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Renting a womb will soon be a crime in India with the Cabinet approving a law banning commercial surrogacy and permitting only altruistic surrogacy in the interest of infertile couples. Altruistic surrogacy means engaging a close relative as a surrogate in a legal contract with the intending parents with no money involved. The draft surrogacy Bill, to be passed in the winter session of Parliament, allows surrogacy services only for married Indian couples wedded for five years with foreigners, NRIs, persons of Indian origin (PIO) holding overseas Indian citizenship cards, single parents, unmarried persons and those from the lesbian, gay, bisexual and transgender (LGBT) community kept out.
Even married Indian couples with a previous biological or adopted child won’t be allowed to engage a surrogate. Inspired by UK’s surrogacy legislation, the Indian version defines a surrogate as a “close female relative” of the intending couple, specifying that a surrogate can only be a married woman with at least one child of her own. The Bill says married Indian couples will be able to engage a surrogate only after they have exhausted all medical options of child-bearing. They will have to produce a certificate saying either is medically unfit to bear a child. The Bill says children born from surrogacy contracts will have all rights (including inheritance) which a biological child has. Abandoning a child will be a crime punishable with a Rs 10-lakh fine and jail up to 10 years. The Bill mandates registration of surrogacy clinics.
Main proposals:
Difference b/w Commercial & Altruistic surrogacy:
Commercial surrogacy: A process by which an individual or couple pays a fee to a woman in exchange for her carrying & delivering a baby. At birth, the child is turned over to the individual or couple, either privately or through a legal adoption process. Russia, the Ukraine and some US states are among those that also allow commercial surrogacy. Altruistic surrogacy: A process by which a person bears a child for an infertile woman or couple without any sort of monetary gain in return. Allowed in Canada, NZ, Greece, the Netherlands etc.
Reasons for Banning foreigners:
Arguments against commercial surrogacy:
Commercial surrogacy in India:
The first surrogate baby in India was born in 1994. Commercial surrogacy has been legal in India since 2002. The Supreme Court in the 2008 Manji case held that commercial surrogacy was permissible in India. 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.
What makes India attractive destination for foreigners seeking a child?
Moral dimension of the issue:
By: Dr. Vivek Rana ProfileResourcesReport error
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