India bans foreign homosexual couples from having recourse to surrogate mothers

Publié le : 22 January 2013

 Since the end of 2012, in India, new rules have been communicated to foreign embassies concerning the practice of using surrogate mothers, banning " foreign homosexual couples and single people from having recourse to a surrogate mother."            

More precisely, the new legislation lays down that "foreign couples wishing to have recourse to a surrogate mother in India must be ‘a man and a woman, married for at least two years‘." Moreover, "the visa application authorises the entry into the country of the adoptive parents of the baby born to a surrogate mother in India in order to prevent these children from then becoming the victims of a legal vacuum." Lastly, "the couples will also have to apply for a medical visa, and no longer a tourist visa."   
In India, a bill to regulate the practice of surrogate motherhood is in the drafting stage and some commentators say that "the lack of legislation in this area encourages an economy of ‘uteruses for rent’ and facilitates the exploitation of the poorest women." According to the experts, "the number of Indian women who have become surrogate mothers for remuneration is not known, but the practice is booming.

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