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Recently proposed Assisted Reproductive Techniques (Regulation) Bill, 2014 is making surrogacy narrow and limited to only Indian couple. India is been a thriving industry for surrogacy and among few countries where it is legal with less regulations. After passing this bill foreigner, LGBT, Single parents, who wanted or failed to experience parenthood, will lose their hope.
Surrogacy is an agreement between a woman and a couple or an individual or a person who wants to have a child of their own. In simple words Surrogacy means to rent womb of another lady till the delivery of baby. It is legalized in India since 2002. The Supreme Court in the 2008 Manji case held that commercial surrogacy was permissible in India and also suggests government to frame regulations on surrogacy. This was the genesis of the Assisted Reproductive Techniques (Regulation) Bill, 2014.
Assisted Reproductive Techniques (Regulation) Bill, 2014 paves the way for the setting up of national and state boards for ART, and makes registration of ART clinics mandatory. Only a healthy, married woman between the ages of 23 and 35, who has a child of her own above the age of three years, is allowed to become a surrogate mother, with the consent of her spouse. The commissioning parents must bear all medical expenses, insurance, etc., and are legally bound to accept the custody of the child/children irrespective of any abnormality that the child/children may have, and whether the parents separate before the child/children are born. Violators face imprisonment of up to five years or a fine of Rs 10 lakh, or both, for the first offence. The Bill prescribes a minimum compensation for the surrogate mother.
India is emerging as a leader in international surrogacy and a sought after destination in surrogacy-related fertility tourism. 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. Clinics charge patients roughly a third of the price compared with going through the procedure in the UK.
Till now, Surrogate mothers are getting only one third of total amount after delivering a baby which is very less as compared to other countries. Poverty, illiteracy and the lack of power that women have over their own bodies is the driving force behind the surrogacy market. Moreover there are instances of sex selection and rejection of baby in case of abnormality.
But proposed Bill will lead to discrimination among Indian and foreigners and directly affect medical tourism in India. These days India has become the hub of medical tourism. People travel from across the world for medical treatment. If organ transplant is fine, then why this double standard for surrogacy. There is no exploitation; it’s a voluntary contract between human beings involving an exchange of money.
Instead of making a proper regulatory framework, complete ban is not a solution. Women should have given the right to rent their womb but with proper transparency, ethical guidelines, regulated environment and enhanced clinical practice.
By: Vishal ProfileResourcesReport error
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