Why Surrogacy In India is Debated?

An Australian baby born to a surrogate Indian mother was abandoned in India. It has highlighted some tension in India as well as Australia. The news hit the headlines after the Australian parents abandoned the twin because they wanted just the one child and were unprepared for the birth of twins.

The Australian High Commission in India tried persuasion and confirmed the veracity of the reports, but could not help because surrogacy is a personal matter. Indian Surrogacy sector has always been under media target for multiplicity of reasons. The Australian couple’s decision to fly away without the child raked another controversy.

Such cases have made surrogacy a debatable issue in India. Sometimes, it is some surrogacy clinics, some doctors or the commissioning parents, who have often gathered flak for their wrong practices and decision. Surrogacy, if practiced through right means without shortchanging or cheating anyone, can be a boon for human beings to gift their reproductive capabilities. Women in 

India agree to become gestational surrogates with dual reasons, to earn money for supporting their families and to help the couples in completing their families.

It is often perceived as exploitation of women working in surrogacy industry. Reproduction is a gift and women offering help to someone to share the gift. IVF in India and IVF in Raipur has been an example of successful surrogacy assistance throughout the years. The fact cannot be denied that there is an urgent need to regularise the sector for transparent ART procedure. Tight laws and strong legislation would restore faith of both surrogate mothers and commissioning parents in the process. Recently, the Australian Federal Circuit Court Chief Judge John Pascoe has called for a national enquiry into international commercial surrogacy. 

Commercial surrogacy was made legal in India in the year 2002. Looking at the high success rate and the number of doctors righteously working to help the couples, the commercial surrogacy is both beneficial for surrogates and couples.

There is an increase in global infertility rate and couples want to have babies with their own genes. Legal landscape surrounding surrogacy in India is cultivated on child-protection perspective. It was the day in 2002 on which surrogacy was legalized in India, when legal authorities started striving to push the sector on legal tracks.

India is abode for thousands of surrogate mothers, who are bearing children for Indian as well as foreign childless couples. The sector has widened its horizon in years, adding new criterions to safeguard the rights of surrogate mothers in India, recipient couples and the children born through surrogacy.

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. 

The Indian Ministry of Home Affairs has continued reassessing the surrogacy laws to plug the loopholes and form robust guidelines.

Later, the original Assisted Reproductive Technology Billwas 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 regularizing 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 inIndia 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 consider the high surrogacy success rate.

Dr Neeraj Pahlajani

Obstetrician & IVF Specialist

(MS, DNB, FMAS, DRM - Germany)

MBBS - Lady Harding Medical College - New Delhi

MS - Obstetrics and Gynecology (PGI - Rohtak)

DNB - Obstetrics and Gynecology

FMAS - World Association of Laparoscopic Surgeons

DRM - Diploma in Reproductive Medicine (Germany)

Fellow in IVF & Embryology – (USA)

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Pahlajani Test Tube Baby Centre

(Mata Laxmi Nursing Home)

Anupam Nagar, Near T.V. Tower, Raipur (Chhattisgarh) India

Phone:  +91- 771- 4052967, +91- 771- 4053285 Mobile:  +91- 9770997645, +91- 9329630455

Email - contact@raipurivf.com

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What Is India Doing to Regularise Surrogacy

Pregnancy involves the whole person, body and mind, at every conscious and unconscious moment for nine months. The act of procreation, the primal behavior of human beings, is a gift which has helped thousands of infertile couples through Surrogacy in India. It is often termed as womb-renting, which represents the final conquest of the couples, who have failed to conceive despite several attempts.

Unending quest for a child has been answered by surrogate mothers. However, becoming a surrogate mother is often looked down as a way for women in socially vulnerable positions to sell fundamental human rights. But, in 12 years of its legal existence in India, surrogacy has emerged as the most preferred option for couples to complete their families. Surrogacy has not only given an answerto fertility problems but also has harnessed the technology to enhance reproductive freedom.

Woman undergoes enormous emotional challenges posed by the unrequited desire to have a child of one's own. Even the surrogacy in Raipur has witnessed a positive boast from all directions.

However, some social workers and feminist organization have condemned surrogate motherhood. They have argued that surrogacy exploits the woman’s body and her reproductive organs, and violates poor women’s human rights. The industry has been criticised for operating in a regulatory vacuum, and while there are some rules for people who take the journey to India, it is still a minefield for many unsuspecting parents.

If we consider the feminist approach, we would have to think that surrogacy means exploiting a woman’s body and her rights. Surrogacy has always been debated on ethical and legal issues. Even the argument from equality, specifically LGBT equality, has denied dying.

Recently, the Australian couple's move to abandon one of their twins born via a surrogate mother in India has raised new controversy for surrogacy in India. The case dates back to 2012 although it came to light recently after a report by the Australian Broadcasting Corporation. The report said the couple returned home with the baby girl while her brother was left behind.

