MUMBAI: A woman who has attained motherhood through a
surrogacy procedure is entitled to six months maternity leave like any other
woman, the Bombay High Court has ruled.
"Having considered rules 551(C) and(E) of Child Adoption Leave and Rules, we find that a case is made out for grant of interim relief as there is nothing in these rules which would disentitle maternity leave to a woman who has attained motherhood through surrogacy procedure," a bench of Justices Anoop Mohta and GS Kulkarni said in their order delivered on January 29.
"Having considered rules 551(C) and(E) of Child Adoption Leave and Rules, we find that a case is made out for grant of interim relief as there is nothing in these rules which would disentitle maternity leave to a woman who has attained motherhood through surrogacy procedure," a bench of Justices Anoop Mohta and GS Kulkarni said in their order delivered on January 29.
Accordingly, the judges,
granting interim relief, asked the Central Railway (CR) to grant 180 days
maternity leave to its woman employee, who had filed the petition challenging
the decision of authorities to reject her leave application.
The High Court, while asking the Central Railway to grant petitioner maternity leave, posted the matter for disposal on March 11.
The petitioner had approached the High Court after the CR refused to give her maternity leave on the ground that there was no provision in the rules to grant such leave in case of surrogacy mothers.
The petitioner got married in 2004 and for a long time she could not conceive a child. Hence, she decided to go in for the surrogacy procedure. Accordingly, an agreement was signed with a surrogate mother.
When the surrogate mother completed 33 weeks of pregnancy, the petitioner applied for maternity leave, but her application was rejected by the CR. Being aggrieved, she moved the High Court.
Counsels for the petitioner, Sandeep Shinde and Tanya Goswami, argued that if maternity leave was refused to the petitioner, it would violate the right of the child to develop a bond with the mother and would also not be compatible in society.
The High Court, while asking the Central Railway to grant petitioner maternity leave, posted the matter for disposal on March 11.
The petitioner had approached the High Court after the CR refused to give her maternity leave on the ground that there was no provision in the rules to grant such leave in case of surrogacy mothers.
The petitioner got married in 2004 and for a long time she could not conceive a child. Hence, she decided to go in for the surrogacy procedure. Accordingly, an agreement was signed with a surrogate mother.
When the surrogate mother completed 33 weeks of pregnancy, the petitioner applied for maternity leave, but her application was rejected by the CR. Being aggrieved, she moved the High Court.
Counsels for the petitioner, Sandeep Shinde and Tanya Goswami, argued that if maternity leave was refused to the petitioner, it would violate the right of the child to develop a bond with the mother and would also not be compatible in society.
Heard this story time ago.
ReplyDeleteWe're currently undergoing surrogacy in Ukraine, BioTex. Here surrogacy arrangements are permitted by law as long as the parties involved do meet the following requirements: To be an officially married, heterosexual couple.
At least, the intended father is able to provide his genetic material. Ideally, the law envisages that both commissioning parents provide their gametes for the creation of the embryo.
To have a medical cause that is preventing the intended mother from becoming pregnant or carrying a pregnancy to term. under safe conditions for both her and the baby-to-be.
Uterine malformations, being born without uterus, anatomical, morphological or structural problems of the uterine lining that lead to implantation failure. or are incurable are some examples of what the law accepts as medical causes. It is required to prove it by means of a medical certificate. This certificate will be reviewed and approved by Ukrainian gynecologists and reproductive endocrinologists.
Variations between estimates will depend basically on the surrogacy program you choose. It should be noted that using PGD for the determination of the embryo’s sex is permitted only to prevent an inherited condition related to the child’s sex!!
We're using donor egg with surrogacy. Here’s what I’d like to share. We did a huge research on where it would be easier and smoother to perform. Legal aspects of surrogacy in the UK, for ex.
ReplyDeleteThe birth mother is the legal mother irrespective of the conception method and genetic make-up of the baby. The surrogate’s husband if married is considered the legal father and neither can surrender parental duties. If the surrogate has no partner or they are unmarried and not in a civil partnership, the child will have no legal father. The following criteria must be met in order to apply for a Parental Order: Being over 18. Commissioning parent must be resident in UK. At least one of the applicants must be genetically related to the child. Apply after 6 weeks of birth and before 6 months. The surrogate parents must consent to the making of the order. No money other than expenses must have been paid in respect of the surrogacy arrangement. The child must reside with the commissioning parent under English law once the Parental Order is granted the intended parents will receive a new birth certificate stating that they are the legal parents of the child. Quite complicated isn’t it?!
I always had fairly regular cycles. So I thought that meant having babies would be easy. Each month when I saw a negative pregnancy test I was sad, but hopeful. I was hopeful for the next time we could try. I just thought if it didn’t work this time, next time for sure. I was naive to think that we wouldn’t have a problem. The truth is, I didn’t really know anyone who had faced serious kind of infertility. I couldn't imagine how common it was. At the time, only a couple of our close friends had babies. They got pregnant naturally and smoothly. But it just wasn’t something on my radar. As someone who likes to have things organized and in control, this threw me way off course..
ReplyDeleteI remember a friend of mine told me that she was pregnant. She told she had to see a fertility expert and take Clomid to make it happen. That got me thinking and I decided to make an appointment to get checked. When we went further our Dr told us we would never get pregnant naturally. I was crushed.. Infertility feels like a constant reminder that life is not fair. But here one should never loose hope and keep on fighting.
We had failed IUI, ICSI cycles behind before we got onto egg donation track. It took us 3 more rounds to succeed. This is the huge blessing of all the entire life. We have to be strong and certain about what we're doing is right. If this is a surrogacy route for you then start with the researches on boards. I read women paid 30000-50000 EUR for the treatment shots in Ukraine, if I got it right. Anyway it's always helpful to get that hell of support ladies on infertility boards offer.
Instead of completely emotionally distancing themselves from the baby, many surrogates decide to look at what they’re doing as ''babysitting'' for nine months. In fact, most surrogates say that while they care for the child they’re carrying, they actually don’t bond as intensely as they did with their children during their own pregnancies. Surrogates are doing great job. They help others to create happiness - their small miracles. Of course it happens, not all the surrogates are this kind and responsible. We all know the episodes when the surros didn't want to pass their kids to the IP after delivery. Some even blackmailed the IP as they were considered to be mothers of the babies born. That's why it's so important to choose the surrogacy friendly country. Ukraine might be the best decision though. as its law is absolutely friendly to the IP. It favors them more than the surrogate. As soon as the surrogate signs the contract, she has no right for the kid. IP may have their mind at peace no one is going to take their baby away. Or that they'd need to go to the court to fight for their kid. This will never happen in Ukraine. Moreover, Biotexcom has invented very attractive packages for the IP. So everyone can choose what fits their needs the best.
ReplyDelete