सरोगसी : उसनं मातृत्त्व की भाडोत्री आई

Insurance for Surrogate Mother: आता 'सरोगेट मदर'ला मिळणार फूल इन्शुरन्स कव्हर!

2023-05-21T03:05:00.001-07:00

Insurance for Surrogate Mother: इन्शुरन्स रेग्युलेटरी ऑथोरिटी म्हणजेच ईर्डाने इन्शुरन्स कंपन्यांना सरोगसीसाठी स्पेशल इन्शुरन्स प्रोडक्ट तयार करण्याचे निर्देश दिले आहेत. त्यातून सरोगेट मदरच्या (Surrogate Mother) मेडिकलचा खर्च, डिलेव्हरी आणि डिलेव्हरीनंतर होणारा मेडिकलचा खर्च क्लेम करता येणार आहे.

भारतीय विमा नियामक आणि विकास प्राधिकरण (Insurance Regulatory and Development Authority of India-IRDAI) अर्थात ईर्डाने नुकतीच सरोगसी (Surrogacy) या संकल्पनेला हेल्थ इन्शुरन्स कव्हरमध्ये स्थान दिले आहे. याबाबत ईर्डाने सर्व विमा कंपन्यांना निर्देश दिले असून, विमा कंपन्यांनी आपल्या इन्शुरन्स पॉलिसीजमधून सरोगसीचा खर्च सुद्धा कव्हर करण्याच्या सूचना दिल्या आहेत.

इन्शुरन्स रेग्युलेटरी ऑथोरिटीच्या या निर्णयामुळे जे दाम्पत्य मुलासाठी सरोगसी या प्रक्रियेचा वापर करत आहेत; त्यांना दिलासा मिळाला आहे. ईर्डाच्या या निर्णयामुळे सरोगेट मदरच्या (Surrogate Mother) मेडिकलचा खर्च, डिलेव्हरी आणि डिलेव्हरीनंतर होणारा मेडिकल खर्च क्लेम करता येणार आहे.

सरोगसी म्हणजे काय?

ज्या पती-पत्नींना काही वैद्यकीय कारणांमुळे मूल होऊ शकत नाही किंवा काही कारणामुळे एखादी स्त्री तिच्या गर्भाशयात मूल वाढवू शकत नाही. अशी स्त्री तिचे मूल दुसऱ्या महिलेच्या गर्भाशयात वाढवू शकते. म्हणजेच एखादी स्त्री दुसऱ्या स्त्रीचे मूल आपल्या गर्भाशयात वाढवते. त्या महिलेला सरोगेट मदर (Surrogate Mother) म्हणतात आणि या प्रक्रियेला सरोगसी (Surrogacy) म्हणतात.

भारतात सरोगसीला कायद्याने मान्यता!

भारतात सरोगसी नियमन कायदा, 2021 (The Surrogacy, Regulation Act 2021) संसदेत पास करण्यात आला आहे. त्यानंतर 2022 मध्ये या कायद्याला अनुसरून याचे नियम देखील तयार करण्यात आले आहेत. पण सरोगसी नियमन कायद्यांतर्गत भारतात व्यावसायिक सरोगसीवर (Commercial Surrogacy) बंदी घालण्यात आली आहे.

सरोगसीला मान्यता देताना केंद्र सरकारने काही गोष्टींवर जाणीवपूर्वक बंदी आणली आहे. जसे की, व्यावसायिक हेतुसाठी सरोगसीचा वापर करता येणार नाही. तसेच ज्या जोडप्याला स्वत:चे मूल असेल ते जोडपे सरोगसीचा वापर करू शकणार नाही. तसेच परदेशात राहणारे, डबल सिटीझनशीप असणारे आणि गे-जोडपे सरोगसीचा वापर करू शकणार नाहीत.

गुजरातमधील 'आनंद' सरोगेट मदर्सची फॅक्टरी

मागील 5 ते 6 वर्षात सरोगसीमुळे भारत आंतरराष्ट्रीय पातळीवर वेगळ्या अर्थाने चर्चेत राहिला होता. काही वर्षांपूर्वी जागतिक पातळीवर भारताला सरोगसीचा कारखाना म्हटले जात होते. गुजरातमधील आनंद हे गाव दुधासाठी जितके प्रसिद्ध आहे; तितकेच ते काही वर्षांपूर्वी सरोगसी आणि सरोगेट मदरसाठी कुप्रसिद्ध होते. या गावात विदेशातून मोठ्या संख्येने स्त्री-पुरुष जोडप्यांबरोबरच गे जोडपी देखील सरोगसीच्या माध्यमातून मुलांना जन्माला घालण्यासाठी येथे येत होती. यामुळे आनंद या गावामध्ये गर्भाशय भाड्याने देणाऱ्या महिलांचा जणू काही कारखानाच उघडला गेला होता.

ईर्डाकडून सरोगसीच्या इन्शुरन्सला मान्यता

ईर्डाकडून भारतातील इन्शुरन्स कंपन्यांना सरोगसी संदर्भात इन्शुरन्स प्रोडक्ट डेव्हलप करण्याबाबत विचारणा करण्यात आली होती. कारण सध्या बरीच जोडपी विशेषत: सेलिब्रेटी हे सरोगसीचा पर्याय वापरत आहेत. तर अशा जोडप्यांना आता सरोगसी अ‍ॅक्ट, सरोगसी नियमन आणि असिस्टेड रिप्रोडक्टीव्ह टेक्नॉलॉजी अ‍ॅक्ट 2021 अंतर्गत सरोगसीचा पर्याय स्वीकारणाऱ्या जोडप्यांना सरोगेट मदरसाठी इन्शुरन्स काढण्याची सोय उपलब्ध झाली आहे.

यामुळे सरोगेट मदरच्या प्रेगन्सीच्या काळातील आणि प्रेगन्सीनंतरचा मेडिकल खर्च इन्शुरन्समध्ये ग्राह्य धरला जाणार आहे. सरोगेट मदरसाठी दिला जाणारा इन्शुरन्स हा सरोगसी कायद्याला धरून असावा, अशा सूचना ईर्डाने इन्शुरन्स कंपन्यांना दिल्या आहेत. या सूचनांना अनुसरून इन्शुरन्स कंपन्यांनी सरोगसीला धरून वेगळे प्रोडक्ट तयार करण्याची इच्छा दर्शवली आहे. जे रेग्युलर प्रेगनन्सी पॉलिसीपेक्षा वेगळे असेल.

सरोगसी नियमन विधेयक लोकसभेत संमत

2018-12-20T01:08:00.004-08:00

विवाहितांसाठीच ‘सरोगसी’
महिलांचे शोषण रोखणारे तसेच व्यावसायिक सरोगसीला मज्जाव करणारे 'सरोगसी नियमन विधेयक २०१६' बुधवारी लोकसभेत संमत झाले. कायदेशीर विवाहास किमान पाच वर्षे झालेल्या अपत्यहीन दाम्पत्याला नात्यातील महिलेच्या मदतीने मूल जन्मास घालणे शक्य होणार आहे.
महिलांचे शोषण रोखणारे तसेच व्यावसायिक सरोगसीला मज्जाव करणारे सरोगसी नियमन विधेयक २०१६' बुधवारी लोकसभेत संमत झाले. कायदेशीर विवाहास किमान पाच वर्षे झालेल्या अपत्यहीन दाम्पत्याला नात्यातील महिलेच्या मदतीने मूल जन्मास घालणे शक्य होणार आहे. मात्र, समलैंगिक संबंध असलेल्या किंवा 'लिव्ह इन रिलेशन'मधील जोडप्यांना या कायद्याचा लाभ मिळणार नाही.
'पारंपरिक कुटुंबाची व्याख्या पूर्ण करणाऱ्या दाम्पत्यालाच या विधेयकाचा लाभ मिळेल. अनिवासी भारतीयांना सरोगसीची परवानगी देतानाच, परदेशी दाम्पत्यांना मात्र मनाई करण्यात आली आहे,' असे केंद्रीय आरोग्यमंत्री जगतप्रकाश नड्डा यांनी स्पष्ट केले. पत्नीचे वय २३ ते ५० आणि पतीचे वय २६ ते ५५ दरम्यान असणे अनिवार्य असेल. दाम्पत्याच्या नात्यात असलेल्या विवाहित महिलेला एकदाच सरोगेट आई होण्याची परवानगी मिळेल.
स्त्रोत: https://maharashtratimes.indiatimes.com/india-news/ls-passes-bill-on-surrogacy/articleshow/67168577.cms

