Monday, October 27, 2008

Surrogate baby stuck in legal limbo

I read an interesting article from CNN.com regarding a surrogate baby whose adoptive parents divorced before she was born, and is now caught in so-called "legal limbo." Surrogacy was legalized in India about 6 years ago, and today women are carrying babies for others for up to 30,000 dollars. It is a very sad situation, since women are so poor that they make a "living" by undergoing a pregnancy for an infertile woman who wants a child. The process has been nicknamed"wombs for rent" by critics, and it is very uncertain where babies will end up in unique cases such as this. It's tricky because if the adoptive parents say they do not the baby, and the birth-mother of the baby never wanted the baby in the first place, whose care is the child really in? This particular child had a father and grandmother who desperately wanted to take care of her, but they couldn't get her home because in order to get a passport for the baby, the mother must be present. In this case, neither the birth mother nor the mother who had originally sought the child wanted to be involved. An advocate for the Supreme Court in India stated, "I think obviously India owes an obligation to speed up the legal and judicial process so that the child is able to travel as soon as possible." This issue needs to reach a consensus before hundreds of other children have nowhere to be placed after birth. Adoptive parents need to take full responsibility of their choices, even if unforeseen situations arise in the process. I don't think the surrogate mother should ever be put in a situation where she is forced to care for a baby that she had fully intended on giving up ever since conception.