SMA LEGAL advises on ADOPTION & SURROGACY

SMA Legal was requested by a southern European mission in New Delhi to furnish the information regarding ADOPTION and SURROGACY procedures followed in India. SMA Legal has been actively engaged by Non Resident Indians and foreign nationals from time to time to assist them in both these areas.

On the request of the foreign mission SMA Legal acted with diligence and gathered all necessary information on the topics including the current Indian Laws on both.

Within a very short time SMA Legal responded to the queries put forward by the Embassy, to the best of its legal knowledge.  The Legal Opinion prepared by SMA Legal explained about the governing laws pertaining to Adoption and Surrogacy in India.

It was stated that the following acts govern the laws pertaining to Adoption:

  • Hindu Adoption and Maintenance Act, 1956
  • Guardians and Wards Act, 1890
  • Juvenile Justice ( Care and Protection of Children) Act, 2000 (JJA)

Furthermore, the practical process and rules for adoption are laid under The Guidelines Governing the Adoption of  Children, 2011 which was made in pursuance to India joining the Hague convention on Inter-country adoption in 2003. Under this, even foreign nationals can now adopt.

Similarly, in brief the issue of  SURROGACY was also discussed. Due to successive cases coming up before Indian courts, the law on Surrogacy has greatly evolved. However it all started after the MANJI CASE in 2002 that gave recognition to the concept of Surrogacy and allowed for Commercial Surrogacy in India.

However till date there are no definite law regulating Surrogacy in India. The Indian Council of Medical Research (ICMR) made guidelines in 2005 which deal with this issue. Assisted Reproductive Technology (regulation) Bill, 2010 is the long awaited step towards the regulation of surrogacy in India. Parliament of India is still in the process of finalising the bill.

SMA Legal continues to assist clients in both areas i.e. Adoption and Surrogacy. These matters are handled by a well experienced team which can be contacted at [email protected] with the topic mentioned in the subject heading of the email.

 

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