Throughout the years many questions are raised about surrogacy in India. Be it the reputed news
dailies, or channels, the debate continues over the surrogacy as unregularised
sector. This sometimes becomes the reason for infertile couple to question the legitimacy
of the process and think whether surrogacy
is India would safeguard legal rights or not.
It was in 2002 when commercial
surrogacy was legalised in India. Since then, the Indian Ministry of Home
Affairs has been reassessing the surrogacy laws to plug the loopholes and form
robust guidelines.
Later, the original Assisted Reproductive Technology Bill
was drafted in 2008 with an aim to regulate surrogacy
in India. The bill defines the responsibilities and duties of a surrogate
mother, those seeking her services and the Indian facilities that provide such
services.
Again in 2010, the ART Bill was redrafted to provide sufficient
protection for surrogate mothers. The decision was taken after the Planning
Commission recommended substantive changes in the legislation and advised the
Indian Council for Medical Research (ICMR) against pushing the draft Bill till
the process of consultations was satisfactorily concluded.
If the bill is passed, the foreigners seeking a surrogate in India will have to provide
documentary proof that they would be able to take the child back to their
country. They must also appoint a local guardian who will be legally
responsible for the surrogate till the child is handed over to its parents. The
draft bill would outlaw surrogacy by a relative who is not from the same
generation as the woman who intends to keep the baby.
Few days back, the Maharashtra Medical Council (MMC) formulated
rules and regulations on surrogacy and formed a committee to monitor. Under the
newly formed rules, MMC has the power to suspend the license of the doctor guilty
of malpractice.
The concerns with regard to the unregulated industry,
unethical practices, especially lack of protection of the surrogate women’s
health and rights, sex selection, lack of employment opportunities, and other
health and rights issues of children born through surrogacy arrangements, and
issues related to their citizenship are being addressed, and the ministry has
been making strides in regularising surrogacy.
The bills are formed with a view to protect and safeguard
the rights and health of the women who undergo these ART procedures, surrogates, egg donors and
of the children born through these techniques.
Recently, the Ministry of Home Affairs formed new guidelines
pertaining to surrogacy. The seven revised guidelines ensured protection of
rights of surrogate, recipient parents and the child born through surrogacy. Through
the guidelines, it was ensured that the couples seeking surrogacy assistance in
India are not in any kind of dilemma about the process. The contract is signed
between the surrogate and the recipient couple to ensure protection of rights. Therefore,
the Indian ministry continues to revise and reassess the laws surrounding
surrogacy considering the high surrogacy success
rate.
Dr Neeraj Pahlajani
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