This document defines and discusses different types of surrogacy, including traditional/partial surrogacy where the surrogate's egg is used, and gestational/total surrogacy where donor eggs are used. It also discusses commercial surrogacy where payment is provided, versus altruistic surrogacy without payment beyond medical expenses. The document outlines Indian laws governing surrogacy including the Assisted Reproductive Technologies Bill of 2010 and Surrogacy Regulation Bill of 2016, which aim to balance the rights and interests of surrogate mothers, commissioning parents, and children born of surrogacy.
In this ppt, surrogacy is defiend and its types on the basis of method and another types on the basis of money and their differences as well. Regulation bill 2016 and its features has been also discussed.
A Surrogate is a process of arrangement for women to carry and give birth to a child who will be raised by others. For more info visit http://www.growinggenerations.com
In this ppt, surrogacy is defiend and its types on the basis of method and another types on the basis of money and their differences as well. Regulation bill 2016 and its features has been also discussed.
A Surrogate is a process of arrangement for women to carry and give birth to a child who will be raised by others. For more info visit http://www.growinggenerations.com
Surrogacy Regulation Act 2021 has been notified in the Gazette on 25th December 2021 and there are important implications for all who practice surrogacy in India both for patients and clinics and ART Banks.
Dr Sujoy Dasgupta moderated a panel in “Milan”, the conference of all of the Obstetric and Gynaecological Societies of West Bengal, held in Kolkata in February, 2022
MEDICO LEGAL ISSUES In Infertility & IVF DR. SHARDA JAIN Dr. Jyoti Agarwal ...Lifecare Centre
MEDICO LEGAL ISSUES In Infertility & IVF DR. SHARDA JAIN Dr. Jyoti Agarwal Dr. Jyoti Bhaskar
HISTORY of IVF
THE WORLD FIRST IVF BABY..LOUISE BROWN 25/7/1978
WORLD 2nd but INDIA,s first undocumented IVF BABY..KANUPRIYA [DURGA]…was born
67 days later on 3/10/1978 through effort of
DR SUBHAS MUKHERJEE****Mainly went unnoticed
BABY HARSHA 6/8/1986 …
BOMBAY KEM HOSPITAL + ICMR Effort.
The definition of a surrogate is someone who takes the place of another, particularly in a family role. An example of a surrogate is a woman who gives birth to a baby, but gives the baby to another family.
The HFEA is the independent regulator for IVF treatment and human embryo research and came into effect on 1 August 1991. The 1990 Act ensured the regulation, through licensing, of:
the creation of human embryos outside the body and their use in treatment and research
the use of donated gametes and embryos
the storage of gametes and embryos.
This is a slide on in vitro fertilization and everything you need to know about it in your medical school. All data and information are validated and extracted from authentic resources.
THE ASSISTED REPRODUCTION TECHNOLOGY REGULATION RULES, 2010
Members of drafting committee11 members
1- Sr Advocate Supreme Court of India
2 – Public Interest Legal Support and Research
3 – Dept of Family Welfare, M of Fam Wel and Research
5 – experts from the field of Reproductive Medicine
Abortion laws in India - A comparative analysis of India with the world (case...VehaPandya
A detailed analysis of abortion laws and practices all over the world with a key emphasis on Abortion Laws in India - supplemented with real life case studies and legal dilemmas faced by the indian judiciary.
Surrogacy Regulation Act 2021 has been notified in the Gazette on 25th December 2021 and there are important implications for all who practice surrogacy in India both for patients and clinics and ART Banks.
Dr Sujoy Dasgupta moderated a panel in “Milan”, the conference of all of the Obstetric and Gynaecological Societies of West Bengal, held in Kolkata in February, 2022
MEDICO LEGAL ISSUES In Infertility & IVF DR. SHARDA JAIN Dr. Jyoti Agarwal ...Lifecare Centre
MEDICO LEGAL ISSUES In Infertility & IVF DR. SHARDA JAIN Dr. Jyoti Agarwal Dr. Jyoti Bhaskar
HISTORY of IVF
THE WORLD FIRST IVF BABY..LOUISE BROWN 25/7/1978
WORLD 2nd but INDIA,s first undocumented IVF BABY..KANUPRIYA [DURGA]…was born
67 days later on 3/10/1978 through effort of
DR SUBHAS MUKHERJEE****Mainly went unnoticed
BABY HARSHA 6/8/1986 …
BOMBAY KEM HOSPITAL + ICMR Effort.
