What is Assisted Reproductive Technologies (Regulation) Bill, 2013?

Commercial surrogacy is practiced in India, where the surrogate mother agrees to carry a pregnancy to term for a fee for commissioning couples. A study conducted by the Confederation of Indian Industry (CII) in the year 2012 revealed that the surrogacy sector is worth $2 billion, despite being completely unregulated.

After regular attempts to regulate the surrogacy sector in India, an Assisted Reproductive 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.

In earlier versions—in 2008 and 2010—the ART Bill relied on contract law to establish a relationship between the commissioning parents and the clinic. In the current version, the Bill states that a professional surrogate will be hired by a government-recognized ART Bank and not private fertility clinics, the current practice.

-         The compensation, as per the 2013 draft, will be a private negotiation between the surrogate mother and commissioning parents. Currently, IVF clinics decide the amount and pay the surrogate mother a portion. 

Last year, Home Ministry laid down certain norms on surrogacy as an immediate attempt to define the contours of surrogacy activities in India,

-        Home Ministry lays down conditions for grant of visa to foreign couples commissioning surrogacy in India

-        Home Ministry has already announced that it will not give tourist visas to foreigner nationals coming to India for commissioning surrogacy, of which several cases have been reported.

-        In order to ensure that the surrogate mother’s interests are protected, the Ministry said, such a visa may only be granted if certain conditions are fulfilled — the foreign man and woman must be duly married for at least two years.

-         The Ministry will also insist that the Indian embassy or Foreign Ministry of the country concerned enclose an acknowledgement, along with the visa application, that the country recognises surrogacy and that the child/children to be born to the commissioning couple through the Indian surrogate mother will be permitted entry into their country as a biological child/children of the couple.

-        Besides, the couple should produce a duly notarised agreement between the applicant couple and the prospective Indian surrogate mother. The Ministry has informed the Indian missions abroad that the commissioning couple needs to be told that they must obtain “exit” permission from the Foreign Regional Registration Offices before leaving India for their return journey.

Dr Neeraj Pahlajani

For surrogacy assistance visit our website – www.raipurivf.com

Or email – drpahlajaniraipur@gmail.com

India to Regularise Surrogacy Soon

After rounds of discussion with various ministries, the Assisted Reproductive Technology (ART) Bill, 2013 has been cleared and will be presented before Union Cabinet during winter session of 2014, confirmed a senior health ministry official on September 22. The decision comes closely after the regularisation and legal framework of Surrogacy in India was debated. The undeniable fact about several illegal ART units cropping up across the country to shortchange the infertile couples gives a reason for the urgent need of passing the bill.

According to V M Katoch, Secretary (Health Research), the bill to regulate Assisted Reproductive Technology (ART) and In Vitro Fertilisation (IVF) is likely to be introduced in winter session of parliament. He said that Union Health Minister Harsh Vardhan has been going through the draft and presentation of the bill. The news has come as a great relief for patients and doctors as well.

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 in India and increase in number of patients from overseas to commission surrogacy due to low cost surrogacy in India, the surrogacy sector 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. 

With the regularisation of surrogacy, there would be an end to certain illegal practices, which has been tainting the surrogacy practice in India. This signals the efforts of government to safeguard the rights of commissioning parents and surrogates.

Indian Government has also chalked out certain guidelines on surrogacy to make the whole process transparent and allow to hitches. The Assisted Reproductive Technology (ART) Bill, 2013 seeks to address issues like number of pregnancies allowed to a surrogate mother, age limit and due compensation paid to the surrogates. A framework would be designed for foreigners to seek surrogacy help from India surrogate mothers. With this, the issues of consent and health of surrogate mother would also be resolved.

The Health Ministry has considered the fact that commercial surrogacy changes to biological ability of a woman to reproduce into a commercial activity when money transaction is involved and lack of proper legal framework further complicated the whole process. 

Therefore, an immediate need of strong legal provisions to safeguard the interest of the surrogate mother, commissioning parents and the child born through surrogacy process has been considered.

For more details visit website – www.raipurivf.com

Or email me at drpahlajaniraipur@gmail.com

Dr Neeraj Pahlajani

Life of Surrogates at Pahlajani Test Tube Baby Center

Referring to one of the news publishing about social activists demanding to ban commercial surrogacy and to regularise it like egg donation. In the article, the data of three states are cited in reference to illiteracy, poverty and unemployment of women, who are mostly unaware of the contract terms and agree to become a surrogate mother mainly for funding the education of their children.

However, the scenario is different for women agreeing to assist infertile couples for surrogacy in Raipur. Although, Chhattisgarh has high women illiteracy rate but women who agree to become surrogate mothers for interfile couples at 

Pahlajani Test Tube Baby Center are given best understanding of the contract to ensure transparency and safeguard of the rights of both surrogate and infertile couple. 

To ensure that a surrogate does not feel exploited, a better understanding of her expectations from the process is taken. Considering that surrogacy is “commercial” in India, the balance in cost of surrogacy in India and remuneration to the surrogate mother is maintained.

