CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

B...
INTRODUCTION
CHENNAI
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920...
COMMERCIAL SURROGACY
CHENNAI
3rd Floor, ‘Creative Enclave’,

•

The intended parent or parents who arrange for a surrogate...
FERTILITY TOURISM
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 -...
Indian Council for Medical
Research guidelines
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
...
Cntd…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4...
CASE STUDY
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2...
Cntd..
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 ...
Cntd…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4...
Cntd..
CHENNAI
3rd Floor, ‘Creative Enclave’,

•

 Yamada then tried to file for an Indian passport for Manji, a document
...
Cntd…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4...
Cntd…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4...
Assisted Reproductive
Technologies (ART)
CHENNAI
3rd Floor, ‘Creative Enclave’,

•

The ART Bill lays down guidelines for ...
Cntd..
CHENNAI
3rd Floor, ‘Creative Enclave’,

•

No pre-natal testing, sex-selection, foetal reduction or abortion should...
CONCLUSION
CHENNAI

•

The Indian public, led by the sizable and dynamic independent NGO
sector in India, is engaged in a ...
Upcoming SlideShare
Loading in …5
×

Commercial surrogacy

789 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
789
On SlideShare
0
From Embeds
0
Number of Embeds
22
Actions
Shares
0
Downloads
27
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Commercial surrogacy

