The Indian government has passed a new law banning foreigners from hiring surrogate mothers in India. The law defines a couple as a married man and woman, excluding homosexuals and unmarried couples. It aims to curb exploitation of surrogate mothers and rein in India's fertility tourism industry. Critics argue the law is too harsh and will unfairly impact ethical clinics. Supporters say it is needed to protect surrogate mothers from unethical medical practices and financial exploitation. The new law will be introduced in Parliament's winter session.
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New law to clip wings of rent a-womb biz
1. New law to clip wings of
rent-a-womb biz
Will Bar Foreigners From Hiring Surrogate Mothers In India
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2.
3. Contd…
In a decision that could halve the demand for hired surrogate mothers in India, the
government has decided to ban foreigners from renting a womb in the country .TOI
has a copy of the latest draft of Assisted Reproductive Technology (Regulation) Bill,
2014 which is likely to be tabled in the winter session of Parliament. It says only
Indian couples or a foreigner married to an Indian citizen may opt for surrogacy .
By defining `couple' as a married man-woman pair, the bill also shuts the door on
homosexuals and people in a livein relationship. The older draft bill--A R T Bill,
2010--recognized `couple' as two people living together in a sexual relationship that
is legal in India. Since homosexuality is a crime in the country , it technically barred
homosexual couples.
India, Georgia, Russia, Thailand, Ukraine and some US states are among the few
places that permit paid surrogacy . The UK and some Australian states allow only
altruistic or charitable surrogacy while Germany , Spain and the Scandinavian
countries do not allow it at all.
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4. Contd…
Demand from rich countries, lack of regulation in India and the availability of cheap
technology , skilled doctors, and donors and surrogates made India a fertility tourism
hotspot.
Sudha Sunderraman, general secretary of All India Democratic Women's Association
(AIDWA), said the willingness of poor Indian women to bear bab ies for money disregarding
the health consequences was the biggest attraction. “Government must stop this with
immediate effect,“ she said.
For many years, India was the preferred surrogacy destination for Israelis since Israel allows
only heterosexual couples to engage surrogate mothers back home. Gay couples and single
parents therefore turned to India. But in 2013, the Home ministry barred gay men and
couples who had been married for less than two years to hire surrogate moth ers. As a
result, some Indian surrogates started travelling to Nepal to deliver children.
The racket was exposed when Israel sent a special aircraft to fetch babies born to surrogate
mothers in Nepal after the earthquake in April.Media reports said none of the surrogate
mothers was al lowed to travel out, reflecting the apathy towards them.
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5. Contd…
Surrogates are ruthlessly exploited, a study by Delhi University , Jawaharlal Nehru
University and Denmark's Aarhus University also showed. It found that doctors in
Delhi's infertility clinics often implant a surrogate with multiple embryos--seven in
one case--for a better success rate, ignoring the risks to the woman. The findings
were published in two international journals, Bioethical Inquiry and Acta
Obstetricia et Gynecologica Scandinavica.
Dr Abha Mazumdar, head of the IVF centre at Sir Ganga Ram Hospital, said most of
the unethical practices in commercial surrogacy involve for eigners. “ An agent
mediating in a property deal gets 10-20% commission, but in surrogacy , agents
who bring surrogates get more than 100% commission,“ she said.
However, surrogacy centres oppose the new restrictions saying they are harsh and
unfair to clinics working ethically. “You cannot paint ev eryone with the same
brush.Banning all foreigners from opting for surrogacy will be inhuman,“ said Dr
Shivani Sachdev Gour, secretary , Indian Society for Third Party Assisted
Reproduction (Instar).
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6. Contd…
The A R T Bill, 2014 states that clinics shall be presumed to be negligent in
case the surrogate mother dies or is disabled, unless they can prove
otherwise. It has also proposed imprisonment of up to five years or a fine of
Rs 10 lakh, or both, for the first offence and a jail term of seven years or a
fine of Rs 15 lakh, or both, for subsequent offences. Instar has opposed these
provisions.
The draft of 2010 proposed three years' imprisonment or a fine, or both, for
the first offence. Subsequence offences could be punished with a jail term of
five years or a fine.
“The Bill is likely to be introduced and passed in the winter session of
Parliament. We have held several consultative meets with the industry and
women's rights groups, and they mostly agree with the changes,“ said a
senior health ministry official.
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