Lok Sabha passes surrogacy bill in likely boost for adoption in India

2018-12-20T00:45:00.000-08:00

The surrogacy bill bans commercial renting of wombs, allows ‘altruistic surrogacy’, and has a provision for jail term up to 10 years

Neetu Chandra Sharma

New Delhi: Adoption may get a leg-up in India following the passage of the Surrogacy (Regulation) Bill, 2016, by the Lok Sabha on Wednesday, banning commercial renting of wombs and allowing only “altruistic surrogacy”.

According to the Bill, all except legally married Indian couples who otherwise would not be able to conceive will be barred from opting for surrogacy. Besides, only a close relative can become a surrogate for “medically proven infertile” couples.

Experts claim that the stringent rules and regulations may encourage couples to turn toward adoption. “As surrogacy services were easily available, people used to hire a surrogate for having a baby, no matter if they were married, single or same sex couples,” said Ranjana Kumari, director of the Centre for Social Research.

“As commercial surrogacy will not be an option in the near future, intended single parents or couples willing to have a baby will look at adoption to fulfil the need. This may possibly boost the dismal adoption figures in India,” she said.

The draft law has a provision for a jail term of up to 10 years and a fine of ₹10 lakh for violations such as abandoning a child and choosing commercial surrogacy. “The decision is big and is in the interest of all women and children. There were reports of surrogates being harassed because of the dearth of regulation. In the Bill, altruistic surrogacy is legalized and commercial surrogacy is criminalized. We need to see with time how this will impact the adoption scenario in country, which is also a noble cause,” said Balram Bhargava, secretary, department of health research, ministry of health and family welfare.

From April 2017 to March 2018 only 3,276 children were adopted in India, according to the Central Adoption Resource Authority, ministry of women and child development.

Health minister J.P. Nadda termed the proposed legislation “historic”. “The aim of the bill was to stop commercial surrogacy but at the same time save families by allowing them to have children by using modern science. Only defined mother and family can avail of surrogacy and the same was not permitted for live-in partners or single parents,” Nadda said.

The Bill comes against the backdrop of reports of unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy and rackets around intermediaries importing human embryos and gametes were reported.

The Bill was passed in the Lok Sabha after an hour-long debate amid noisy protests by Congress and All India Anna Dravida Munnetra Kazhagam (AIADMK) members. Supriya Sule of the Congress tweeted, “Surrogacy is a moral, social and emotional issue concerning parenthood. There must not be a 5-year clause to prove infertility, when science and technology has progressed so much, why should the couple wait for that long a while to have a child through surrogacy?” “Bill must mould itself in a more modern shape by considering cases of potential single parents, widows, same sex couples who want to have children as well, especially after recent progressive judgments,” she said.

Source : https://www.livemint.com/Politics/hARv5G5wm1Fo2QQqQ43I3J/Lok-Sabha-passes-surrogacy-bill-in-likely-boost-for-adoption.html

For detail bill : http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/257_LS_2016_Eng.pdf

सरोगसी नियमन विधेयकाला केंद्रीय मंत्रिमंडळाची मंजुरी

2016-08-27T07:54:00.000-07:00

नवी दिल्ली : सरोगसी नियमन विधेयकाला केंद्रीय मंत्रिमंडळानं मंजुरी दिली आहे.

सरोगसी विधेयकामुळे आता भाडोत्री मातृत्वाच्या बाजारपेठेला आळा बसेल असं मत परराष्ट्र मंत्री सुषमा स्वराज यांनी व्यक्त केले.

भारतात 2002 मध्ये सरोगसीला मान्यता देण्यात आली. पण, त्यानंतर भारत म्हणे सरोगसीची बाजारपेठ बनली.

अनेक अनैतिक गोष्टी समोर आल्या. त्यामुळेच या सरोगसी नियमन विधेयकाला मंजुरी देण्यात आली.

आता सरोगसीचा हक्क फक्त भारतीय नागरिकांनाच असेल. तसेच परदेशी नागरिकांना, अनिवासी भारतीय, विदेशातील भारतीय वंशाच्या व्यक्ती आता भाडोत्री मातृत्वाची सवलत घेता येणार नाही.

Cabinet approves introduction of the "Surrogacy (Regulation) Bill, 2016"

2016-08-27T07:46:00.001-07:00

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for introduction of the "Surrogacy (Regulation) Bill, 2016".

The Bill will regulate surrogacy in India by establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in the State and Union Territories. The legislation will ensure effective regulation of surrogacy, prohibit commercial surrogacy and allow ethical surrogacy to the needy infertile couples.

All infertile Indian married couple who want to avail ethical surrogacy will be benefited. Further the rights of surrogate mother and children born out of surrogacy will be protected. The Bill shall apply to whole of India, except the state of Jammu and Kashmir.

The major benefits of the Act would be that it will regulate the surrogacy services in the country. While commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes, ethical surrogacy to the needy infertile couples will be allowed on fulfilment of certain conditions and for specific purposes. As such, it will control the unethical practices in surrogacy, prevent commercialization of surrogacy and will prohibit potential exploitation of surrogate mothers and children born through surrogacy.

No permanent structure is proposed to be created in the Draft Bill. Neither there are proposals for creating new posts. The proposed legislation, while covering an important area is framed in such a manner that it ensures effective regulation but does not add much vertically to the current regulatory structure already in place at the central as well as states. Accordingly, there will not be any financial implications except for the meetings of the National and State surrogacy Boards and Appropriate Authorities which will be met out of the regular budget of Central and State governments.

Background:

India has emerged as a surrogacy hub for couples from different countries and there have been reported incidents concerning unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy and rackets of intermediaries importing human embryos and gametes. Widespread condemnation of commercial surrogacy prevalent in India has also been regularly published in different print-and electronic media since last few years highlighting the need to prohibit commercial surrogacy and allow ethical altruistic surrogacy. The 228th report of the Law Commission of India has also recommended for prohibiting commercial surrogacy and allowing ethical altruistic surrogacy to the needy Indian citizens by enacting a suitable legislation.

Coup bans surrogacy for foreigners in Thailand

2015-02-20T02:07:00.001-08:00

Bangkok (Indian Express) : Thailand’s military-picked legislature has passed a law that criminalizes commercial surrogacy and prohibits foreigners from seeking surrogacy services in the kingdom after a string of scandals last year.

Lawmaker Wanlop Tangkananurak said Friday that the law aims to stop Thailand from being a commercial surrogacy hub for foreign couples or “the wombs of the world.”

Thailand was rocked by several surrogacy scandals last year. One involved an Australian couple who but left behind a twin baby who had Down’s syndrome. The other case involved a Japanese man who fathered at least 16 babies via Thai surrogates.

The parliament voted to pass the law Thursday. Under the new law, anyone involved in hiring women commercially to carry fetuses to term will face a maximum jail term of 10 years.

