Hi,
We recently commenced a surrogacy programme in a hospital in Hyderabad (paid $15000) but just at the start realised that we will be son having our own baby. We contacted the hospital to deduct all the expenses incurred so and return the remainder as we will not be progressing any further but the hospital openly refused to refund as there is 'no refund policy', and the below response:
We get several patients in a month for our IVF and Surrogacy program, 1 out of 100 may get pregnant naturally, in such a scenario there are two options.
1. The Agreement stands null and void, as per the wishes of the parent.
2. We give the IP’s the opportunity to continue with the program whenever they want to even 3/4/5 years down the line.
In any scenario there is no refund because our program is devised in such a way that the clinic only makes a profit when the patient conceives.
Please refer to clause 12 of the agreement, which says All of the installments being Non Refundable .
It is clinic policy which is in place since long and we cannot change it for anyone.
After providing for your stay, Donor/Surrogate compensation, Blood tests, ART bank payment, Doctor’s fees, Lab charges, Consumables, Lawyer and court fees etc we are left with 1200us$, so it makes sense that you continue with the program whenever you feel comfortable after you have this baby rather then get a refund for 1200us$.
Can you advise on what legal options I have in this case?
Thanks
Raj
Asked 7 years ago in Criminal Law
Religion: Hindu
Can you please provide me your email ids so I can forward you the actual agreement along with the email exchanges happened till date? I still do t think that we are bound by thus agreement as the surrogacy new took place, and the contract is not signed on a stamp paper or even by a surrogate. It's just a form sign signed by me and someone in the hospital, and there is no stamp or anything on it.
Asked 7 years ago