A week ago, the birth of twins to a same-sex couple from Spain was being celebrated. Today, the Indian government is investigating the propriety of the process:
A day after it was reported that a gay couple from Spain adopted twin girls born through surrogacy in the Capital, the Delhi Commission for Protection of Child Rights (DCPCR) have asked the fertility centre owner to explain the adoption and surrogacy procedure. The DCPCR asked Dr Anoop Gupta, the o
wner of Delhi IVF & Fertility Research Centre where the surrogate mother delivered the twins, to explain the process followed for the adoption and surrogacy.
“We don’t know what procedures were followed in adopting these children and whether they were correct. The rules and guidelines are pretty stringent and there is a certain way to go about the process. We are not sure if that was kept in mind,” said Amod Kanth, chairperson of DCPCR. The notice was issued to the doctor involved and a reply was also sought from the couple. The area’s deputy commissioner of police, Central Adoption Resource Authority and National Commission for Women and Child Welfare were also notified.
The girls were born on February 1 to a surrogate mother. “The DCPCR views the entire episode seriously as the children are being taken out of the country (to Spain) amounting to an inter-country adoption,” said Kanth. “As the Indian laws are yet to approve of a gay marital relationship, the commission shows its grave concern over the issue as to whether the gay foreigner couple have the legal status to assign such surrogacy or having the legal status of adopting parents or otherwise.”
The commission has asked the doctor concerned to explain the issue, with supporting documents on Monda
As India is increasingly becoming one of the most popular destinations for international couples seeking to have a child via surrogacy, there is looming legislation being considered by the Indian Parliament. Anyone considering surrogacy in India needs to meet with an independent attorney in their home country to ensure that not only will their arrangement be valid, but that they will be able to return home with their child.
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