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Surrogacy Law Characteristics

Surrogacy is quite a complex legalissue, since there is the plenty of room for incorrectness anddisobedience during these procedures. In the US, this phenomenon isregulated differently in different countries. Therefore, surrogacy iscompletely banned in Arizona and the District of Columbia, whileNorth Dakota and Washington are picky on the issue, allowing somecases, yet disallowing others. Furthermore, there are voids inNebraska, Indiana, Louisiana and Kentucky, while these voids arecombined with penalties for some cases in New York and Michigan. Allin all, there are different attitudes towards the whole question ofsurrogacy. However, in California, there is an unwritten law whichrecognizes surrogacy and accepts it in most cases. Yet, the situationis still disappointing due to certain countries banning surrogatecontracts altogether. Moreover, this issue is present in many othercountries around the world, being treated differently and with various reactions, both from the public and from the will of the law.

India Facing an Important Decision

There is a surrogacy law in India.Even though this law is still in a form of draft, it is only a matterof time when it will face the officials and be given a chance. Thislaw contains guidelines for forming a surrogate contract, noting whatcan and what cannot be done during the process.

Thereby, the contract may be formedsolely between the biological parents and the surrogate. A surrogatemother must register in the facility, the clinic, where the childwill be born, as a surrogate mother she is, administering all thenecessary papers and information. Once the child is born, its birthcertificate will carry its biological parents' names.

As for the expenses of the wholemedical procedure of the biological parent, surrogate parents aresupposed to take care of them. Nevertheless, they may have anagreement with the biological parents and decide to carry this outdifferently.

Additionally, donors cannot besurrogates in any respect. Therefore, they must give away all theirrights in written form beforehand. This also goes for the biologicalparents, since they also need to give away all of their rights.

Any assisted conceptions may bepossible only if the parents are absolutely incapable of having achild on their own. What is more, the surrogate mother may not beolder than 45. Also, she needs to be tested for HIV and otherdiseases before the embryo transfer takes place. Furthermore, onewoman may be a surrogate mother only three times during her lifetime.

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