Legal Question in Family Law in India

I used a surrogate mother in India. We used an egg donor (not the surrogate mother egg) and my husband's sperm. She sined the document to insure we get the baby after and she can not keep it. Now she still wants to keep the baby and we are americans stuck in India and can not leave with the baby because of this complications. I will need a good lawyer and my two main questions are

1- Does the document hold up in court that was signed at the clinic?

2- Does Indian law say who ever carries and delivers the baby is the mother and can have custody or is is determined by genetics?


Asked on 6/20/10, 1:13 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

unless i go through the legal document signed between you and the surrogate mother, nothing conclusive can be opined regarding the future course of action.

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Answered on 6/20/10, 10:51 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

We may be able to help you better after examining your documents. You may send a detailed e-mail and attach all documents.

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Answered on 6/23/10, 10:43 pm


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