PARSIS CONSIDER SURROGACY TO BOOST POPULATION

2015-02-20T02:03:00.001-08:00

Mumbai (By Jyoti Shelar, Mumbai Mirror) : Ultra orthodox in the community are debating if scriptures allow renting of a non-Parsi womb.

Parsis are considering the option of surrogacy under the government funded Jiyo Parsi scheme to boost the community's dwindling population. While a high priest who was consulted on the idea has given a conditional nod stating that the egg and the sperm has to be of the Parsi couple, the ultra orthodox in the community are debating over the rightness of renting a womb.
Under the Jiyo Parsi scheme, central government has offered funding of Rs 10 crores for a span of four years for Parsi couples to undergo infertility treatment like Invitro Fertilisation (IVF) and Artificial Insemination (AI). If all goes well, the scheme will soon fund surrogacy costs of up to Rs 5 lakh per couple. "The matter is under examination by the law ministry and the Indian Council of Medical Research. I would not like to comment further on this," said Dr Shernaz Cama, director of Parzor, a project to preserve Parsi Zoroastrian heritage that implements the 'Jiyo Parsi' scheme on behalf of the centre. Last week, Cama and Bombay Parsi Punchayet chairman Dinshaw Mehta met Arvind Mayaram, secretary, Ministry of Minority Affairs to discuss the practicalities of funding surrogacy under the scheme. "To start with, a law officer was called to clarify if surrogacy is legal. It turns out that there are no laws to govern surrogacy yet but it is not illegal in the country. We are just waiting for the law officer to give us in writing that there is no law against surrogacy," said Mehta adding that the minister has said that surrogacy procedure will be funded for up to Rs 5 lakhs and the extra expenditure will have to be borne by the couple or they can approach some trusts for help.

According to Mehta, high priest Khurshed Dastur was consulted and he had given a nod too. "Surrogacy is fairly new and we don't have any religious texts on this topic. I don't see any problem as far as the sperm and the egg belongs to the Parsi couple seeking help for having children," Dastur told Mumbai Mirror adding that the matter was discussed briefly. "There are several factors that come along with surrogacy and they should be discussed at length," he added.

A community member who did not wish to be named said that there are several people who will not be comfortable with the idea of renting a womb of a non-Parsi. "The best way to implement this would be to have a mandate that everything should be Parsi. The egg, the sperm and the womb too," said the member adding that several poor Parsi women in rural parts of Gujarat would be monetarily benefited by such an initiative.

A priest from Mumbai, Ervad Marzban Hathiram, who is known for his orthodox views, is completely against the idea of surrogacy. "Our religious scriptures talk about development of foetus in the mother's womb and it talks about the process of nurturing the foetus by the mother. Is it not against the religion if the foetus is in somebody else's womb?" said Hathiram adding that the nourishment to the foetus is derived from the mother and thus the womb matters a lot. Hathiram said that act of procreation is a holy act and it shouldn't be brought down to petri dishes and rented wombs. "I would be against this even if the egg, sperm and the womb is of a Parsi," he added.

IVF expert Dr Anahita Pundole who is attached to Jiyo Parsi said that a surrogate is simply a carrier for the baby. "If approved, surrogacy is a good idea," she said.

Surrogate Mothers Entitled to Maternity Leave, Benefits: HC

2015-02-06T04:48:00.000-08:00

KOCHI: Expressing concern over lack of rules and regulations on surrogacy, the Kerala High Court on Tuesday observed that there should not be any discrimination towards women who adopt the method while granting maternity leave and other benefits.
The court also observed that even in the absence of statutory framework, surrogacy in India is not illegal.
Justice Dama Seshadri Naidu issued the directive on a petition filed by Geetha, Deputy General Manager, Kerala Livestock Development Board, challenging her employer’s decision to decline her maternity leave to look after a baby obtained through surrogacy.
The Board rejected her request on the ground that the Board’s regulations did not allow providing leave to a woman employee who got a baby through surrogacy.
Counsel for the petitioner Thushara James submitted that maternity, either through biological process or through surrogacy, is the same for all the intended benefits. Motherhood does not end with a delivery of a baby, but continues, with more vigour, through the process of child-rearing, which is an equally difficult task. The court said the petitioner was entitled to all post-delivery benefits sans the leave for improving the health of the mother after delivery.
Child specific statutory benefits, if any, could be extended to the petitioner. She is eligible for two breaks of the prescribed duration for nursing the child until the child attains the age of 15 months.
The petitioner also contended that motherhood was an integral part of womanhood and with the advanced assisted reproduction techniques in place, one could not cling to the traditional meaning of maternity.
Sumathi Dandapani, counsel for the Board, submitted that the petitioner went on leave with an excuse that she has to take care of a newborn.

For Detail Judgement : Kerala High Court Judgement

Ref:http://www.newindianexpress.com/states/kerala/Surrogate-Mothers-Entitled-to-Maternity-Leave-Benefits-HC/2015/01/07/article2607030.ece

Maha becomes 1st state to draft surrogacy guidelines

2014-09-30T06:30:00.002-07:00

Mumbai (By Jyoti Shelar/ Mumbai Mirror) : In a first, Maharashtra has got its own set of guidelines to regulate surrogacy in the state. A twomember team comprising top gynaecologists, appointed by the Maharashtra Medical Council (MMC), has formulated state-specific surrogacy guidelines and the draft was submitted to the council for scrutiny last week.

The team comprises eminent gynaecologist Dr Sanjay Gupte from Pune and gynaecologist Dr Bipin Pandit from Mumbai. The decision to form the guidelines was triggered in April, after the Foreign Regional Registration Office (FRRO) pulled up city's top three surrogacy clinics for flouting visa norms related to couples seeking surrogacy.

MMC has also planned to appoint a state-level committee as a watchdog and convert these guidelines into regulations so that action can be initiated against those flouting the norms.

"The guidelines cover all stakeholders in the process of surrogacy- mainly the surrogate, the couple commissioning the procedure and the doctor," said MMC president Dr Kishore Taori, adding that the draft has been passed, barring a few minor changes.

Surrogacy has continued to be in a grey zone with only a set of Indian Council of Medical Research (ICMR) guidelines formulated in 2005. The Surrogacy Bill is in its final stages but pending in the parliament. Most doctors do not follow the ICMR guidelines properly due to absence of a watchdog.

Therefore, Dr Gupte and Dr Pandit have called for a watchdog committee, consisting of two MMC members, two representatives from the Assisted Reproductive Technology (ART) centres, arepresentative from the ART bank and arepresentative from an NGO.

"Besides, the couple commissioning the surrogacy should be married for at least two years, should have an authorisation from a doctor confirming fertility issues and a letter from the embassy stating that the baby will get a passport. The couple should be in the country on a medical visa," the guidelines stated.

According to Dr Pandit, surrogates mostly come from a poor background and their exploitation is common. The new set of guidelines states that a surrogate cannot rent her womb for more than three times, has to be between 21-45 years of age and the responsibility to certify that her womb is capable of child bearing rests on the ART centre. The guidelines also allow a relative of the couple to be a surrogate and make it mandatory for the couple to appoint a local guardian to take care of the surrogate.

IN FIGURES

♦ Mumbai has maximum number of surrogacy clinics in the country

♦ Couples from English-speaking countries such as the US, UK and Australia, form the largest chunk of the clientele.

