Discriminatory and Arbitrary Rigors on Surrogacy Regulations in India I 3 June I Friday

DATE: Friday, 3rd June, 2016
TIME: 6 pm
Alternative Law Forum, #122/4, Infantry Road, Next to Balaji Art Gallery, Bangalore – 560001

Surrogacy is popularly viewed as a substitute means of family formation for bearing child with or without genetic connection with either or both couples involving fertility treatment, medical reproductive technology, third parties as surrogate mothers, gamete donors as necessary.

India was recognized as one of the global hubs of surrogacy until recently, the policy changes introduced by government circulars seeking to impose unreasonable restrictions on stakeholders amounting to arbitrary exclusion, discrimination on the ground of sexual orientation, gender, marriage, celibacy, nationality, residence criteria for commissioning surrogacy in India.

These issues are brought forth by the real case narratives, testimonials of couples or civil union partners whose capacity to commission surrogacy in India has been challenged, surrogate mothers have lost their lives, surrogate children branded as stateless orphans shown doors to adoption homes despite their biological parent, fake IVF clinics cheating couples and surrogates, single individuals and same sex couples deemed unfit to commission surrogacy, couples having genetically mismatched children due to gamete or embryo mix up at labs and such others who have faced legal, emotional hardships affected by the rigors of draft law and policy on the same.

To add to their suffering, vulnerable plight, the law is of no avail, no help! As there has been almost a decade long pendency in formulation, enactment of law on surrogacy in India, meanwhile the practice of surrogacy has been unprecedented and has outpaced the process of formulation of laws  rendering the existing laws obsolete and outdated leaving a legal void and host of ambiguities surrounding  issues of  permissibility or prohibition over overseas Indians OCI, NRIs, foreigners  to commission surrogacy, identification of potential stakeholders including transgender or third genders, singles, same sex  partners, civil union partners, live in relations partners right to commission surrogacy in India.

About the Speaker

Sonali Kusum is presently pursuing her Ph.D. on surrogacy legal framework in India from National Law School of India University, Bangalore. She writes a regular monthly column in a law magazine “Flair Talk” published by All India Reporter in India. Formerly, she had been Assistant Professor in School of Law, Tata Institute of Social Science Mumbai. Her areas of interest include human rights, with women child laws in particular, and legal writings among on the same.