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India: Who Gets Baby Carried By Surrogate After Biological Parents Divorce?

By Janet Langjahr

India has a small but thriving industry. Surrogate mothering.

For poor, uneducated Indian women, being a surrogate is a way to earn the equivalent of $4 or $5,000.

And then the biological parents adopt the child.

But sometimes, things go wrong.

For example, a Japanese couple hired an Indian surrogate mother to carry their baby to term.

But before the baby was born, the couple divorced.

Now the biological mother no longer wants the baby. And the surrogate doesn’t want the baby.

The biological father does but, under Indian law, a single father cannot adopt.

So now the eleven (11) day old baby remains in the hospital, under the care of the biological father’s mother.

Awaiting someone who can take legal custody of her.

Read more in this Canadian Press article: Surrogate child custody case in limbo in India after Japanese parents divorce.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on August 16, 2008 (boomark / email).