♦ A couple has to shell anywhere between Rs 12-15 lakh for the procedure

♦ Well-known clinics in Mumbai take more than 100 surrogacy cases per year

Need for legal framework to regulate surrogacy: CSR

2014-08-21T23:13:00.001-07:00

New Delhi (Business Standard) : There is an urgent need for a rights-based legal framework to regulate surrogacy in India, an organisation working for social causes said Thursday.
"The unregulated reproductive tourism industry of 'procreating' through surrogacy is rapidly increasing in India while there is still no legal provision to safeguard the interests of all the major stakeholders involved in the surrogacy arrangement," the Centre for Social Research (CSR) said.
According to a study conducted by CSR in 2011-12, it was revealed that though the Assisted Reproductive Technology (ART) Regulation Bill, 2010 did bring forth certain important points for the legal framework to be based on, it left out many crucial issues relating to surrogacy arrangements, a release by CSR said.
"There are many issues besides sex selection and exploitation of the poor surrogate mothers. There are countries that do not allow surrogacy. What would the nationality of the child be when the intended parents are from that country? About 48 percent couples opting for surrogacy are foreigners," said CSR director Ranjana Kumari.
The 'rent-a-womb' procedure has thrown up a major debate on whether it should be banned like a majority of countries have done or should there be a law to regulate it.
"There have been cases when many countries refused to give citizenship to children who were born through surrogate mothers in India. We need to have a proper legal framework to decide on the rights of the child, surrogate mother and the couple who becomes the custodian of the new born," Ranjana Kumari added.
Slowly but steadily, India is emerging as a popular destination for surrogacy arrangements for many rich foreigners.
Cheap medical facilities, advanced reproductive technological know-how, coupled with poor socio-economic conditions, and a lack of regulatory laws in India in this regard combine to make India an attractive option, she said.

Delhi now ‘surrogacy capital’ of India

2014-07-27T23:23:00.000-07:00

New Delhi (Sanjay Kaw/The Asian Age) : Delhi is fast emerging as a major hub for surrogacy in the country. An in-depth study conducted by the Centre for Social Research has indicated that about 50 clinics in the city are carrying out surrogacy procedures here. Estimates show that each clinic delivers about 250 children through surrogate mothers every year.
“What was once limited to a few cities in the country has spread all over the national capital,” CSR director Ranjana Kumari told this newspaper. “There is no proper law to regulate the billion dollar rent-a-womb industry in the country.”
Dr Kumari said that so far about 40,000 to 45,000 children are reported to have been born through surrogacy in the entire country. A study conducted by the CSR in Anand, Surat and Jamnagar showed that a majority of surrogate mothers belonged to economically-weaker families. The average monthly income of these women was found between Rs 1,000 and Rs 2,000. Most of these women belonged to Jharkhand, Orissa, Bihar and slums of Mumbai.
The study found that surrogacy was being followed in large numbers in several cities, including Bengaluru, Mumbai and Indore. CSR’s head of research and knowledge management department, Dr Manasi Mishra, said rent-a-womb has become a major industry in the state of Gujarat. “Though the couple who wants to have a baby though surrogate mothers end up paying anything between Rs 200,000 and Rs 500,000 to agents, the woman delivers the baby gets only Rs 75,000 to Rs 100,000 and that too at the cost of risking her life during her pregnancy.”
The study revealed that a majority of the surrogate mothers are approached directly by the agents, who do not even provide them with a copy of the surrogacy contract. “Only 1.7 per cent women in Anand and 2.9 per cent in Surat had a copy of the surrogacy contact,” Dr Kumari said.
The “rent-a-womb” procedure has thrown up a major debate whether it should be banned like a majority of the countries have done or should there be a law to regulate it. “Generally, during pregnancy we give importance to women. But when it comes to surrogacy, the child is the focus of the clinics, agents and the would-be-parents,” Dr Mishra said.
A large number of social activists, legislators and government officials are expected to deliberate upon various issues concerning surrogacy motherhood during a two-day conference in September in the national capital. “There have been cases when many countries refused to give citizenship to children who were born through surrogate mothers in India. We need to have a proper legal framework to decide on the rights of the child, surrogate mother and the couple who becomes the custodian of the new born.”
Dr Kumari pointed out the medical centres, who deal in surrogacy procedures, also need to be held accountable in case there is any complication. “Generally only those women who have given birth to two children can go for surrogacy. And once they deliver surrogate baby, the agents force them to go for another similar procedure.”
Quoting the study, Dr Kumari said the average cost of the surrogacy works out about $10,000 to $30,000, which includes the remuneration of the surrogate mothers, IVF costs, food and consumables, fee of lawyers and doctors, delivery cost and antenatal care. “There are many occasions when the surrogate mothers have delivered twins or triplets. But even then they are paid the same amount as they are promised for one baby. And in case of any complication, the pregnancy is terminated without taking her consent,” she added.

Ref:http://www.asianage.com/delhi/delhi-now-surrogacy-capital-india-678

The Karnataka Legislative Committee urges to govt to regulate surrogacy

2014-07-27T23:19:00.000-07:00

BANGALORE : The Karnataka Legislative Committee asked the government to formulate a law to protect the socio-economic interests of surrogate mothers and to save them from exploitation. It observed that there is an increase in advertisements from hospitals and illegal clinics which cater to the needs of childless couples and urged the government to set up an accreditation authority to regulate the assisted reproductive services offered by private medical institutions.
The committee said there is no legislation in force in the country to protect surrogate mothers. Pointing out that there is a huge demand from abroad for Indian surrogate mothers as surrogacy is a costly and complicated affair in foreign countries, the committee said India may become a medical tourism destination in future.
Surrogacy has turned into a business and is being controlled by touts, the committee observed and said Health and Family Welfare Department should ensure that poor women offering themselves as surrogate mothers are not exploited.

Top surrogacy clinics under MMC scanner

2014-04-29T01:20:00.000-07:00

Mumbai (Jyoti Shelar/ Mumbai Mirror) : Police commissioner names Bandra's Rotunda, Andheri's Corion, and Lilavati's surrogacy clinic in his letter to the Maharashtra Medical Council.
Three of the city's top surrogacy clinics are under the scanner after Police Commissioner Rakesh Maria recently raised a red flag over possible visa norms violations by them.

The Maharashtra Medical Council has now constituted a two-member committee to look into surrogacy practices of Bandra's Rotunda Fertility Clinic, Andheri's Corion Fertility Clinic, and the surrogacy clinic at the Lilavati Hospital in Bandra. The committee comprises gynaecologist Dr Sanjay Gupte from Pune and senior gynaecologist Dr Bipin Pandit of Mumbai.

Sources said that the Foreigners Regional Registration Office -- which regulates the registration, movement, and stay of foreign nationals - had detected abuse of visa norms by the three clinics. One of the main discrepancies observed was that people travelling on tourist visas were being allowed to undergo surrogacy procedures.
MMC president Dr Kishore Taori confirmed the constitution of the inquiry committee and also the fact that the trigger was the letter received from Maria's office. Dr Taori said the committee has also been given the additional responsibility of framing guidelines for surrogacy clinics. The committee has a fortnight to submit its report. "Right now, the reputation of the country is such that anyone can land here and go for surrogacy by paying and without following any norms. We want that to change," Taori said, adding that all the three clinics have been asked to put forward their case before the inquiry committee.

Surrogacy remains a gray area due to lack of proper laws. Currently, only a set of Indian Council of Medical Research guidelines, formulated in 2005, are followed by the doctors. But experts in the field accept that not all doctors follow the guidelines to the core. A surrogacy bill has been pending in Parliament for many years now.

The death of an underage surrogate had recently led to the Maharashtra Medical Council issuing a show-cause notice to surrogacy specialist Dr Gautam Allahbadia. The minor, who died in August 2010, had donated her eggs at Allahbadia's Rotunda Fertility Clinic on three occasions.

In December 2012, the Union Home Ministry issued a notification tightening visa norms for foreigners seeking surrogacy in India. The notification stated that gay couples and single parents will not be allowed to undergo surrogacy procedures in India. Also, heterosexual couples have to be married for two or more years to be eligible to commission surrogacy in India. The notification also made it mandatory for these couples to visit India only on a medical visa and not on a tourist visa. The couples also require medical documents proving that they are unable to bear children normally.

