SurrogacyIndia’s focus is in fertility, not infertility. Making babies, is possible. ‘Possible’ is what we believe in.

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Wednesday, November 18, 2015

For exporting of Gametes or Embryos out of India.

We received this email from ​​​​Surrogacy Advocacy Abroad and we request all our patients to look into it.


We write to you as
​​​​Surrogacy Advocacy Abroad. Our aim is to start a class action (working in conjunction with your good selves), bringing a case in hopes that the Courts will look on parents and potential parents who are suffering due to the recent changes and the consequences of Government authorities going against in kind of due process or diligence.

We (SAA) has engaged a Lawyer and will file (2) actions

(1)    Against the ICMR
(2)    Protecting the Embryo’s

To act in the manner the ICMR have is an actionable wrong as much as any action by such public servants following ICMR letter such as the Indian Embassies cancelling medical visas based on the ICMR letter for which the aggrieved person can seek damages for all the physical, mental, emotional, psychological, loss and sufferings caused to him or her.  It has been suggested by our lawyer that “we could also include clinics on the financial impact this will have on their business livelihood”

We also ask the Court, in the event foreigners are banned from India, to be access surrogacy and complete sibling projects with their current genetic material stored in India, further that the Court makes a subsequent order for a grace period to allow the opportunity of families to complete.

We write to you today as we need your help to identify any current or  past clients “all clients even same sex ”that have genetic material (sperm or embryo’s) stored in India”, who trusted India to realise a family or those who are wishing to complete sibling project in India. An estimation of client numbers from each clinic would be helpful as we can include that estimate as possible IP that could be part of our petition. We seek your support in encouraging all clients to join.

We would ask that you share the following with your client group as a matter of urgency

For the clients to be part of our Class Action to be able to access and use their genetic material in India, they need to email: india@surrogacyadvocacyabroad.org advising that they wish to participate in the Class Action, and the Country they reside, we do not need to know their clinic details. As part of this action, they will be required to contribute $150.00 towards the class actions cost. Payments can be made through this link: to www.gofundme.com/surrogacyindia

We believe that the Courts will look on an action taken by potential parents more favourably and with sympathy. If successful, we believe that the courts will only allow such those named in the petition to have the grace period, rather than this being generalised to all IP’s.

Any further contributions would be gratefully revived. If we exceed our numbers we are also happy to contribute our surplus funds to any legal action focus on saving surrogacy in India.

For more information on SAA please visit our website www,surrogacyadvocacyabroad.org

If you require any additional information please don’t hesitate to contact me

Warmest Regards

Kylie Gower

4 comments:

sumita sofat said...

That's some interesting stuff. Well written and described. thanks for the posting.

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