Taking a strict cognisance, the Health Ministry has proposed new moves to regulate surrogacy and in-vitro fertilization (IVF) in India. The new rules will make couples mandatory to take custody of their child born through surrogacy. The bill also seeks to address issues like how many pregnancies can be allowed for a surrogate mother, the age of the mother and due compensation to be paid to her.

However, the new rules may bar foreigners from having surrogate babies in India. The Bill will also allow single parents to have children through surrogates. The Bill states that health insurance and regular tests will be make mandatory for surrogates. The proposed Assisted Reproductive Technology (Regulation) Bill is likely to be introduced in the Winter Session of Parliament.

India is taking a move to regularise the industry for convenience of both surrogate mother and commissioning parents.

Dr Neeraj Pahlajani

Obstetrician & IVF Specialist

(MS, DNB, FMAS, DRM - Germany)

MBBS - Lady Harding Medical College - New Delhi

MS - Obstetrics and Gynecology (PGI - Rohtak)

DNB - Obstetrics and Gynecology

FMAS - World Association of Laparoscopic Surgeons

DRM - Diploma in Reproductive Medicine (Germany)

Fellow in IVF & Embryology – (USA)

---------------------------------------------------------------------------------

Pahlajani Test Tube Baby Centre

(Mata Laxmi Nursing Home)

Anupam Nagar, Near T.V. Tower, Raipur (Chhattisgarh) India

Phone:  +91- 771- 4052967, +91- 771- 4053285 Mobile:  +91- 9873083334, +91- 9329630455

Email - contact@raipurivf.com

Visit Our Websites

Pahlajani Test Tube Baby Centre - Raipur

Low Cost IVF India - Pahlajani Test Tube Baby Centre

Pahlajani Critical Pregnancy Care Centre - Raipur

Why Surrogacy Needs Regulation?

While there are activists to fight for the rights of surrogate mothers, no is nobody has raised voice for the newborns. Yes, there are couples who have abandoned their children born through surrogacy in India. One of the recent cases was reported when an Australian couple abandoned one of the twins born through surrogacy in India. In the absence of any legal safeguard, malpractices such as this keep happening, says experts. There are many issues besides sex selection and exploitation of the poor surrogate mothers. There are a number of factors emerging from every side to taint surrogacy process. While surrogacy is a process to help an infertile couple to have their own children, there are clinics, couples and middlemen engaged in illegal activities. This cycle will continue till the surrogacy sector is regularised.

In 2014, India recorded around 20,000 approx surrogacy centers. However, only 270 have been enlisted by Indian Council of Medical Research (ICMR) on the basis of infrastructure and trained manpower.  India is fast being recognised as an attractive option for commercial surrogacy centre, human rights activists maintain that while commercial surrogacy in itself is welcome where persons unable to have children are aided by willing surrogates to have their biological children, problem comes in due to the exploitative nature of the business and lack of regulation in the industry.

No fixed compensation structure, no laws that cater to the health and number of births that a surrogate can support and usually incomplete advertisements of the services by medical establishments work against the interest of the women involved in the case.

After regular attempts to regulate the surrogacy sector in India, an AssistedReproductive Technologies (Regulation) Bill, 2013—an attempt by India to regulate commercial surrogacy—is likely to be presented to the cabinet on Thursday before being introduced in Parliament.

After making necessary modifications in the earlier versions of the bill passed in 2008 and 2010, the cabinet approved it with the vetting from Law Ministry and Planning Commission.

Below are the few highlights of Assisted Reproductive Technologies(Regulation) Bill, 2013,

-       The Bill addresses all issues pertaining to ethics in commercial surrogacy.

-       The Bill is only to help infertile couples and should act as a deterrent to commercial surrogacy.

The CII study estimated that nearly 10,000 foreign couples visit India for reproductive services and nearly 30% are either single or homosexual.

-        However, the Surrogacy Bill will disqualify homosexual couples, foreign single individuals and couples in live-in relationships from having children through surrogate mothers in India. The law also imposes age restrictions on surrogate mothers.

-        Homosexuals and foreign single individuals are barred from seeking surrogacy assistance in India.

-       Other than this, many restrictions imposed are not encouraging for business.

The recent Thailand controversy has brought the infertility clinics across the globe under scanner. Throughout the years, surrogacy in India remained unregulated but the day bill was cleared in cabinet it gave hopes to hundreds and hundreds people in India as well as overseas. It was a time between the years 2008 and 2013, when surrogacy practice in India was questioned under the heads of social and ethical issues.

Considering the fact that growing surrogacy tourism inIndia and increase in number of patients from overseas to commission surrogacy due to low cost surrogacy in India, the surrogacysector needed to be regularised. In India, the practice of commercial surrogacy started in the year 2002. Twelve years after the specialists gave birth to thousands of babies through this process, still the controversy about commercialisation denies dying. Surrogacy was commercialised for equal opportunity to surrogate mothers to support their families with the money they get. However, the tales about exploitation of women in the name of surrogacy have grabbed the headlines every now and then. 

