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India removes surrogacy from gay foreigners
(Blogmensgo, 26 January 2013) Foreign homosexual singles and couples no longer have the right to use a surrogate to bear a child in India. This was decided by the Indian Ministry of Home Affairs on the occasion of a new circular enacted in July 2012, sent to foreign embassies on December 17, 2012 and revealed to the public on January 18th 2013 by the article in the Times of India.
The new regulations states that the only foreign couples allowed to offer the services of a surrogate Indian are formed by "a foreign man and a woman legally married for at least two years."
Why must a couple man woman? According to the Times of India, it is because the Indian Ministry of Interior based on the rules of the Indian Council of Medical Research (ICMR). However, the regulation of ICMR recognizes marriage only as the union of a man and a woman.
The new circular imposes drastic constraints on the other. The foreign couples wishing to use an Indian surrogate mother must produce well with their visa application, a letter from their Embassy in India or their Foreign Ministry stating that the management to others (GPA) is legal in their own country. They have to sign a deed with the surrogate and carry out the possible medically assisted procreation (PMA) in a clinic approved by the ICMR.
When staying in the country aiming to find a surrogate mother in India it is now required to have a medical visa and not a tourist visa (which is granted only if it is an exploratory trip to possible GPA). Followers of the GPA shall, before leaving the country, prove that they have fulfilled their obligations to the surrogate mother and, of course, the child born or unborn. Finally, they must prove that the same child will be well allowed to enter their own country.
Comment: The new circular is formally put in some order, dignity and prophylaxis in the GPA, the LDCs and in vitro fertilization (IVF) in India. This country had its specialties, but so far the most complete anarchy. All these specialties are grouped under the label in the Indian PMA (ART or English). There are no specific statistics on surrogacy in India, but the LDCs in the broad sense, realized around 2011 the annual turnover of some 25 billion rupees, or 344 million euros (source).
As for the prohibition of surrogacy for foreign homosexual couples, it follows from the Indian dithering on the legality of homosexuality, which lasts for years and is sung in Hindi, Gujarati and English on the air "two steps forward, one step back."
What will become of the Minister of the Interior, Sushilkumar Shinde, now that the case has been launched into the deep media? This honor broadening the scope of potential applicants to homosexual couples. We can suggest directly by sending a babbling mailing address or personal email listed on this page.
This article has been translated from our French blog, to view the original, click here.