18 February,2011 06:58 AM IST | | Vatsala Shrangi
Delhi Commission for Protection of Child Rights issues notice to owner of fertility centre where the surrogate mother delivered twins
It was a story with a lot of feel-good factor, symbolising hope and the possibility of your most cherished dreams coming true.
Spaniards Maurou00a0and his partner Juam celebrate their parenthood, at the
fertility clinic in Bengali Market in New Delhi. Pic/Imtiyaz Khan
Naturally city papers flashed the report of Juam and Mauro, a gay couple from Spain, who are now cradling two bundles of joy in their arms. One of the partners gave his sperm which was fertilised artificially with donor eggs at a Delhi clinic and then put in a surrogate mother who delivered the twins recently. But now there seems to be a dark side to the story.
The Delhi Commission for Protection of Child Rights (DCPCR) has issued a notice to Dr Anoop Gupta, the owner of Delhi IVF Fertility Research Centre where the surrogate mother delivered the babies. The Commission is concerned over the process followed for the said adoption, if any, as per the provisions under Juvenile Justice (care & protection) Act, 2000. In the cases of inter-country adoptions as contained in the CARA (Central Adoption Resource Authority) guidelines it is mandatory to abide by certain procedures and conditions. The Commission views the entire episode seriously as the children are being taken out of the country (Spain) amounting to an inter-country adoption.
The notice issued to the doctor, a copy of which is with MiD DAY, reads: "As the Indian Laws in yet to approve of a gay marital relationship, the Commission shows its grave concern over the issue as to whether the above mentioned gay foreigner couple have the legal status to Commission such surrogacy or having the legal status of adopting parents or otherwise.
You are hereby asked to appear before this commission to explain on the issue raised above along with supporting documents on 21.02.11 at 11.30am."Chairperson of DCPCR Amod K Kanth said they have issued a notice to inquire into the matter.
The Other Side
"We are doctors and Indian law has made surrogacy legal. We don't know about the legalities and technicalities of the issue. For me they were just patients seeking help and I did my duty as a doctor," said Dr Anoop Gupta, owner of Delhi IVF Fertility Research Centre.