The definition of a surrogate is someone who takes the place of another, particularly in a family role. An example of a surrogate is a woman who gives birth to a baby, but gives the baby to another family.
The HFEA is the independent regulator for IVF treatment and human embryo research and came into effect on 1 August 1991. The 1990 Act ensured the regulation, through licensing, of:
the creation of human embryos outside the body and their use in treatment and research
the use of donated gametes and embryos
the storage of gametes and embryos.
This is a slide on in vitro fertilization and everything you need to know about it in your medical school. All data and information are validated and extracted from authentic resources.
THE ASSISTED REPRODUCTION TECHNOLOGY REGULATION RULES, 2010
Members of drafting committee11 members
1- Sr Advocate Supreme Court of India
2 – Public Interest Legal Support and Research
3 – Dept of Family Welfare, M of Fam Wel and Research
5 – experts from the field of Reproductive Medicine
Abortion laws in India - A comparative analysis of India with the world (case...VehaPandya
A detailed analysis of abortion laws and practices all over the world with a key emphasis on Abortion Laws in India - supplemented with real life case studies and legal dilemmas faced by the indian judiciary.
The Law Commission of India also submitted the 228th report on this subject to discuss and underline the importance and need for a process for childless couples and to suggest a regulatory mechanism for surrogacy. Commercial surrogacy has been declared legal in India.
Surrogacy is defined as when another woman carries and gives birth to a baby for the couple who want to have a child. There are two main types of surrogacy, traditional and gestational surrogacy. Here we will let you know the facts about the laws on surrogacy in various countries.
The legal situation surrounding surrogacy varies from state to state. There are states where surrogacy is banned outright. Other states allow both commercial and altruistic surrogacy.
Raipur IVF Centre offer all range of surrogacy treatment, surrogate mother in India, Raipur because of our high success rates,Become a Surrogate in India
surrogacy Cost in Delhi, best surrogacy Cost in Delhivinsfertility
Surrogacy and In Vitro Fertilisation (IVF) are two fertility treatments that assist couples and individuals in conceiving a child. Surrogacy involves a surrogate mother carrying and delivering a baby for the intended parents, while IVF is a process where an egg is fertilised by sperm outside the body.
Those who are unable to bear a child naturally sometimes feel really bad and sad they feel like dark all around but at that time Surrogate mother and
Surrogacy can be a ray of hope for such couples. And not only India is booming industry for couples looking to adopt a child within the countries own
territory, but it has become an international attraction for couples looking for a surrogate mother and surrogacy from abroad. It’s term which is used when a
woman carries a pregnancy and gives birth to a baby for another woman.
Surrogacy can be a ray of hope for such couples. And not only India is booming industry for couples looking to adopt a child within the countries own
territory
IVF Cost in Chandigarh, Best IVF Cost in Chandigarhvinsfertility
In India, the cost of in-vitro fertilisation (IVF) can vary significantly due to several factors that influence the overall expenses. Understanding these factors is essential for couples and individuals considering IVF Cost in Chandigarh treatment to make informed decisions.
Experience the gift of parenthood through Select IVF's surrogacy treatment in Guwahati. Combining cutting-edge IVF technology with the dedication of surrogate mothers, this compassionate journey offers a chance for aspiring parents to welcome their little miracles into the world. With Select IVF's expertise and the warmth of Guwahati's embrace, the dream of a complete family becomes a beautiful reality.
Planned surrogacy in India is on the rise, with more and more western couples choosing Indian surrogates to have their babies. With surrogacy, infertile couples can finally have their own baby – something which could not even be dreamt of about two decades earlier.
India has emerged as a popular destination for surrogacy and In Vitro Fertilisation (IVF) treatments, thanks to its advanced medical facilities and cost-effective options. As prospective parents explore these fertility solutions, understanding the associated costs becomes crucial for informed decision-making and financial planning.
