India has issued new rules barring foreign gay couples and
single people from using surrogate mothers to become parents in the proposed Assisted
Reproductive Technology (Regulation) Bill 2013 that aims to regulate
surrogacy in India. The decision has drawn sharp criticism from gay rights
advocates and fertility clinics in Raipur.
The Ministry of Home Affairs (MHA), according to the
guidelines of July 9, 2012, restricted surrogacy to foreign nationals; i.e. a
man and a woman married for at least two years would be required to take a
medical visa for surrogacy in India. As of now, even though surrogacy is an
administrative concern and in the domain of the MoHFW, it has been decided that
till the enactment of a law on the ART Bill, 2013, the guidelines issued by the
MHA will prevail till then. Hence, foreign single parent surrogacy is barren.
It was in 2012, when the home ministry debarred gay couples and single foreigners from having an Indian surrogate bear their child as only
a foreign “man and woman” married at least two years will be granted visas.
Since then, IVF in
Raipur and Surrogacy in Raipur is practiced
according to the MHA guidelines.
In March 2014, departments and ministries of the Government
of India reviewed the drafted Assisted Reproductive Technology (Regulation)
Bill, 2013 (ART Bill).
After revision, the decision to restrict surrogacy in India to “infertile Indian
married couples” only, was taken with a belief that it would prevent
exploitation of Indian women who may be pushed to take the risk of surrogacy in
the face of financial hardships.
This decision came after extensive public debate across the
country involving all stake holders about the unregulated surrogacy sector in India. According to
the guidelines of 2005, there was no legal bar for the use of Assisted
Reproductive Technology (ART) by a single or an unmarried woman, and the child
born would have legal rights on the woman or man concerned.
Thereafter, the draft ART Bills of 2008, 2010 and 2013, stated to be revised based on the recommendations of the Ministry of Law and Justice, have consistently proposed that ART in India.
The draft Bill 2013, an exhaustive document containing 100
sections addressing various issues relating to ART. The details are kept ‘secret’.
Restricting surrogacy to infertile Indian married couples
only, and debarring all foreigners other than OCIs, PIOs and NRI married
couples, is a turnaround in the thought process. The suggestion barring
foreigners from commissioning surrogacy in India is stated to be subject to
there being no conflict with other Indian laws applicable to foreigners, such
as those for adoption. Many singles parents visit every year to Pahlajani IVF Clinic to undergo IVF in Raipur.
The medical technology, advancement of science permitting
free export of frozen embryos and other scientific methods have offered hopes
to childless people. But attempts to shut out surrogacy for foreign nationalsand single persons, who have tied their hopes with India doctors and even to
seek IVF in Raipur, may not be the
ideal way to stamp out the hopes of persons wishing to be a parent.
Dr Neeraj Pahlajani
Websites
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