Wednesday, 4 September 2013

Surrogate Child A Option for Child less Father of India?

Save Indian Family Yahoo Group every day we witness such cry from many Indian Fathers , who are refused to meet their own child years together in spite of paying child maintenance or even court order. Many Fathers have child visiting rights from court , but their wife do not brother to obey the court order and when husband go back to court to implement the order, they get only date after date.

On the other hand we witness cases where wife left the child , go to some world tour or get married to some other guy and after 3 or 4 years suddenly one day come to court and apply for child custody , the same immediately granted not even in Guardianship act, but in Domestic violence act.

Means getting the access of Child for a Father's if his wife refuse is impossible to get as per Indian law lead to huge mental abuse and depression among them. 
Recently we witness many suicide cases due to such emotional abuse going on India and neither Judiciary, Media or Law makers shown any concern to Promote the Joint Child Custody system in India. They failed to recornise it is not father or mother right , it is Child right to have access to both parents and money does not come in picture.

Child Visiting for Indian fathers day by day became very difficult due to various biased LAW specially Domestic Violence act , where by a single compliant the Fathers had restricted to meet the child as by default.

Mr. Sayad a bright IT engineer end his life in Bangalore in End his life in 2008 and before suicide he put a YouTube Video for the whole world how his wife ensure he can't meet his own child.
In 2013 in Delhi Mr. Rajesh a media Journalist also end his life as in spite of fight in court last 4 years and paying child maintenance, his wife not allowed to meet his own child and one day he end his life.

Last year in Bangalore in case of Mr. Rudy when he want to meet his child the court order to pay 10L rupees, he paid the same but more than 1 years past his wife still not bring the child to allow him to meet. 
Mr. Rup , flighted 2-years in court to get a child visiting order , but in last 1 years able to see his child hardly 30 min as his ex-wife always ready with new new story that child is not available in home.
Visit to family court room forget about child custody , even to meet his own child they have to fight in court for years and if at all the visiting rights given like 1 or 2hrs in a month, that also not obeyed by wives. Child visiting for Men in India became like a Paid service TV serial or a movie where the Ticket you have to buy with huge cost and that also no grantee after buy the Child visiting Tickets, you will be allowed to see your child.

More than 80% of such court order violated by wife under whose custody the child is and Judges unable to implement their own order.
Bottom line the Fathers of India had been treated as Free ATM machine only. More than 95% cases the child custody refused to them and even do not allowed a visiting rights for 2 or 3 hours in a week.

Result last 2 or 3 years many man of India looking for the option of Sarogated Child and attractively pushing for THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) BILL, 2008 (Click for Link)

While official statistics on the number of surrogacy cases arranged in India are not available, anecdotal evidence suggest a sharp increase. According to Delhi-based resource group SAMA, reproductive tourism in India alone is valued at over $450 million a year and was forecast by the Indian Council for Medical Research to be a six-billion-dollar-a-year market in 2008. Reports in 2011 pegged the market at over Rs2,000 crore.

Determination of status of the child –

(1) A child born to a married couple through the use of assisted reproductive technology shall be presumed to be the legitimate child of the couple, having been born in wedlock and  with the consent of both spouses, and shall have identical legal rights as a legitimate child born through sexual intercourse.

(2) A child born to an unmarried couple through the use of assisted
reproductive technology, with the consent of both the parties, shall be the legitimate child of both parties.

(3) In the case of a single woman the child will be the legitimate child of the woman, and in the case of a single man the child will be the legitimate child of the man.

(4) In case a married or unmarried couple separates or gets divorced, as the case may be, after both parties consented to the assisted reproductive technology treatment but before the child is born, the child shall be the legitimate child of the couple.

(5) A child born to a woman artificially inseminated with the stored sperm of her dead husband shall be considered as the legitimate child of the couple.

(6) If a donated ovum contains ooplasm from another donor ovum, both the donors shall be medically tested for such diseases, sexually transmitted or otherwise, as may be prescribed, and all other communicable diseases which may endanger the health of the child, and the donor of both the ooplasm and the ovum shall relinquish all parental rights in relation to such child.

(7) The birth certificate of a child born through the use of assisted reproductive technology shall contain the name or names of the parent or parents, as the case may be, who sought such use.

Laws regulating commercial surrogacy are at best fluid, differing widely from country to country. In other nations where commercial surrogacy is legal, like Russia or Ukraine, single parents or gay couples are allowed to hire a surrogate. In the U.S., regulations vary from state to state; in Arkansas, for example, single people are allowed to hire a commercial surrogate, but the rules are ambiguous when it comes to gay couples. In California, there are no restrictions on the service based on sexual orientation or marital status.

But with the Present situation of Indian biased treatment to Indian Fathers by Judiciary, LAW Makers and Media who converted the Child visiting right for Fathers = Paid service watching some TV serial/Movie show only, no emotion of child or father's taken into consideration will happily well come such step.
With the time we will see Surrogate Child only Option left for Child less Father of India as biased Domestic Violence LAW along with proposed New Divorce Bill, where your wife can run away with your child and you don't even have any Legal recourse in India to oppose that.

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