Surrogacy cost in Siliguri - Best Surrogacy Centre in SiliguriSushma Sharma
In the scenic city of Siliguri, nestled amidst the foothills of the Himalayas, the journey to parenthood takes on new dimensions. For couples and individuals navigating infertility, surrogacy emerges as a beacon of hope, offering a pathway to realizing the dream of having a child. In this guide, we delve into the intricacies of surrogacy, shedding light on the Surrogacy Cost in Siliguri, while also exploring the offerings of the Best Surrogacy Centre in Siliguri.
The legal aspects surrounding surrogacy are complex, diverse and mostly unsettled. In most of the countries world over , the woman giving birth to a child is considered as the Child's legal mother. However, in very few countries, the Intended Parents are be recognized as the legal parents from birth by the virtue of the fact that the Surrogate has contracted to give the birth of the Child for the commissioned Parents. India is one country amongst the few, which recognize the Intended/ Commissioning Parent/s as the legal parents. Many states now issue pre-birth orders through the courts placing the name(s) of the intended parent(s) on the birth certificate from the start. In others the possibility of surrogacy is either not recognized (all contracts specifying different legal parents are void), or is prohibited.
Email: info@ivfsurrogacy.com.au
www.ivfsurrogacy.com.au
Everything You Need To Know About Surrogacy - Physician's Surrogacy physicianssurrogacy
Here we are consider the essential tips of Physician's Surrogacy with the help you can boost your confidence, Our surrogacy and donor center is a unique, all inclusive model in the world of surrogacy. Have you want any questions about surrogacy. Please contact us.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
2. Meaning
◦ The word ‘surrogate’ has its origin in Latin term “Surrogatus” which
means a substitute, that is, a person appointed to act in the place of
another.
◦ According to the Black’s Law Dictionary, Surrogacy means the process
of carrying and delivering a child for another person.
◦ Section 2(aa) of the Draft Assisted Reproductive Technologies
(Regulation) Bill, 2010 (in short ART Bill) also defines “Surrogacy
(gestational) as an agreement in which a woman agrees to a pregnancy
achieved through an assisted reproductive technology in which neither of
the gametes belong to her or her husband, with the intention to carry it
till term and hand over the child to the person or persons for whom she is
acting as a surrogate”.
◦ The ART Bill 2010 also defines the term ‘surrogate mother’ as a woman
who is a citizen of India and is resident in India, who agrees to have an
embryo generated from the sperm of a man who is not her husband and
the oocyte of another woman, implanted in her to carry the pregnancy to
viability and deliver the child to the couple/ individual that had asked for
surrogacy.
3. Contd…
◦ THE SURROGACY (REGULATION) BILL, 2016
◦ Section 2(zb) “surrogacy" means a practice whereby one woman bears and
gives birth to a child for an intending couple with the intention of handing over
such child to the intending couple after the birth;
◦ Section 2(ze) “surrogate mother" means a woman bearing a child who is
genetically related to the intending couple, through surrogacy from the
implantation of embryo in her womb and fulfils the conditions as provided in
sub-clause (b) of clause (iii) of section 4;
4. Types of Surrogacy on the Nature of Process
◦ Traditional or Partial Surrogacy
◦ Gestational Surrogacy or Total Surrogacy
5. Traditional or Partial Surrogacy
◦ In the traditional case, the surrogate mother will be
artificially inseminated with the sperm of the intended
father or the sperm from a donor when the sperm count is
low. Here the mother would be genetically related with the
baby because in either case the surrogate’s own egg will be
used. Due to this reason the two parties’ i.e. infertile couple
and surrogate mother enter into a contract where surrogate
mother is artificially inseminated with the sperm of male
partner of that couple.
◦
6. Gestational Surrogacy or Total Surrogacy
◦ In order for a pregnancy to take place, a sperm, egg, and a uterus
are required. In case of gestational surrogacy, the eggs are
extracted from the intended mother or egg donor and mixed with
sperm from the intended father or sperm donor in vitro. In case
of total surrogacy an embryo created by the process of In-Vitro
fertilitsation is implanted into the surrogate’s uterus. One thing is
worthy to mention in context of gestational surrogacy is that here
the mother is not genetically related to the child. The gestational
surrogacy comes under the ambit of assisted reproductive
technologies. Gestational surrogacy can be described as “Womb
leasing Process”. The reasons to call it so is that the surrogate
mother merely allows her womb to be used for carrying further
the reproductive process.