The letter from Maria's office highlighted a Lilavati Hospital case where two couples visiting on a tourist visa had commissioned surrogacy.

While the embryo transfers in the surrogates were carried out at the Lilavati Hospital, both the surrogacies were coordinated by an agency called Surrogacy India. Dr Sudhir Ajja, founder of the agency said, "There seems to be some confusion as both the surrogacies were commissioned before the December 2012 notification. The FRRO had also asked us to give a list of names of surrogacies that we have already commissioned for exemption," said Ajja, adding that the agency has already responded to the MMC.

The two other clinics under the scanner -- Rotunda and Corion -- carry out the entire surrogacy process on their own and do not coordinate with third-party agencies like Surrogacy India.

Advocate Amit Karkhanis, who specialises in surrogacy laws, said that third-party agencies need to be regulated more. "In cases where surrogacy agencies are involved, doctors mostly have a limited role of transferring the embryo into the surrogate. It is the job of the agency to ensure that the contract is in place, the surrogate is being compensated, and the couple is following all rules," he said.

According to the Indian Society for Assisted Reproduction, there were an approximate 600 surrogacy cycles in 2009. The number went up to 1000 in 2010. Mumbai has a large number of clinics carrying out surrogacy procedures and couples from English-speaking countries like the USA, the UK and Australia form the largest clientele. A couple shells out anywhere between Rs 12-15 lakh for the entire process of surrogacy, including the charges of the surrogate mother. Well-known clinics in Mumbai do about 100 surrogacy cases in a year.
Ref:http://www.mumbaimirror.com/mumbai/cover-story/Top-surrogacy-clinics-under-MMC-scanner/articleshow/34343859.cms

Surrogacy Bill set to be finalised

2014-04-13T22:42:00.000-07:00

New Delhi (TEENA THACKER |Deccan Chronicle) : Aimed at regulating surrogacy in India, the Assisted Reproductive Technology (regulation) Bill is all set to be finalised soon. The Union health ministry will hold a two-day consultation with all the stakeholders, including the Planning Commission this week.
The Planning Commission has so far been apprehensive about the proposed draft of the Bill finalised by the health ministry. Officials in the health ministry are aiming now to finalise the draft Bill so that it can be introduced in the Parliament without any further delay.
The Bill was first drafted five years ago. While the health ministry was considering to approach the law ministry for amending the draft, the Planning Commission raised objections over the proposed bill and asked the ministry to consult them before the final draft is sent to the law ministry.
“The ART Bill that aims to regulate surrogacy in the country has been delayed since 2008 when the first draft was prepared. It was revised in 2010 but is yet to get a final approval from the law ministry,” an official said.
It is, however, learnt that the new draft may allow surrogacy to all including unmarried couples and those in live-in relationships.
Ref: http://www.deccanchronicle.com/140414/nation-current-affairs/article/assisted-reproductive-technology-bill-set-be-finalised

Maharashtra Medical Council forms panel to regularise surrogacy

2014-04-07T06:26:00.000-07:00

Mumbai : (DNA/ Santosh Andhale and Somita Pal) : In a first in India, the Maharashtra Medical Council (MMC) has decided to formulate rules and regulations on surrogacy and has formed a committee for the same. The step was taken after the Mumbai police commissioner wrote a complaint letter to the MMC alleging malpractice on part of city's three leading infertility experts, who are from the surrogacy sector.
MMC is a statutory body that has the power to suspend a doctor's licence if s/he is found guilty of malpractice.
Currently, the surrogacy treatment is unchecked, unsupervised and not regularised. According to sources, there are around 70-80 IVF (in-vitro fertilisation) centres in Mumbai and 200 in the state, with the numbers rising over the past few months. The cost of the treatment runs into lakhs.
The letter, which was written to MMC last month, requested the body to look into the doctors' alleged malpractices. The issue was discussed in a meeting of the ethical committee on Saturday. In the absence of any clear regulations on surrogacy, committee members felt the need to introduce the same to keep a watch on it.
MMC member Dr Shivkumar Utture said, "We discussed the letter and how the surrogacy sector is unregulated. We will investigate the allegations in the letter, but, in the meantime, we have formed a committee, which will formulate rules and regulations for surrogacy that will be applicable for Maharashtra."
Keeping a watch on surrogacy has been a long-pending demand of health activists. There have been cases wherein the surrogate mother was exploited by doctors for money. Dr.Satish Pawar, director of health services in Maharashtra, said, "There are many things in surrogacy that need to be looked into. Exploitation of the surrogate mother is the biggest problem. The state too has its own committee looking into the surrogacy rules and regulations."
The Indian Council of Medical Research, which drafted the Assisted Reproductive Technology (Regulation) Bill and Rules in 2008, says it's unfortunate that the proposed law is still pending in Parliament.
Presently, the surrogacy sector in India is said to be around Rs900 crore, which, according to industry experts, is growing at 20% every year. Each birth costs as much as Rs12 lakh, out of which the surrogate mother gets only Rs3.5-4 lakh, apart from Rs5,000 a month for her food and nutrition supplements.
Indian Medical Association secretary Dr Jayesh Lele said, "The state health department had appointed an eight-member expert committee to formulate rules and regulation on IVF treatment six months ago. After our meeting, we filed a report and submitted it to the government. For such kind of treatment, there need to be rules in place."

No visa needed for OCIs & PIOs coming for surrogacy

2014-03-10T02:19:00.000-07:00

New Delhi (The Hindu) : Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs) can fly to the country without a medical visa for commissioning surrogacy. Foreigners will, however, have to continue obtaining a visa.

A Home Ministry order says a couple with an OCI or PIO card, married for at least two years, would have to take permission only from the Foreigners’ Regional Registration Office (FRRO) or the Foreigners’ Registration Office (FRO). They must, however, carry a letter from their country, issued by the Foreign Ministry or the Embassy here, saying it recognised surrogacy and that the child born thus would be permitted entry as the couple’s biological offspring.

The couple should furnish an undertaking that they would take care of the child. Treatment should be done only at registered assisted reproductive technology clinics recognised by the Indian Council of Medical Research. The couple will have to produce a notarised agreement between them and the prospective surrogate mother.

Before granting the child exit, the FRRO/FRO will confirm that the couple had taken the required permission and certificates for commissioning surrogacy, and liabilities due to the surrogate mother have been settled. The office will retain a copy of the birth certificate.

The wife of a foreign national or an OCI/PIO cardholder who is not involved in the treatment may not require a specific medical visa.

The OCI card is issued to foreign nationals who were eligible to become citizens of India on January 26, 1950, or were Indian citizens on or after that date with eligibility based on lineage. The PIO card is issued to a person of Indian origin who is a citizen of any country other than Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China or Nepal or who has held an Indian passport at any time or is the spouse of an Indian citizen or a Person of Indian Origin.

Banglore : Head of surrogacy clinic held for 'cheating'

2014-01-23T22:08:00.001-08:00

Bangalore (Deccan Herald) : The founder of a hi-tech surrogacy clinic in Basaveshwarnagar has been arrested and sent to jail on the charge of “cheating” more than 30 people who alleged that he failed to keep his promise to help them get babies through surrogacy and egg donation.

K T Gurumurthy, the founder and managing director of Shrushti Global Medicare and Research Foundation, was arrested by Kamakshipalya police after more than 30 people made a complaint of cheating against him.