Dr Neeraj Pahlajani

Obstetrician & IVF Specialist

(MS, DNB, FMAS, DRM - Germany)

MBBS - Lady Harding Medical College - New Delhi

MS - Obstetrics and Gynecology (PGI - Rohtak)

DNB - Obstetrics and Gynecology

FMAS - World Association of Laparoscopic Surgeons

DRM - Diploma in Reproductive Medicine (Germany)

Fellow in IVF & Embryology – (USA)

---------------------------------------------------------------------------------

Pahlajani Test Tube Baby Centre

(Mata Laxmi Nursing Home)

Anupam Nagar, Near T.V. Tower, Raipur (Chhattisgarh) India

Phone:  +91- 771- 4052967, +91- 771- 4053285 Mobile:  +91- 9770997645, +91- 9329630455

Email - contact@raipurivf.com

Visit Our Websites

Pahlajani Test Tube Baby Centre - Raipur

Low Cost IVF India - Pahlajani Test Tube Baby Centre

Pahlajani Critical Pregnancy Care Centre - Raipur

Be aware of fake Surrogacy Clinics. Spotting Your Surrogacy Clinic in India

If you wish to have a limited relationship with the surrogate mother, but have the benefit of excellent healthcare, then Surrogacy in India is an attractive option.  With a range of alternative medical solutions to childlessness becoming available, surrogacy in India has emerged as one route for many couples.  For couples who want to have their names on the birth certificate, Surrogacy in Raipur should be your destination.

While some countries have banned the practice, commercial gestational surrogacy, in which a woman is paid to have a baby to whom she has no genetic link, has caught on in India. Here, the surrogates have no parental rights and cannot change their mind about handing over a child to the intended parents.

Many couples have pursued surrogacy in India and have been able to have a child with the parents own genetic material, or with the assistance of a donor egg, and the help of an Indian surrogate. After the first surrogate delivery in India in June 1994, India has steadily emerged as aninternational surrogacy destination.

India has offered relatively low cost surrogacy and medical facilities, with the use of latest reproductive technology, and the availability of surrogate mothers, who show dedication. Although the commercialisation of motherhood has raised ethical and social questions, has also raised fears of the exploitation of surrogate mothers. There are hundreds of quack infertility specialists, who have adopted this practice to fool the couples and extract huge sum of cash. In an effort to regularise the sector, the Indian Council of Medical Research in 2005 issued guidelines for the accreditation, supervision and regulation of surrogacy clinics, but those remain on paper. An expert committee drafted the 

Assisted Reproductive Technologies (Regulation) Bill, 2010.

How to spot you surrogacy clinic in India?

1.      You need to find a clinic that has experience with working with International clients. Therefore, ask questions and investigate.

2.    Ask for the statistics of surrogacy clinic

3.    Calculate and review the costs of surrogacy. Get a detailed list and cost for both a successful and an unsuccessful attempt. Also ask about additional costs (for instance, neonatal intensive care costs if the baby is born pre-mature).

4.    Be clear on what you want. If you are looking for egg donor then review the availability of Indian and Non-Indian donors. If you are sending your embryos to India, then ask about the process. If you are using your own eggs, check out the facilities.

5.     On your first meeting with your treating doctor, discuss with the doctor how many embryos you want to transfer. Most reputable clinics will only allow up to four embryos, but this will depend on the quality of the embryos. While this can increases the odds of a successful pregnancy, it also increases the odds of a multiple pregnancy. This is a very personal decision, but be aware that under the current laws gestational surrogates can only carry twins and a higher order pregnancy will result in a foetal reduction.

The Union government is now set to table in Parliament theAssisted Reproductive Technologies (Regulation) Bill 2013. It would address the issue of absence of appropriate legal provisions to ensure that surrogate mothers, who often enter into loosely drafted agreements with commissioning parents, do not become vulnerable is a serious issue. A comprehensive regulatory framework and binding legal provisions could bring order to the field, but the larger moral question whether human reproduction should be commercialised would still remain.

Dr Neeraj Pahlajani

Obstetrician & IVF Specialist

(MS, DNB, FMAS, DRM - Germany)

MBBS - Lady Harding Medical College - New Delhi

MS - Obstetrics and Gynecology (PGI - Rohtak)

DNB - Obstetrics and Gynecology

FMAS - World Association of Laparoscopic Surgeons

DRM - Diploma in Reproductive Medicine (Germany)

Fellow in IVF & Embryology – (USA)

---------------------------------------------------------------------------------

Pahlajani Test Tube Baby Centre

(Mata Laxmi Nursing Home)

Anupam Nagar, Near T.V. Tower, Raipur (Chhattisgarh) India

Phone:  +91- 771- 4052967, +91- 771- 4053285 Mobile:  +91- 9770997645, +91- 9329630455

Email - contact@raipurivf.com

Visit Our Websites

Pahlajani Test Tube Baby Centre - Raipur

Low Cost IVF India - Pahlajani Test Tube Baby Centre

Pahlajani Critical Pregnancy Care Centre - Raipur