India’s proposed ban on surrogacy may close door to foreigners
A newborn baby at the Akanksha Clinic, one of the most organized clinics in the surrogacy business in Anand, India. Pic: AP.
by 23rd November 2015
RECENT news that the Indian government would ban surrogacy for foreigners has been met with dismay in a number of quarters, not only by those who have benefited from the lack of regulation, but also those that believe the move may push the industry further underground.
The Assisted Reproductive Technology Bill (ART) has been through several incarnations over the past few years, but may be passed in the winter session of Parliament. The Bill would only allow surrogacy for Indian couples (defined as a married man and woman) or a foreigner married to an Indian citizen.
This would effectively stall the booming surrogacy business that is worth $2.3bn and growing.
BBC:
India was becoming a major hub because it’s easy to find women here who are willing to be surrogates, there’s good medical technology and it’s cheap.
It had grown into an industry worth $2.3bn and according to official estimates, 5,000 surrogate babies were being born here every year.
It had grown into an industry worth $2.3bn and according to official estimates, 5,000 surrogate babies were being born here every year.
But critics of the industry have said India’s lack of legislation in this area has led to a “rent-a-womb” exploitation of young, poor women. According to the BBC these women commonly earn $10,000 for use of their womb, while the rest of the $25,000 paid by the couples goes towards her care and checkups.
However, some people have come out in support of the proposed Bill. Dr. (Brig) R.K Sharma, HOD at IVF Primus Super Speciality Hospital said: “We are fortunate that we are in this noble work where we can provide the joy of parenthood to people not only from our own country, but from people all around the world. But, indirectly it creates a negative impact about our country that our women are so poor that they rent there womb for survival. If this is banned, it would be beneficial for our image.”
Many legal experts also feel that it is “poverty, illiteracy and the lack of power that women have over their own bodies”, which is the driving force behind the surrogacy market.
Many legal experts also feel that it is “poverty, illiteracy and the lack of power that women have over their own bodies”, which is the driving force behind the surrogacy market.
Others believe that the move could simply push the industry underground, and even further from any kind of regulation.
BBC:
“Banning commercial surrogacy will send some couples on to the black market and deprive other couples of the chance of children,” Ranjana Kumari, director of the Centre for Social Research, told AFP.
“Our research shows many surrogates do not have health insurance and are paid poorly, among other issues,” she said, adding that stronger regulation rather than an outright ban was needed.
“Our research shows many surrogates do not have health insurance and are paid poorly, among other issues,” she said, adding that stronger regulation rather than an outright ban was needed.
Dr Nayana Patel has delivered thousands of surrogate babies at the Akanksha Infertility Clinic in Anand, Gujurat and said the answer was tighter regulations not a ban. She said surrogacy filled a “childless void in the lives of many”.
UK based Rekha Patel had a surrogate baby at the Anand clinic and started an online petition against the ban titled “Stop the ban on surrogacy in India“.
Surrogacy is often portrayed as ‘Rich foreigners exploiting the poor women of India’ This cannot be further from the truth.
To act as a surrogate has given many of India’s poor women the chance of a better life for themselves and their families. It empowers them and offers a chance to escape the torturous poverty cycle. They choose to act as surrogates of their own free will and need the support of their own families to do so.
To act as a surrogate has given many of India’s poor women the chance of a better life for themselves and their families. It empowers them and offers a chance to escape the torturous poverty cycle. They choose to act as surrogates of their own free will and need the support of their own families to do so.
Dr. Patel’s Facebook page details the training and support they provide their surrogates, and their children.