The complainants alleged that Gurumurthy had pocketed lakhs of rupees from them, promising to help them get babies through surrogacy and egg donation, police said. Gurumurthy was produced before the 5th ACMM court which remanded him in judicial custody till January 27, said DCP (West) Labhu Ram. He added that police would investigate whether the foundation had obtained the necessary permission to conduct the surrogacy procedures and how Gurumurthy “cheated” innocent people.

The foundation, on its website (http://www.shrushtifertility.com/home.html), has stated that it is the “one and only hi-tech surrogate centre in South India offering comprehensive, value-based assisted reproductive technology programmes for clients across the world since 1999.”

A 29-member team runs the foundation. “We ensure that egg donation and the surrogacy arrangements through us are managed by an attorney, doctors and psychologists. This team assists in providing prompt, personal service to help make the right decision regarding your egg donors, surrogates or intended parents,” says an introduction on the website.

Bill stuck, no check on surrogacy business

2013-12-26T22:12:00.000-08:00

New Delhi (Indian Express/Abantika Ghosh) : Earlier this month, a 28-year-old woman in Madhya Pradesh's Satna gave birth to 10 still-born babies. While multiple pregnancies are not unusual, pregnancies with three or more babies are almost always associated with assisted reproductions. In July, an NGO released findings of a survey that exposed largescale exploitation of surrogate mothers by forcing them to stay away from families in shelter homes, handing them Rs 3-4 lakh for a pregnancy that is actually creating business worth 10 times that amount. Several cities of Gujarat, including Ahmedabad and Anand, have become surrogacy hubs of India.

Lack of coherent guidelines on assisted reproductive techniques and surrogacy have over the years caused suffering and cost several lives, yet a legislation that was to have brought some method to the madness continues to hang fire over, among other things, moral debates about the sexual orientation of parents and their marital status.
Yet another Parliament session has passed by and the Assisted Reproductive Techniques (ART) Bill 2010 — in the drafting stage for three years now and in the pipleine for a decade — is not even ready to go to the cabinet.
The ART Bill lays down guidelines for assisted pregnancies and management of gamete banks, delinking ART clinics from the banks which provide sperm and ovum for a couple in need of either. It sets minimum standards for ART clinics and also lays down the maximum number of times a woman may become a surrogate mother or a man can donate sperms.
While the former is aimed at protecting the health of a woman and to save her from possible exploitation, the latter is a safeguard against diseases that often result in populations that have rampant consanguinity.
A recent survey on surrogacy by a Delhi-based NGO claims that foreigners form 40 per cent of the clientele. Ballpark estimations suggest approximately 2,000 babies are born every year in India through commercial surrogacy. Figures from the Confederation of Indian Industries (CII) claim that surrogacy is a $2.3 billion industry in India.
"We had circulated the draft Bill and have received comments from all ministries. The secretary, health research, will soon chair a meeting to finalise the changes in the Bill taking into account the suggestions and comments of the various ministries. We have not taken a call on any of them so far but we are hoping that the cabinet note will be ready to be sent to the Law Ministry within a month's time," said a senior Health Ministry official dealing with the Bill.
Home Ministry's resistance to allow gay couples from abroad to avail ART services here has been a matter of contention for long and ICMR had astutely left the matter to the Supreme Court's call on the plea for reading down Section 377 IPC to exclude consensual gay relations. With the apex court's negative verdict on the matter, sources say gates are likely to remain closed for homosexual couples whether from India or abroad till the court revises its decision.
"Our take is clear. Any relationship that is legal in the country, marriage, live-in, homosexual whatever be it, such a couple can avail the services, even individuals can. However, after the verdict, homosexual relationships are clearly not legal so a gay couple cannot have a baby through ART/surrogacy," said an official.
The Women and Child Development Ministry in its comments has been critical of the Bill for being more in the interest of private providers and commissioning couples than surrogate mothers and found the provision that only married couples can opt for ART "too narrow". The Bill has also run afoul of the Planning Commission which is unhappy that views of NGOs working in the field for years have not been incorporated.

सरोगसी म्हणजे मातृत्वाचाच छळ : राणी बंग

2013-11-18T22:18:00.000-08:00

औरंगाबाद (दिव्य मराठी/प्रवीण ब्रह्मपूरकर) :

सरोगसीच्या माध्यमातून मातृत्वाच्या गर्भाशयाचा बाजार मांडला जात आहे. घर भाड्याने द्यावे, तसे गर्भाशय भाड्याने देऊन तीन ते चार वेळा मुलांना जन्म देण्याचा प्रकार म्हणजे मातृत्वाचाच छळ असल्याचे सडेतोड मत सामाजिक कार्यकर्त्या डॉ. राणी बंग यांनी व्यक्त केले.

सामाजिक कार्यकर्त्या डॉ. राणी बंग

एमआयटी महाविद्यालयात आयोजित कार्यक्रमासाठी आल्या असताना त्यांनी सामाजिक विषयांवर ‘दिव्य मराठी’शी चर्चा केली. त्या म्हणाल्या, शाहरुख खानसारख्या अभिनेत्याने दोन मुले असतानाही सरोगसीतून मातृत्व भाड्याने घेतल्यामुळे चुकीचा संदेश गेला. मुंबई, दिल्लीसारख्या शहरांत सरोगसीचा बाजार सुरू आहे. भारतात त्यासाठी कुठलाही कायदा नाही केवळ गाइडलाइन आहेत. मात्र, त्या पाळल्या जातात की नाही याची यंत्रणा नाही. त्यामुळे चार-चार वेळा गर्भाशय भाड्याने घेऊन गर्भाशयाचा किळसवाणा बाजार मांडला जात असल्याची टीका त्यांनी केली. सरोगसीपेक्षा मुले दत्तक घेण्याचा पर्याय चांगला असून फक्त दत्तक प्रकिया सुलभ करण्याची गरज त्यांनी व्यक्त केली.

वयात येणार्‍या मुला-मुलींना त्यांच्या प्रश्नांची उत्तरे मिळत नाहीत. त्यामुळे इंटरनेट, ब्ल्यू फिल्मच्या माध्यमातून चुकीचे लैंगिक शिक्षण त्यांना मिळत आहे. परिणामी, अल्पवयीन मुली माता बनण्याचे प्रकार वाढत आहेत. वयात येतानाच्या समस्या, स्वप्नदोष, मुलींचे प्रश्न यावर चर्चाही घरात होत नाही. त्यामुळे लैंगिक शिक्षण देण्याची गरज आहे. त्यासाठी पालकांची शिबिरे व्हावीत. सामाजिक संस्थांच्या माध्यमातून हे शिक्षण देण्याची आवश्यकता आहे. चित्रपटांमध्ये दारू, सिगारेटला प्रतिष्ठा दिली जात असून ही बाब चुकीची असल्याचे मत व्यक्त करत बंग म्हणाल्या, गडचिरोलीसारख्या भागात दारूबंदी आहे. तेथे दारूचे प्रमाण कमी झाले आहे. मात्र, जी काही थोडीफार दारू विक्री होते ती सरकार आणि प्रशासनाच्या अनास्थेमुळे होत आहे.

फेसबुकमुळे कनेक्टिव्हिटी हरवली
फेसबुकमुळे सध्या कनेक्टिव्हिटी हरवत चालली आहे. प्रत्येकाला त्याचे व्यसन लागल्यासारखी स्थिती आहे. फेसबुकवर युवा पिढी वेळ वाया घालवत आहे. फेसबुकपेक्षा ‘फेस द वर्ल्ड’ असा संदेश त्यांनी दिला. आज एकत्रित कुटुंबसंस्थेचा अस्त होत चालल्यामुळे त्याचे सामाजिक परिणाम जाणवत आहेत. तरुणांमध्ये घटस्फोट घेण्याचे प्रमाण वाढले आहे. तडजोड करण्यापेक्षा विवाह मोडीत काढण्याचे प्रकार वाढत असल्याचे बंग म्हणाल्या.