At Pahlajani Surrogacy Care, the surrogates are kept under best medical care. They live in an environment of peace and sisterhood under the roof of Pahlajani Surrogacy Home, where they are given best medical assistance.

Indian surrogacy is often targeted about the authenticity of contract signed between commissioning parents and surrogates. The fact cannot be denied that there are several clinics which do not adhere to the provisions of remunerations. However, Pahlajani Surrogacy Care ensures that the rights of a surrogate, who is assisting a childless couple to complete their family.

Pahlajani Test Tube Baby Center is the only center in Chhattisgarh having an in-house embryologist and does not conduct IVF/ICSI in batches. With the number of successes in helping the childless couples in having their babies by providing best medical assistance to both surrogate and commissioning couple, we have climbed another step in the ladder of human connection. Knowing that giving birth for someone else is a job only a selfless human being with most giving heart can perform, Pahlajani Surrogacy Care derives its confidence from surrogates for showing their faith and performing commendable jobs for couples.

Along with the celebration of different festivals with the surrogates, we celebrate Mother’s Day, Women’s Day and even organise plantation drives for surrogates. Surrogates are made to feel like home in our surrogacy homes. The reports about the violation of laws and shortchanging the surrogates are baffling. Rights of surrogates should be safeguarded and they should be given best medical care.

Dr Neeraj Pahlajani

Citizenship of Children Born through an Indian Surrogate

On September 4, the Apex Court of India took the issue of citizenship of child born in the country out of surrogacy in which biological parents are foreign nationals but birth mother is Indian. The next hearing is scheduled for the month of November. Till then, dual citizenship for surrogate children born in certain circumstances is being considered.

A few days back, series of surrogacy scandals lifted a lid on Thailand's largely unregulated commercial surrogacy industry, which is an undeniable reason behind vigilance on surrogacy activities in India.

Because India does not offer dual citizenship, the children will have to convert to Overseas Citizenship of India if they also hold non-Indian citizenship.

The Indian Council for Medical Research (ICMR) has given Guidelines regulating Assisted Reproductive Technology procedures. According to one of the seven guidelines, the foreign couple undergoing surrogacy in India would require ‘exit’ permission before their return journey from India and would need to carry a certificate from concerned ART clinic regarding the fact that child/children have been duly taken custody by the foreign couple and the liabilities toward the India surrogate mother are fully discharged as per agreement. A copy of birth certificate(s) of surrogate child/children will be retained by Foreigner Regional Registration Office (FRRO)/Foreigners Registration Office (FRO) along with photocopies of the passport and VISA of the foreign parents.

In India, the babies born through surrogacy are born stateless. This means they are not given Indian citizenship by virtue of the fact they were born in India. Prior to starting surrogacy treatment it is essential that all intended parents consult the embassy of their country to ensure they are able to get citizenship of their country for baby, which another guideline of ICMR.

However, from years and years, India is known the best infertility treatment in India. After the year 2002, India grabbed attention of couples from round the world to undergo IVF treatment. With facilities of low cost IVF in India, egg donors in India and best infertility treatment in India, the medical tourism in India has taken new leaps. Though India has been criticised for unregulated surrogacy sector, but there are clinics like Pahlajani Surrogacy Center in Raipur that has assisted a number of couples from India as well as overseas with infertility treatment. It is known for the high success rate of IVF and surrogacy in Raipur.

To read our success stories, visit our website – www.raipurivf.com

Or email me – drpahlajaniraipur@gmail.com

Dr Neeraj Pahlajani

Surrogacy and Adoption in India

Surrogacy 

Adoption and surrogacy are the two options to bring a child into the family.

The desire for a genetic link and increasing desire of prospective parents to monitor the child's prenatal care and medical history has made surrogacy a more preferred option.

The parents wanting a child through surrogacy need to go through a few steps,

1. Locating the surrogacy clinic,
2. Screening and working with an appropriate surrogate mother,
3. Medically and psychologically examination of surrogate,
4. Establishing a legal contract, and
5. Finally transferring embryos to the surrogate's uterus and confirming the pregnancy.

Adoption

For those parents who simply yearn for a child—genetically related or not—adoption can be both a compassionate and enriching experience. In fact, many parents choose adoption precisely so that they might provide a better family life not only for themselves, but also for the adopted child whose need, after all, is apparent.

Below are the seven stages of adoption in India as defined by Central Adoption Resource Authority, Ministry of Women and Child Development,

1.  Registration
2.  Pre-adoption Counselling and Preparation of the PAP(s)
3.  Home Study and Other requirements
4.  Referral and Acceptance
5.  Pre-adoption foster care
6.  Legal Procedure
7.  Follow up visits and post-adoption services

Dr Neeraj Pahlajani

Are You Willing to Become a Gestational Surrogate?

