Global Surrogacy and Legal Parentage

Just a quick note here about a recent article from the UK press that raises a rather troubling prospect:  People using global surrogacy (the article mentions specifically people working through India)  may not end up as legal parents of their children.

This is really in the category of “variations on a theme” for me–it probably goes in the portable parenthood file.

I’ve also written about surrogacy in India before.   India is a destination for people from many parts of the world who want to use surrogacy.  Some come from parts of the world where commercial surrogacy is illegal.   Others come from places where surrogacy is unaffordable.

You could comply with Indian law and return home to where you came from with a child, but your legal relationship with that child in your home country may not be entirely clear.   This is the problem referred to in the article.   It seems to me to be quite plausible that you’d do nothing further when you came home.  But will your home country recognize you as a parent of a child?  Suppose you have no genetic connection to the child in question, but your home country weighs the DNA link heavily as a criteria for parenthood?   It does make me wonder.


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