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Usually, we always talk regarding the rights of the surrogate mother or the intended parents during a surrogacy program. Yet, not that often, the details and elements around the rights of the future child get discussed.
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Surrogacy in India and Children Rights: A Detailed Overview! Usually, we always talk regarding the rights of the surrogate mother or the intended parents during a surrogacy program. Yet, not that often, the details and elements around the rights of the future child get discussed. This is where most of the people skip the importance of considering children’s rights for the success of surrogacy treatment in India. So, what are we missing? Is it not the ideal ay like how we are doing already? The right to identity! The first thing which depicts the children right during a surrogacy program is the right to identity. That said, every child deserve to know about the birth, including the genetic parents and any other biological connections. Moreover the information is quite important for the child as they developed a sense of Identity and self love during their upbringing.
Also, there have been situations during a surrogacy program where the biological parents of a child could be someone else apart from the surrogate mother or the intended parents. So, when a child tries to find the biological parent, the process could go complex. They may not have the available information OR the data or any other concerned issues with the surrogacy agencies in India. This is where there is a need of ethical surrogacy practices which must provide certain provision that offer the required information to the future child once they attain adulthood. The right to legal parentage! There are many countries that offer legal parenthood for the future child even before its birth. However there are still many countries that don’t follow the same process, for example, India. That said, every child must have the right to get legal parentage and nationality via best surrogacy centers in India. On the other side, the legal status should be confirmed right from the birth and must ensure that the authorities come up with the same right and protections like any other every child in the country. This may include the legal recognition as a child and related aspects. Moreover, it could prove as an issue to their nationality and accessibility to various social services like healthcare. As of now, there are few countries that have proper regulations to bring through such recognition to the future child. Still, the other countries also need to follow the same process while protecting the children right and avoid them falling into any issues for statelessness. The right to have a family! At the same time, every child must have the right to have a family. Moreover, the same must hold true for the child born via surrogacy at finest surrogacy agencies in India. That said, these children's needs to be raised in a lovely supportive environment and deserve the love of a valued and ethical family. On the side, the intended parents must stay ready for all the responsibilities that come along the way post surrogacy. They must make sure that the needs of the children are being met in the right manner possible and that includes a lovely family and a good home. Also, the surrogacy laws and even the agency must make sure that intended parents are aware of the right and responsibilities during the surrogacy procedure.
The right to good health! Also, every child deserves to be in the right health and well being during a surrogacy program. While the intended parents are paying cost of surrogacy in India for a healthy child, they should take care of every aspect during the process. Additionally, experts must consider this while selecting a healthy surrogate and going with the right and the highest quality medical procedures for the pregnancy. The children on the other hand should receive all the right care before and after their birth and the same time tested for any kind of medical issues or mental health issues. That way, the possibility of any future health risk is minimized for both the surrogate mother and the child The right to protection from Discrimination! Any child born via surrogacy treatment in India should also need to protect from any kind of discriminate. That said, there have been recent examples where children born via surrogacy have faced a lot of social stigma during their upbringing. Moreover, they have been bullied, addressed with racial slurs and like that. This is where the society and the community need to accept the trend of diverse family structure via surrogacy. On the other hand, they should treat the children with respect and dignity like any other child. Besides, the Government and other authorities can run random campaign to raise awareness in the same direction, so as we can provide better environment to all the future kids. There may come situations where the surrogate mother and the intended parents fall into any dispute. In all such cases, the best interest of the future child should be considered while providing the custody to the right party. Even if it happens that agreement between the intended parents and the surrogate mother fails over the cost of surrogacy in India. Even in such cases, the law must take the right decision while keeping everyone’s interest into consideration Final words Every Child deserves a better future, even if they are a part of the surrogacy program. Hence, every agency or even the government department must work in tandem to address this all important concern.