 Legal Issue in Russia 130 Legal Issues in Ireland 131 Legal Issue in Pakistan 132 11. Judicial Complications in Relation to Surrogacy in India 135 Gehna Vaishnavi Surrogacy Contract and its Complexities 135 Judicial Issues of a Child Born from a Surrogacy Agreement 137 Landmark Surrogacy Cases in India 137 Elaboration of Concept of Surrogacy 141 Naz Foundation versus Government of India 143 12. The Surrogacy (Regulation) Bill, 2014* 147 Short Title, Extent and Commencement 147 13. Problems and Suggestions for Regulation of Surrogacy in India 153 Gehna Vaishnavi Citizenship for a Surrogate Child 154 Surrogacy under Consumer Protection Act 154 Three-Parent Babies 155 Problems Associated with Surrogacy 155 Suggestions for Effective Implementation of Surrogacy 159 Suggested Remedies 160 14. Basic Documentation for Surrogacy Contracts 163 Gehna Vaishnavi Index 179 *This Bill was introduced by Dr Kirit Premjibhai Solanki (Member of Parliament, Gujarat).