Court rejects plea to choose sex of kids through surrogacy

2013-11-04T20:36:00.000-08:00

New Delhi (Soibam Rocky Singh / Hindustan Times) : The Delhi High Court has turned down the appeal of an Australian couple to have sex selective surrogacy in India and said it cannot make exception to the law to accommodate the “desire” of a foreigner to have a “balanced family” comprising a male and a female child.
A division bench of Chief Justice NV Ramana and Justice Manmohan clarified that rules of the Pre-Conception and Pre-Natal Diagnostic Techniques Act (Prohibition of Sex Selection) (PCPNDT) Act, 1994, which prohibits child sex determination, applies to both Indian and foreign nationals seeking to conceive a child in the country through surrogacy.

An Australian couple was seeking the court’s direction to the Delhi family welfare department to issue them a no-objection certificate so that they can conceive two children of different sex through surrogacy.
The couple, who cannot have any biological children of their own, had opted for gestational surrogacy — a procedure by which a surrogate mother carries a fertilized donor egg or embryo till the baby is born.
While gestational surrogacy is legally available in only three countries — India, Thailand and the US — the couple came with a request to have children of both sexes using the pre-natal diagnostic techniques to “balance their family”.
Seeking exemption from the PCPNDT Act, the couple had contended that they cannot be treated on a par with those who choose the sex of foetus in order to have a male child. The couple had contended that they belong to an ‘exceptional category’.
The family welfare department, however, rejected their plea, saying that the Act did not permit sex selection on the pretext of family balancing. The department had remarked that any relaxation would be detrimental of the government’s endeavour to reverse the trend of the declining female child sex ratio.
Concurring with the department’s order, the court declined to accept the couple’s plea, saying the integral purposes of the law was to prevent misuse of pre-natal diagnosis for sex determination.
While renting of womb is legal in India, there is no law to regulate surrogacy as the draft Assisted Reproductive Technology (Regulation) Bill, which aims at bringing in a national framework for the accreditation, regulation and supervision of process of surrogacy, has not been tabled in the Parliament.
This despite a 2009 Law Commission report that had described the surrogacy industry as “a Rs. 25,000-crore pot of gold.”

Surrogacy on the rise in North India

2013-11-04T20:33:00.004-08:00

New Delhi (Ashok Kumar/the Hindu) : Sunita (30) is expecting twins in a week’s time. But they are not hers. Sunita is a surrogate mother for a childless aged couple. An illiterate woman earning a meagre Rs.100-Rs.150 per day at a garments factory in neighbouring Gurgaon, Sunita came to know about surrogacy through a ration shop owner in her locality and readily agreed to bear a child in return for money.


Anand in Gujarat has emerged as the surrogacy hub of India. This file photo is carried for illustration purpose only.

“Both of us [Sunita and her husband] worked all day to earn Rs.10,000-Rs.15,000 per month and lived hand-to-mouth. We did not have enough to provide good education to our two children. Here, they offered me Rs.2.5 lakh in return for bearing a child and to take care of all my expenses till delivery. I could have never made this much money in such a short span of time. I have borne [delivery] pain for my children…. now I can bear it again for their better future,” said Sunita, one of the dozen surrogate mothers at Gurgaon’s first surrogacy home being run by Vansh Health Care.

India has emerged as the main surrogacy destination since it legalised commercial surrogacy in 2002. And it is primarily for two reasons. One, surrogacy in India is low cost. The complete package costs just one-third of the total procedure cost in the United Kingdom and other developed countries. Secondly, the legal environment here is favourable. In fact, there is no law as such to govern surrogacy in India with the Artificial Reproductive Technique (ART) Bill, 2008, still pending with Parliament.

It is no surprise then that surrogate mothers, who usually come from the lower strata of society, are exploited by being lured to carry out repeated pregnancies or forced to deliver through Caesarean section. Sometimes, they are not paid their due.

Also, there are instances when a childless couple and the child born through surrogacy get caught in legal tangles. The 2008 Baby Manji Yamada case, where the Japanese Embassy refused to issue a passport to the newborn, is one such example that earned a lot of media attention.

But with the Indian Council of Medial Research (ICMR) issuing a host of guidelines for ART clinics in 2010 and the growing demand for surrogates, a new trend of surrogacy home is now fast picking up.

Though Anand, a small district in Gujarat, has emerged as the surrogacy hub of India and surrogacy homes are mushrooming in South India as well, the trend is now on the rise in North India too.

Vansh Health Care director Prem Kumar explains the reason: “Before the ICMR guidelines, surrogacy business was mostly ruled by agents hired by the clinics. These agents lured poor, illiterate women into becoming surrogate mothers and walked away with their commission. However, with the ICMR guidelines in place and the registration of ART Banks — which provide surrogates — the situation has improved. And with it has come the trend of surrogacy homes to provide accommodation to the surrogates during pregnancy. Surrogacy contracts between the two parties have also become a norm to avoid any legal hassles later.”

Surrogate homes have increased the success rates of pregnancies and also brought in more transparency by acting as a contact point between surrogates and their clients.

“A surrogate must take a mandatory 17-day bed rest after the embryo is transferred to the womb. She needs constant care and attention. The success rate for surrogacy was just five per cent to 10 per cent earlier . But this has now changed with surrogacy homes. We provide a home-away-from-home to these surrogates and ensure their comfortable stay during the pregnancy ,” said Arveen Poonia of Vansh Health Care, which runs a 30-bed home in a multi-storey building on Sohna Road.

“At our home, we make it a point to have a contract between the surrogate and the couple to avoid legal complexities. Before the surrogate enters into an agreement, the financial details are explained to her and documented. Both the surrogate and her husband need to sign it,” said Mr. Poonia.

(The names of surrogates mentioned in the article have been changed to protect their identity)

Source : http://www.thehindu.com/news/cities/Delhi/surrogacy-on-the-rise-in-north-india/article5309126.ece

Ministries differ on single surrogacy

2013-11-04T20:29:00.000-08:00

Chandigarh (Ajay Sura/Times of India) : It appears the ministry of health and family welfare and the ministry of home affairs (MHA) are not on the same page over the issue of singles opting for surrogacy in the country.
The divergent views came out recently before the Punjab and Haryana high court during the hearing of a plea filed by a Sudanese national against the Indian laws excluding single foreign nationals and unmarried couples from coming to India for purposes of surrogacy on medical visas.

Finding it a confused situation because of divergent views of two vital organs of the central government, the division bench comprising Chief Justice Sanjay Kishan Kaul and Justice Augustine George Masih has asked the central government to file a "one common stand" on the issue and apparent prima-facie conflict should not be left for the court to decide. HC also made it clear that court is not supposed to "reconcile the different views". The case is now fixed for November 26 for further hearing.
Conflict between the two vital organs of the central government surfaced before the HC, when the responding to the petition, Indian Council of Medical Research (ICMR), which is part of the ministry of health and family welfare submitted that Draft Assistant Reproductive Technology (Regulation) Bill-2013 contain the provisions for surrogacy of single person. It was also informed that for this purpose Assisted Reproductive Technology (Regulation) Bill-2010 has been revised based on the recommendations of the Ministry of Law & Justice.
However, responding the same petition, the MHA, in a separate reply, submitted before the HC that only married foreign men and women whose marriage has sustained for at least two years would be eligible to apply for medical visa for the purpose of surrogacy in India.
In this case, which is of its own kind, the petitioner, Shihabeldin, a resident of Sudan, submitted before the HC that he is a singleton and wishes to become a single parent through a surrogacy arrangement and contacted a Chandigarh based medical institution on June 29. His counsel Anil Malhotra informed that surrogacy facility in India could not be availed by a single foreign parent because of the MHA guidelines issued on July 9, 2012 limiting the facility of surrogacy only to married couples with two years of subsisting marriage. Malhotra argued that MHA guidelines puts an embargo on foreign single persons or foreign unmarried couples from commissioning surrogacy in India through ART is wholly whimsical classification by any law. Seeking directions to struck down the said guidelines, counsel further contended that foreign nationals, overseas citizens of India, and person of Indian Origin cannot be discriminated in the matter of surrogacy upon comparison with Indian nationals and imposing a ban on surrogacy by foreign single persons or foreign unmarried couples wholly contrary to law.

