The Delhi Commission for Protection of Child Rights (DCPCR) has issued a notice to the doctor who “gifted” twins to a Spanish gay couple through a surrogate mother, asking him to explain whether the legal procedure for adoption has been followed. Dr Anoop Gupta of Delhi IVF Fertility Research Centre has been asked to present his case before the commission on February 21.
Citing media reports, DCPCR chairperson, Amod Kanth, has said that in view of the rights of the children and their best interests as defined in Indian law, the commission would like to know the process adopted in the surrogacy and adoption. “You (Dr Gupta) may be aware that in the cases of inter-country adoptions, as per 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,” the notice says.
“The commission is concerned as to whether the gay foreigner couple has the legal status to commission such surrogacy or have the legal status of adopting parents or otherwise”.
Dr Gupta had told mediapersons that the Spanish gay couple had got in touch with him after they came to know that they could have babies using the artificial reproductive technology (ART). However, senior officials of the Indian Council of Medical Research maintain that at present there is no law on surrogacy in India and an ART Bill seeking to address these issues is with the law ministry.
The bill envisages extending ART to couples having legal sexual relationship. Therefore, in case of gay couples, the Indian law will have to approve gay marriages.