India law stands in way of this baby and her Japanese father

Since India does not have surrogacy laws yet, adoption is the only route through which parents can take custody of surrogate babies.

Born in Gujarat, Manji was moved to Jaipur’s Arya Hospital on Sunday and is now under her grandmother’s care. Dr Sanjay Arya of the hospital said her father brought her to Jaipur from after the terror strikes in Gujarat. “The baby was moved here on August 3 and is in an incubator. She was ill when she arrived but has recovered quite well. Her grandmother is taking care of her for now,” Dr Arya said.

He said Dr Yamada chose Jaipur as a long-time friend of his is a gemstone merchant from Jaipur. Dr Yamada and his mother, Amiko (70) were in Gujarat on July 25 when Manji was born. Dr Yamada left for Japan a few days later, while Amiko stayed behind to take care of Manji.

“She does not speak English and we do not understand a word of what she says and vice versa. A friend of the family visits in the morning and acts as a translator,” Dr Arya said.

Manji was born in Akanksha Infertility Clinic (AIC) in Anand, Gujarat and the Yamadas, according to Associated Press, had signed a surrogacy agreement with Priti Patel in November. Dr Nayana Patel, who runs AIC, told The Indian Express over the telephone that there was no problem with the surrogacy. “The Japanese couple came to us in November last year and the IVF was conducted using an Indian egg donor. However, in this case, since the couple is divorced, the baby will go to the genetic father. But it is now a legal issue,” Dr Patel said.

Supreme Court advocate Indira Jaisingh has agreed to be Dr Yamada’s counsel if needed. “There is no law in India for surrogacy but only some Indian Council for Medical Research (ICMR) guidelines. Foreign parents have to comply with adoption guidelines to take custody of a surrogate child,” Jaisingh said.

She also said that in Manji’s case, she would probably have to become a ward of the court, who would then appoint the grandmother as the guardian. “For now, the grandmother is the de facto guardian. But with India emerging as a destination for surrogate pregnancies, a law will have to be brought into effect,” Jaisingh said.