  1. 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COMMERCIAL SURROGACY COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 Shelley E. EMAIL info@altacit.com WEBSITE www.altacit.com
  2. 2. INTRODUCTION CHENNAI 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. • The surrogate may be the child's genetic mother (called traditional surrogacy), or she may be genetically unrelated to the child (called gestational surrogacy). • In a traditional surrogacy, the child may be conceived via home natural or artificial insemination using fresh or frozen sperm or impregnated via IUI (intrauterine insemination), or ICI (intracervical insemination) performed at a health clinic.. • 3rd Floor, ‘Creative Enclave’, A gestational surrogacy requires the transfer of a previously created embryo, and for this reason the process always takes place in a clinical setting..
  3. 3. COMMERCIAL SURROGACY CHENNAI 3rd Floor, ‘Creative Enclave’, • The intended parent or parents who arrange for a surrogate pregnancy are called social parents. • Commisioning Parent/ Parents are those who provide egg or sperm. COIMBATORE • BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 Donor Sperm or egg may also be used. • Monetary compensation may or may not be involved in surrogacy arrangements. • If the surrogate receives compensation beyond the reimbursement of medical and other reasonable expenses, the arrangement is called commercial surrogacy. 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 EMAIL info@altacit.com WEBSITE www.altacit.com
  4. 4. FERTILITY TOURISM CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • • • • • EMAIL info@altacit.com WEBSITE www.altacit.com • India is a main destination for surrogacy. In India, surrogacy started in small township of Anand , South Gujrat which has now emerged as a major center of surrogacy. Indian surrogates have been increasingly popular with fertile couples in industrialized nations because of the relatively low cost. Indian clinics are at the same time becoming more competitive, not just in the pricing, but in the hiring and retention of Indian females as surrogates. In 2008, the Supreme Court of India in the Manji's case (Japanese Baby) has held that commercial surrogacy is permitted in India. All these have prompted for the introduction of ‘Assisted Reproductive Technology Bill’ by the Union Government aiming to regulate the surrogacy business.
  5. 5. Indian Council for Medical Research guidelines CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • The Indian Council for Medical Research has given Guidelines in the year 2005 regulating Assisted Reproductive Technology procedures. – Surrogacy arrangement will continue to be governed by contract amongst parties. Such arrangements should not be for commercial purposes. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com – A surrogacy arrangement should provide for financial support for surrogate child in the event of death of the commissioning couple or individual before delivery of the child, or divorce between the intended parents and subsequent willingness of none to take delivery of the child. – A surrogacy contract should necessarily take care of life insurance cover for surrogate mother.
  6. 6. Cntd… CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 – One of the intended parents should be a donor as well. In case the intended parent is single, he or she should be a donor to be able to have a surrogate child. – Otherwise, adoption is the way to have a child which is resorted to if biological (natural) parents and adoptive parents are different. – Legislation itself should recognize a surrogate child to be the legitimate child of the commissioning parent(s) without there being any need for adoption or even declaration of guardian. – The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only. – Right to privacy of donor as well as surrogate mother should be protected. EMAIL info@altacit.com WEBSITE www.altacit.com – Sex-selective surrogacy should be prohibited. – Cases of abortions should be governed by the Medical Termination of Pregnancy Act 1971 only
  7. 7. CASE STUDY CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BABY MANJI YAMADA CASE: • BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • • • • • EMAIL info@altacit.com WEBSITE www.altacit.com Japanese couple Ikufumi and Yuki Yamada traveled to India in late 2007 to discuss with fertility specialist Dr. Nayna Patel their desire to hire a surrogate mother to bear a child for them. The doctor arranged a surrogacy contract with Pritiben Mehta, a married Indian woman with children. Dr. Patel supervised the creation of an embryo from Ikufumi Yamada’s sperm and an egg harvested from annonymous Indian woman. The embryo was then implanted into Mehta’s womb. In June 2008, the Yamadas divorced, and a month later Baby Manji was born to the surrogate mother. Although Ikufami wanted to raise the child, his ex-wife did not. Suddenly, Baby Manji had three mothers—the intended mother who had contracted for the surrogacy, the egg donor, and the gestational surrogate—yet legally she had none.
  8. 8. Cntd.. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • The surrogacy contract did not cover a situation such as this. Nor did any existing laws help to clarify the matter. • Both the parentage and the nationality of Baby Manji were impossible to determine under existing definitions of family and citizenship under Indian and Japanese law. • The situation soon grew into a legal and diplomatic crisis. • The case of Baby Manji illustrates the complexity and challenges faced by institutions in the face of emerging technologies  EMAIL info@altacit.com WEBSITE www.altacit.com
  9. 9. Cntd… CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Determining Baby Manji’s Identity, Family & Nationality: • The Japanese Civil Code recognizes as the mother only the woman who gives birth to a baby. The code does not recognize surrogate children. • In this case, the woman who birthed Manji • was Indian, not Japanese, which meant Manji was not entitled to a Japanese passport. • Even though Yamada was her genetic father, it looked as though he would have to adopt Manji. Because Indian laws don’t address commercial surrogacy, the genetic parents of babies born via surrogacy are required to adopt them. • Again Yamada hit a legal snag: A 120-year-old law (Guardians and Wards Act 1890) does not allow single men to adopt baby girls.
  10. 10. Cntd.. CHENNAI 3rd Floor, ‘Creative Enclave’, •  Yamada then tried to file for an Indian passport for Manji, a document that requires a birth certificate before it can be issued. According to Indian law, a birth certificate requires the names of both mother and father. • Although Akanksha Infertility Clinic certified that Yamada was Manji’s genetic father, the vital records registrar was uncertain which mother should appear on the document: Yuki Yamada, Pritiben Mehta, or the anonymous egg donor. • 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 On these grounds, the Municipal Council of Anand refused to grant Manji a birth certificate and referred the case to the national level for advice. Since Yamada is not Indian, and it was unclear whether Manji’s mother should be considered Indian, national offices also refused to issue a passport. • On Appeal, the Anand municipality issued a birth certifi cate to Manji Yamada stating only her father’s name. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  11. 11. Cntd… CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 A Local NGO Accuses Dr. Patel of Child Trafficking: • Satya, a Jaipur-based social justice and child welfare organization filed a habeas corpus petition with the Rajasthan High Court. The petition claimed that Manji was a victim of a “child-trafficking racket” organized by Dr. Patel through her for-profit infertility clinic. • The petition stated that in the absence of such laws, which would clarify who Manji’s parents really are, Yamada should not be allowed to claim custody of Manji and sought custody of the child for Satya on the grounds that she had been abandoned. • India’s Supreme Court stayed the request for Manji’s appearance in court, dismissed Satya’s accusations that the baby had been abandoned, and granted temporary custody to her grandmother. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  12. 12. Cntd… CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE The (Partial, Temporary) Resolution: • Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • COIMBATORE • BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • • EMAIL info@altacit.com WEBSITE www.altacit.com The Rajasthan regional passport office issued Manji an identity certificate as part of a transit document, paving the way for a travel. It was the first such identity certificate issued by the Indian government to a surrogate child born in India. The certificate did not mention nationality, mother’s name or religion, and it was valid only for Japan, according to the passport office. The Japanese Embassy issued the three-month-old a one-year visa on humanitarian grounds. Japanese authorities stated at that time that Manji could become a Japanese citizen “once a parent-child relationship has been established, either by the man recognizing his paternity or through his adopting her
  13. 13. Assisted Reproductive Technologies (ART) CHENNAI 3rd Floor, ‘Creative Enclave’, • The ART Bill lays down guidelines for assisted pregnancies and management of gamete banks, delinking ART clinics from the banks which provide sperm and ovum for a couple in need of either. • It sets minimum standards for ART clinics and also lays down the maximum number of times a woman may become a surrogate mother or a man can donate sperms. • Though the Bill acknowledges the importance and significance of ethical practices in the context of ART services, in the present form, it is inadequate in protecting and safeguarding the rights and health of women going for IVF techniques, recruited as surrogates and children born through commercial surrogacy.    • 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 Women’s health activists have asked the Centre not to rush into finalising the ‘Assisted Reproductive Technologies (Regulation) Bill, 2013’ and, instead, hold wider deliberations with women’s rights organisations, queer rights, human rights and legal rights organisations across the country. BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  14. 14. Cntd.. CHENNAI 3rd Floor, ‘Creative Enclave’, • No pre-natal testing, sex-selection, foetal reduction or abortion should be done without the permission of the surrogate by the intended parents. Moreover, the intended parents cannot demand or force her to follow a particular diet, religious rituals or lifestyle during pregnancy.  • The pattern of payment to surrogates must be clearly stated in the Bill and should be in the best interests of the surrogate. The present Draft Rules on payment is exceedingly imbalanced and unfavourable towards the surrogate.  • Home Ministry's resistance to allow gay couples from abroad to avail ART services here has been a matter of contention for long and ICMR had astutely left the matter to the Supreme Court's call on the plea for reading down Section 377 IPC to exclude consensual gay relations. • With the apex court's negative verdict on the matter, sources say gates are likely to remain closed for homosexual couples whether from India or abroad till the court revises its decision. 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  15. 15. CONCLUSION CHENNAI • The Indian public, led by the sizable and dynamic independent NGO sector in India, is engaged in a far reaching debate about whether commercial surrogacy is a good idea at all. • People have started to weigh in on the ethical issues raised by commercial surrogacy and fertility tourism. • Everything  that is medically possible should not necessarily be legally permissible.  • Law is an instrument of social engineering and must be developed with consideration for all sections of society, especially those that are more  vulnerable and marginalized, to prevent any kind of exploitation. • 3rd Floor, ‘Creative Enclave’, The moral issues associated with surrogacy are complex and unsolved. This includes the criticism that surrogacy leads to commoditization of the child 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com

×