◦
7. Types of Surrogacy on the Basis of Financial
Reward
◦ It is a that form of surrogacy wherein the surrogate mother is paid not only for the
medical and other expenses to deliver the child, but in addition to that a hefty amount
is also paid to carry the child to maturity in the womb. Generally in this form of
surrogacy, the intended parents and surrogate mother are not known to each other
before entering into an agreement. Due to this reason, this form of surrogacy is purely
guided by monetary considerations. In commercial surrogacy arrangements, the
surrogate mother enters into an agreement with the commissioning parents or single
parent to bear the burden of pregnancy. In return of her agreeing to carry the term of
the pregnancy, she is paid by the commissioning parents for that. The usual fee is
around $ 25,000 to $ 30,000 in India which is around 1/3rd of that in developed
countries like the USA. Thus money plays an important role in this type of surrogacy.
Its nature is purely commercial. In India, the greed for money is responsible for the
increase in the cases of commercial surrogacy. This form of surrogacy is very complex
in nature and has generated a heated debate all over the world amongst academicians
and legal luminaries.
◦
8. Altruistic or Emotional Surrogacy
◦ It is that form of surrogacy in which the surrogate mother does not
receive any financial reward for the pregnancy or for the pain to be
undertaken by her or for the handing over of the child to the
commissioning parents. It is also known as non-commercial surrogacy
or emotional surrogacy. However in altruistic surrogacy, all expenses
such as reimbursement of medical and other expenses related to the
pregnancy and birth would be paid to surrogate mother by intended
parents. In nut shell it can be said that when the surrogate mother does
not receive any monetary gain in order to give birth of child for
intended parent it is known as altruistic surrogacy.
◦ Thus, Surrogacy is commercial or altruistic depending on whether the
surrogate receives financial reward for her pregnancy or for the
relinquishment of the child or not.
9. CONTD…
◦ THE SURROGACY (REGULATION) BILL, 2016
◦ Section2(b) “altruistic surrogacy" means the surrogacy in which no charges,
expenses, fees, remuneration or monetary incentive of whatever nature, except the
medical expenses incurred on surrogate mother and the insurance coverage for the
surrogate mother, are given to the surrogate mother or her dependents or her
representative;
◦ Section2(f) “commercial surrogacy" means commercialization of surrogacy services
or procedures or its component services or component procedures including selling or
buying of human embryo or trading in the sale or purchase of human embryo or
gametes or selling or buying or trading the services of surrogate motherhood by way
of giving payment, reward, benefit, fees, remuneration or monetary incentive in cash
or kind, to the surrogate mother or her dependents or her representative, except the
medical expenses incurred on the surrogate mother and the insurance coverage for the
surrogate mother;
10. Factors responsible for Commercial Surrogacy in India
◦ Extreme poverty and social and economic backwardness in India are some of
the forces which are driving women into this ethically unacceptable business.
◦ Surrogacy arrangements are motivated by a desire for a genetically related
child and the disincentive arising out of the prolix adoption procedures
coupled with difficulty in finding suitable child for adoption.
◦ The costs of medical treatment are low in India and it is proving to be an
attractive hub for foreigners to procure benefits of medical tourism especially
surrogacy. Thus India is witnessing a hike in cases of commercial surrogacy
due to medical tourism boom fuelled by low medical costs.
◦ It has been noticed that the day to day changing life styles as well as the
higher cost of living are also forcing women to adopt surrogacy as a business
to earn money.
◦ Some of the countries have either banned commercial surrogacy or have
enacted stringent laws to deal and regulate the commercial surrogacy as a
money making profession. Opposite to this, in India the commercial surrogacy
is considered legal. In Countries like Japan, England, Australia, commercial
surrogacy is illegal .
