Those who support surrogacy within the Jewish religion generally view it as a morally acceptable way for Jewish women who cannot imagine fulfilling their religious obligations to reproduce.   Rabbis who defend this attitude often quote Genesis 9:1, which commands all Jews to “be fruitful and multiply.”  In 1988, the Committee on Jewish Law and Norms officially approved surrogacy, concluding that “the mitzvah of parenthood is so great that surrogacy of the egg is permitted.”  At the 37th session of the Human Rights Council in March 2018, the special presented a thematic report on surrogacy and the sale of children. The statement, a press release, a summary of the interactive dialogue with Member States and a summary of the side event on this topic are available via the links. Antiretroviral clinics should not be allowed to advertise surrogacy for their clients, and couples should seek facilities directly from the ART bank. Intended parents should have a legal obligation to take custody of the child or children, regardless of any abnormality of the child or children. Confidentiality must always be respected and the privacy rights of both the donor and the surrogate mother must be protected. If a foreigner or NRI seeks surrogacy, they must enter into an agreement with a written guarantee of citizenship for the child from their government, and they must also appoint a local guardian who is legally responsible for caring for the surrogate during and after pregnancy until the child is handed over to the foreign couple or reaches their country. Sex-selective surrogacy should be prohibited and abortions should be regulated by the Medical Termination of Pregnancy Act of 1971. (6) In surrogacy, the surrogate mother is implanted with an embryo made from the father`s sperm and the egg of her partner (or another woman). This procedure is relatively complex, time-consuming and expensive.
The advantage of surrogacy is the possibility of having a child genetically related to both parents. Those dealing with children`s rights in the context of surrogacy address issues related to identity and parenthood, abandonment and abuse, and child trafficking. Although ICMR issued guidelines for accreditation, supervision and regulation of antiretroviral treatment clinics in India in 2005, these guidelines are repeatedly violated. (2) The frustration of cross-border couples without children is easy to understand, who not only face language barriers, but sometimes also a long legal battle for their child. Even if everything goes well, they will have to stay in India for 2-3 months to complete the formalities after the birth of the baby. Cross-border surrogacy leads to problems concerning citizenship, nationality, maternity, filiation and the rights of the child. There are cases where children are denied citizenship of the country of the intended parents, which leads either to a long legal battle, as in the case of the German couple with surrogate twin children or the Israeli gay couple who had to undergo a DNA test to determine parentage or have a bleak future in the orphanage for the child. There are incidents where the child given to the couple after surrogacy is not genetically related to them and, in turn, is rejected by the intended parent and has to spend his life in an orphanage. (3) Some states explicitly prohibit surrogacy, while others are unclear about the practice or have certain restrictions.
The following examples illustrate the wide variance in the scope of surrogacy laws in the United States: Surrogacy laws vary from state to state, so the location of your surrogate is an important issue. Also, keep in mind that surrogacy laws are constantly changing. It is important to seek advice from a lawyer who specializes in family law. An experienced family law lawyer can help draft a binding surrogacy contract that addresses important issues and contingencies that may arise before, during, and after pregnancy. In addition, surrogacy and artificial insemination laws vary widely from state to state, and your attorney can help you explain your state`s rules. Most offer free consultations, so your first step should be to contact an experienced family law lawyer. Different religions take different approaches to surrogacy, often linked to their views on assisted reproductive technology in general. Gay men who became fathers resorted to surrogacy, reported similar experiences to other couples who used surrogacy, including their relationships, both their child and their surrogate.  Hiring a lawyer to consider a surrogacy arrangement may seem unnecessary, but a lawyer can help you protect your rights when making this sensitive agreement. At first glance, surrogacy seems like an attractive alternative, as a poor surrogate receives much-needed money, an infertile couple gets their biologically expected baby, and the country earns foreign currency, but the true picture reveals the bitter truth.
Due to the lack of appropriate legislation, surrogate mothers and intended parents are exploited in one way or another and profits are made by intermediaries and commercial agencies. There is no transparency throughout the system, and the opportunity to get involved in legal matters exists due to the unpredictable regulation of surrogacy in India. Seeing your child when they are not legally “yours” can be difficult.