Gaps in surrogacy bill

2013-10-28T00:37:00.000-07:00

The Hindu (Aarti Dhar) : Women’s health activists have asked the Centre not to rush into finalising the ‘Assisted Reproductive Technologies (Regulation) Bill, 2013’ and, instead, hold wider deliberations with women’s rights organisations, queer rights, human rights and legal rights organisations across the country.

In its response to the Draft Bill, Sama Resource Group for Women and Health, while appreciating the initiative of the Union Ministry of Health and Family Welfare (MoHFW) for making efforts to regulate the booming Assisted Reproductive Technologies (ART) industry, including commercial surrogacy, in the country, has said though the Bill acknowledges the importance and significance of ethical practices in the context of ART services, in the present form, it is inadequate in protecting and safeguarding the rights and health of women going for IVF techniques, recruited as surrogates and children born through commercial surrogacy.

It also lacks setting the standards for medical practice and completely ignores the regulation of the third party agents who play pivotal role in arranging surrogates such as surrogacy agents, tourism operators and surrogacy home operators.

“The Draft Bill should effectively regulate and monitor consultancies, surrogacy agents, surrogacy home operators, private agencies and travel/tourism firms, law firms involved in offering and promoting ART and surrogacy services.”

The Bill should permit genetic surrogacy, a simpler, less invasive form of surrogacy and not restrict to the more complicated, expensive and invasive gestational surrogacy. The upper age limit for undergoing assisted reproductive technology procedure should be clearly stated by the Bill.

The Bill should stipulate the number of cycles a woman can undergo as a surrogate as the number of live births is not equivalent to the number of ART cycles and given the low success rates of ARTs, it often implies multiple cycles for successful outcomes, thus posing serious risks to the surrogate’s health.

The Draft Bill should clearly list the various health risks and adverse outcomes of these technologies.

“Though the present draft does mention that ART procedure carry health risks both to the mother and child, there is no listing of the risks and adverse outcomes of these technologies for children,” Sama has pointed out.

No pre-natal testing, sex-selection, foetal reduction or abortion should be done without the permission of the surrogate by the intended parents. Moreover, the intended parents cannot demand or force her to follow a particular diet, religious rituals or lifestyle during pregnancy.

The pattern of payment to surrogates must be clearly stated in the Bill and should be in the best interests of the surrogate. The present Draft Rules on payment is exceedingly imbalanced and unfavourable towards the surrogate.

While some of the definitions have been added in the present 2013 draft, changes have been made in definition related to eligibility of accessing ARTs. The present draft defines “Couple” as a relationship between a male person and female person who live together in a shared household through a relationship in the nature of marriage. Therefore, the Bill has confined itself to provision of ARTs within a heteronormative framework. It is also clear that as per the definition gay couple(s) cannot access ARTs in India, once the Bill is implemented. Current clause in the Draft Bill is discriminatory, baseless, and a violation of rights to equality, freedom, and reproduction, claims Sama.

The status of the child in case of death of the individual or couple (married) commissioning surrogacy needs to be taken cognisance in the proposed Bill.

This is important not only in cases of trans-national surrogacy (where there might be concerns related to citizenship), but also in cases of surrogacy for Indian individual or couple.

Surrogacy stakeholders draw up guidelines

2013-10-21T22:48:00.005-07:00

AHMEDABAD (Radha Sharma/Times of India) : Most of the women driving multimillion-dollar surrogacy industry in India by renting out their wombs to childless couples do so to beat poverty. Often, they are exploited by agents and even risk their lives.

While there is no legal framework enacted - the Assisted Reproductive Technology (Regulation) Bill, years after it was drafted, is yet to be passed - a handful of stakeholders have formed a society to assure surrogates get basic remuneration, compensation in medical crises and, most importantly, respect for carrying somebody's child for nine months and delivering happinessThe first-ever Indian Society for Third-Party Assisted Reproduction (INSTAR) has now been formed. Infertility experts, lawyers, embryologists and social workers from 15 states including Gujarat have joined hands to enforce self-imposed moral and ethical guidelines for the welfare of surrogates in India.

"Disturbing reports have been emerging from parts of India about exploitation of surrogates, cheating by agents, poor compensation and no safeguards in cases of death or medical crises. This reflects negatively, not only on the profession, but also on the country as nearly 50% of couples opting for surrogacy in India are based abroad," says INSTAR president Dr Himanshu Bavishi.

Dr Bavishi said that the first scientific meeting of INSTAR was recently held in Assam, where it was decided that each surrogate will be paid a minimum of Rs 2.25 lakh. In the rare case of the death of a surrogate while carrying a commissioning couple's child, her family will be paid Rs 5 lakh at least.

A surrogates also risks medical conditions where fallopian tubes or the uterus may need to be removed. In such cases, they will be paid Rs 25,000 for the removal of tubes and Rs 1 lakh for a hysterectomy.

"It has also been decided that all INSTAR members will follow a system which ensures that documents related to the surrogate are made available in her mother-tongue or a language she can read and comprehend," says Dr Bavishi.

Surrogacy becomes family enterprise in Gujarat

2013-10-21T00:00:00.002-07:00

Ahmedabad (Bharat Yagnik / Times of India) : While debates rage across the world over the exploitation of women who become surrogates in India, many daughters in the state are following in the footsteps of their mothers to rent their wombs and deliver themselves from poverty.
Renuka (23) recently delivered a boy for an Indian-American childless couple. Married at the age of 18, her in-laws never took her back after she delivered a child. She was staring at a life of being a domestic maid.

Renuka was led to the profession of surrogacy by her own mother Rekha. The mother had become a surrogate for an Australian couple to support her family as her husband was unemployed.
"I earned Rs 2.5 lakh with which I bought a rickshaw for my husband and bought a house for us. Surrogacy is a respectable profession and I had no qualms in recommending it to my daughter. Renuka has earned Rs 4.5 lakh and we have put it in fixed deposit to secure her son's education and her well-being," said Rekha.
Dr Nayana Patel, who runs an IVF clinic in Anand, said surrogacy needs to be respected as a profession as 75% women who opt for surrogacy have unemployed husbands. "While we have had women bring in their sisters and sister-in-laws to opt for surrogacy and earn money, mothers endorsing this profession for their daughters is a stamp of approval," said Dr Patel.
Sharda (40) is another mother who has advocated surrogacy to daughter Sunita, who is now pregnant with the children of a foreign couple. "I became a surrogate twice and earned Rs 6 lakh. With this money, I got my three daughters married. With Sunita, the mother of a five-year-old, is facing financial crisis, I advised her surrogacy. She will be paid nearly Rs 4 lakh with which she can buy a house and help her husband who earns only Rs 2,000 per month," said Sharda.
It needs mention that while reports of exploitation of surrogates surface from many parts of India, remuneration for surrogates in Gujarat has recorded a significant rise. Ten years ago, a surrogate was paid between Rs 1 lakh to 2 lakh. Currently, surrogates earn Rs 3 lakh to Rs 5.5 lakh per pregnancy and more if they carry twins and if the commissioning couple is foreign-based.