11. Conflicting Interest and Rights of
Parties of Surrogacy Arrangements
◦ Interests and Rights of Surrogate Child
◦ Interests and Rights of Surrogate Mother
◦ Interests and Rights of Commissioning Parents
12. Interests and Rights of Surrogate
Child
◦ In P. Geetha v. The Kerala Livestock Development Board Limited(2015 SCC
Online, Ker. 71 (Decided on 06/01/2105) the Kerala High Court dealing with
an urgent issue as to whether a biological mother is entitled to the maternity
leave in a case where she has obtained the baby through surrogacy, gave a
landmark judgement in favour of the genetic/biological mother. The court held
that a mother who has obtained the baby through surrogacy is entitled to all the
benefits of an employee could have on post-delivery, i.e. the child specific
statutory benefits. In the instant case, the respondents refused to grant maternity
leave to the petitioner (An employee in the government of Kerala undertaking)
to take care of the new born on the ground that the Kerala livestock
development board ltd. Rules and regulations 1993 only provide maternity
leave envisaged under normal circumstances. It was contented on behalf of the
petitioner that “motherhood does not end with the delivery of a baby, but
continues with more vigour through the process of child rearing, which is an
equally difficult task”.
13. Interests and Rights of Surrogate
Mother
◦ Baby Manji Yamada v. Union of India(JT 2008(11)
SC 150) popularly known as Baby M case wherein
the surrogate mother after handing the child over
to the intended parents became deeply disturbed,
disconsolate, stricken with unbearable sadness and
had to have her child back. She could not eat, sleep
or concentrate on anything other than her need for
her newly born baby. It is not in the interest of the
mother because it affects her health
14. Interests and Rights of Commissioning
Parents
◦ The individual’s interest in domestic relation also includes
interest in relationship of parents and child. The infertile
couples have a right to family and child which are
important individual interests. But the question is whether
interest in becoming parents of child is permissible at the
cost of health of surrogate mothers. It is true that the right
to family and to have children, right to procreation and
right to access to modern scientific technology are some of
the rights which cannot be denied to commissioning
parents. Modern reproductive technology has brought up a
ray of hope for infertile couples
15. The Assisted Reproductive Technologies (Regulation) Bill2010
◦ Aim of law is to build and maintain the efficient structure of a society which sustains the
satisfaction of the maximum of desires with the minimum of friction and waste. Therefore law
is concerned with satisfaction of individual or social needs, wants, claims and interests. The
law has to recognize just interests-individual, public and social and it has to satisfy the
competing claims to satisfy the just claims, demands and expectations keeping in view the total
common good. This aim can be accomplished through the process of social engineering which
facilitates balancing of conflicting interests. The Ministry of Health and Family Welfare along
with the Indian Council of Medical Research (ICMR) drafted the Assisted Reproductive
Technologies (Regulation) Bill in the year 2008 to balance and resolve conflicting interests of
parties of commercial surrogacy. Unfortunately, the ART Bill 2008 was appearing ineffective to
address the all concerns of the parties of surrogacy and therefore recently the Parliament of
India revised it and passed a new Bill in 2010. It would not be out of place to mention here that
before drafting of the aforesaid mentioned Bills on reproductive technology, the ICMR had also
framed guidelines for ART clinics which were functioning within the country to deal with
surrogacy. However, the draft of both the Bills is somewhat similar to the ICMR guidelines of
2002. The draft of ART Bill 2010 can be said to some extent is affording protection to the rights
and interests of the parties involved in surrogacy and trying to reconcile the conflicting interests
of the surrogate mother, rights of the children and commissioning parents.
16. Features of the Bill
◦ Legal Enforceability of Surrogacy Contracts
◦ Guardian to Take Care of Surrogate Mother
◦ Screening of health and age of Surrogate mother
◦ Issuing of Certificate to Surrogate Mother
◦ Confidentiality of Surrogate Mother
◦ Abnormalities of a Child no Bar in Adoption
◦ Legitimacy of Child born out of Surrogacy
◦ Right of the Surrogate Child to Obtain Information
17. Features of the Surrogacy Bill, 2016
◦ 1. Surrogacy will not be allowed for –
◦ Homosexual couples
◦ Single parents
◦ Couples in live-in relationships
◦ Foreigners
◦ Couples with children
◦ Attempts at commercial surrogacy
◦ 2. Couple must be married for atleast 5 years.
3. Either one of couple must have proven infertility.
4. Only Indian citizens; NRIs are also not included
5. Age of couple: 23-50 for females and 26-55 for males.
6. Women can be surrogates only once and a married couple can only have one surrogate child.
7. The couple should employ an “altruistic relative”, i.e. the surrogate mother should be a relative who
is sympathetic to the situation.
8. Egg donation is banned