Surrogacy-an arrangement in which a woman carries and delivers a child for another couple or person• Traditional Surrogacy• Gestational surrogacy
There’s money to be had, it’s for a short-term period and there is the satisfaction of bringing happiness to someone’s life Remuneration leads to independence A hopeful future A right Medical Tourism Better living conditions Upliftment of women
Trend toward “increasingly personal” global service work• Facilitates contact with overseas doctors & hospitals and present theircredentials to prospective clients• India has the best IVF services in the world and the fact that English is widelyspoken makes it easier for foreigners to avail of medical services• At an approximate growth of 30% each year, medical tourism could bringbetween $1 billion and $2 billion US into India by 2012• According to Indian Council of Medical Research commercial surrogacy willgrow from being a $445 million-a-year business
IVF clinics in India• Akanksha Infertility Clinic, Anand, Gujarat• Dr Sada Centre For Reproduction & Assisted Conception Mothercare Hospital, Pune• Diksha Test Tube Baby Centre, Hyderabad• Nadkarni Hospital & Test Tube Baby Centre, Surat• Deccan Fertility Clinic & Keyhole Surgery Centre, Mumbai• A.H Ivf & Infertility Research Centre, Kolkatta and more …
To secure a ‘better life’ for themselves and their families• Surrogates in India earns up to Rs. 2,00,000- 4,00,000• For the surrogates -- usually lower middleclass housewives -- money is the primarymotivator• Money to buy a better home or even provide an education for their children• Fulfillment of distant dreams
The act of becoming a mother (surrogate mother), is not only a self- sacrificing but truly a brave decision• The act of giving life, a reason to live, making dreams possible for childlesscouples• Gift of compassion, patience and love from one woman to another
Aamir-Kiran Baby Spotlights Surrogacy Issues in India • Amir Khan and Kiran Rao’s seven-day- old baby boy born through IVF (In Vitro Fertilization) surrogacy. • Aamir has done a great job bringing the procedure into the mainstream. • The couple is also getting a thumbs up from the film fraternity
What is wrong in Surrogacy??... Exploitative Lack of legal protection Health Issues Dark Future Unregulated Shifting Focus
A Human incubator on Hire• The surrogate mother is treated as a biological commodity, as a place to gestatea child for money•The surrogates are recruited from rural villages, with most recruits being poorand illiterate• Practice of “selective reduction” - killing of one or more multiple foetuses inthe womb• Some surrogates are pressured into it by their families• Quality control of the woman and her uterus
The Unbalancing Act • Surrogate mothers are first and foremost mothers to their own children • Leave home for the duration of the pregnancy and live in a hostel run by the surrogacy agency. • No good reason for the surrogate mother to have to abandon her family and move far away from her family for almost 9 months. • No balance between a surrogate mother as a mother and a surrogate mother helping another couple • Rights of their own children to the society of their mother compromised.
Business in reproductive tourism is thriving in India, growing at some 7%annually• Surrogate mothers need to sign a “contract” with the childless couple. There are nostipulations as to what will happen if this “contract’ is violated•While an American surrogate would get 50-75% of the total fees, and Indian surrogatereceives only 25%• Young vulnerable girls from orphanages were ‘hired out’ for surrogacy and the surrogatemothers themselves never got any money• Over 1000 clinics offering fertility services to couples from all over the world traveling toIndia • Who will take the responsibility of the child if the commissioning parents refuse to take the former due to abnormalities? • What happens if the surrogate mother changes her mind & refuses to hand over the baby or blackmails for custody? •Will the child born to an Indian mother be a citizen of this country?
Baby Manji: A stateless surrogate baby • Japanese baby Manji Yamada, born to an Indian surrogate mother • The Japanese embassy in Delhi refused to issue a passport • The father, accompanied by his mother Emiko, travelled to Ahmadabad and took custody of the child • Jaipur-based NGO, Satya, moved Rajasthan High Court on August 12 claiming the grandmother’s custody of the baby was illegal
India accounted for 19% of the estimated 287,000 women who died in pregnancy and childbirth in 2010, according to the United Nations• Forced to deliver by C-section even though C-sections carry a double to quadruplerisk of death during childbirth• Repeated pregnancies can even affect cardiovascular health• Short-term effects - fatigue and vomiting to the swelling of joints• Long term effects - from scarring, varicose veins to loose skin• Psychological distress
Biological Colonialism Kills• Renting out her womb to a US couple cost Amraiwadi resident Premila Vaghela her life• Premila Vaghela died in the eighth month of her pregnancy• Doctors conducted an emergency Caesarean and saved the baby boy• There was almost no coverage of Premila’s death in the United States
Government’s initiatives • 2002- Commercial surrogacy in India legalized • 2005 –Introduction and implementation of National Guidelines for Accreditation, Supervision and Regulation of Assisted Reproductive Technology (ART) Clinic in India by the ICMR, MoHFW, Government of India • June25,2008–Meeting-cum-workshop called by the MoWCD, Government of India • December 2010-Introduction of Draft ART Bill • However, till date there is no such laws to protect the rights and interests of the surrogate mother, the child or the commissioning parents
Recommendations• Right-based legal framework for the surrogate mothers, ICMR guidelines not enough• The surrogate mother should not undergo more than 3 trials and it has to be monitored• Surrogate mother left without any medical support- should be a provision of intensive care and medical check-ups of their reproductive organs during the 3 months after pregnancy• The citizenship right of the surrogate baby- Indian government needs to take a stand in terms of conferring the surrogate baby Indian citizenship• The government needs to monitor the surrogacy clinics, which generally charge arbitrary prices for surrogacy arrangements