To become a gestational surrogate for a couple is a decision that requires huge amount of emotional investment. The whole phase of 10-12 months and even the period after that is life changing. For a woman, who wants to become a gestational surrogate, she might be surrounded with certain reservations. Some of those frequently asked questions are answered below,

1. Should a woman have had a previous pregnancy and delivery before becoming a gestational surrogate?

Yes. Before becoming a surrogate for someone else, you need to have gone through it once for yourself before you decide you are willing to go through same for someone else. Women who have healthy, strong, bodies that provide safe and nourishing places for an embryo to grow into a fetus and be delivered as a baby are selected for gestational surrogacy process. You would be medically examined and asked whether you have completed a pregnancy without any serious medical conditions.

2. Are gestational surrogates genetically related to the baby?

No. It is because the gametes, i.e., the egg and sperm used to make that embryo are of intended parents or donors and you are required to carry the embryo formed from those gametes. Therefore, the child would not be genetically related to the gestational surrogate.

3. What are the age requirements for gestational surrogates?

A woman must be at least 21 years of age and below 40.

4. Is there anything required from surrogate’s partner?

Yes. Your partners needs to assist you in,

• Emotional support

• Infectious Disease Testing. In medical screening (HIV, Hepatitis B and C, CMV, and any other sexually transmitted diseases or disorders) to avoid any high risk behaviors is also important for your partner (no tattoos with unsterile needles, new sexual partners, etc.).

• Participation in psychological meeting.

5. Are gestational surrogates allowed to have sex?

If you are sexually active, you can generally continue your intimate relationship without restrictions. A healthy sex life is beneficial to your relationship and can reduce stress. However, some IVF clinics may place restrictions on intercourse around the time of the embryo transfer or if you are pregnant and experiencing bleeding. The medical provider at the clinic would be the person to make the final recommendation about intercourse.

6. Does any part of the gestational surrogacy process hurt?

Becoming pregnant as a surrogate does involve a number of vaginal ultrasounds and speculum exams. These exams are not pleasant and if they are painful, you should let the medical provider seeing you. There are modifications that can be made to make the experience less uncomfortable.

The embryo transfer often requires the surrogate to have a full bladder. It may sound odd, but that is one of the most common things people complain about! The actual embryo transfer, at most would be a little bit crampy, for most clients.

7. Can I continue the medications I regularly take during the process?

Yes, most medications are safe during pregnancy. Pahlajani Surrogacy Care 

will review each medication you take and discuss it in the context of becoming pregnant. The fertility medical provider you will be seeing at the IVF clinic is the person who will make the final decision about which medications you can take, which ones may need to be switched, and if any medicines need to be stopped. Your health and well being is a top priority, so no changes will be made without your agreement.

As a gestational surrogate, you would be expected to take prenatal vitamins and possibly some supplements, based on the vitamin you are taking. These costs would be reimbursed, per your Gestational Surrogacy Agreement.

Your First Meeting With Surrogate - What You Need to Ask?

Your first meeting with a woman who would carry your baby for next nine months can be awkward. You might have spent meticulous efforts to form a massive checklist of questions, like:

“Do you smoke?”

“Are you sexually active?”

But these are not the right questions to be asked on first meeting. Don’t worry, your doubts would be cleared after the surrogate’s medical and psychological exams, and you’ll be made aware of them by a professional.

When you sit down face-to-face with a potential gestational carrier, try to empathize with what she’s going through. After a huge amount of deliberation and soul searching, she’s decided to do something incredibly generous, terrifically inconvenient, and more than a tiny bit risky, for a virtual stranger. She is also nervous about the meeting, you need to ease her.

1. Why did you become a surrogate?

Although her weak financial stability might be the reason, but it can never be the only reason. Yes, money is important but with all a surrogate goes through, she’s going to earn that cash, and it is a limited sum. No one’s getting rich as a gestational surrogate, so it’s a safe bet she has bigger motives.

2. What were your other pregnancies like?

You will know all the medical information about the surrogate and her previous pregnancies from her medical examination report. But by asking this question you show some curiosity and empathy towards her. It can be a good start to build a good relationship. By knowing small details about her cravings and small needs, you’ll know just what to put in her care package.

3. How do your friends and family feel about you being a surrogate?

Surrogate mother needs support as it is both physically and emotionally demanding. If you assure her of becoming a good support and appreciate what an amazing thing she’s doing, then she would be happy throughout her pregnancy.

4. Will you be comfortable if we assist you with doctor’s appointments and in delivery room?

Most surrogates will fully anticipate and welcome your participation in the process, but raising the issue in a polite and respectful manner will set the right tone for when those intimate moments inevitably arise.

5. What kind of communication would you like to maintain after the birth?

Some surrogates and intended parents want to stay in close touch. It’s important to reiterate that your surrogate will have no legal rights to your child. Once your baby is born, you are well within your rights to cut off all 

contact with the surrogate and never see her again.

Once your child is old enough to understand how he or she came into the world, they’ll likely be curious about who their surrogate was, so it helps if you’ve kept up the relationship.

6. What are your concerns about us or this process?

You never know what your surrogate may be thinking or how you may come across to her. She might have a special request that’s very important to her or a fear she’s working to get over.

Let her know that her concerns are important to you, and in case she does have a vastly different idea of how the birth should go, it’s better to find out now rather than a trimester or two into the pregnancy.

Dr Neeraj Pahlajani