A Kolkata, West Bengal , India-based NGO, “INDIA’s SMILE”, had filed a PIL which cited the recent trend of fertility centres charging huge amount of money from couples who cannot, or do not want to bear children. According to the petition, there is no law in the country to protect surrogate mothers or to stop the malpractice by fertility centres . The division bench of Hon’ble Chief Justice Arun Mishra and Hon’ble Justice Joymalya Bagchi initially gave 8 weeks for response and then gave another 8 weeks for a response and has set a FINAL hearing in LAST week of August 2013 to see whether there should be laws to protect surrogate mothers and IVF children? So far responses from CBI, Ministry of Health and Indian Council of Medical Research (ICMR) - the nodal agency in India on IVF/Surrogacy have filed their affidavits in Calcutta High Court, West Bengal, India.
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from the article: The right to surrogacy