India, one of the go-to-destinations for foreign childless couples seeking out a surrogate, has issued the Surrogacy (Regulation) Bill 2016, and is expected to become law within a year. This regulation has been put in place with the expectation of ending exploitation of women and to protect the rights of those children born as a result of surrogacy.
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For years, the attractiveness of low costs, skilled physicians, top-notch technology and a large pool of available women seeking to make their living from becoming a surrogate, are some of the reasons foreigners have flocked to India in hopes of obtaining the completion of their families.
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Once the Surrogacy (Regulation) Bill 2016 is enacted, commercial surrogacy will be completely banned, and only infertile couples already residing in India will be permitted to have a child through this method.
There will be exceptions, whereby single mothers/fathers, homosexual families and those that have other children will not be permitted to have a child through surrogacy. Additionally, the surrogate mother can only be a married, close relative that has already given birth to one healthy child, and can only act as a surrogate once in her lifetime. Additionally, the parents are prohibited from paying the surrogate.[1]
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The necessity of strict guidelines such as these are largely due to several factors that have occurred during the years of what became a thriving surrogacy industry. Some, of the factors include[2]:
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- Exploitation of surrogate mothers
†- Abandonment of children born out of surrogacy in the event the child was born female or disabled, and only choosing to take one child in the event twins were born
†- Intermediaries importing human embryos
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Indian Surrogacy Regulation Opposition
According to an article in the Diplomat.com, exact numbers for the Indian surrogacy business are difficult to determine, however, a 2012 study by World Bank estimated it to be worth nearly $400 million a year, throughout 3,000 fertility clinics across India.
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Opponents of the bill argue that a citizen’s fundamental rights are threatened by discriminating against certain classes of people. Also, by closing numerous clinics, India will lose a large contributor to the economy.
Simply said, surrogacy has become a large revenue driver that will be substantially reduced. Furthermore, it was argued that Indian surrogacy had become a method for women to support their families and to help childless couples create the family they sought.
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Read previous Medical Tourism Magazine articles about Indian Surrogacy
http://www.medicaltourismmag.com/indian-surrogacy-ethics-driving-sustainability/
http://www.medicaltourismmag.com/newsletter/indias-rent-a-womb-industry-faces-new-restrictions/
Sources:
[1] http://thewire.in/61555/india-is-looking-to-ban-commercial-surrogacy/
[2] http://thewire.in/61555/india-is-looking-to-ban-commercial-surrogacy/
