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LATEST NEWS UPDATES | Curbs on surrogate births on table

Curbs on surrogate births on table

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published Published on Aug 5, 2013   modified Modified on Aug 5, 2013
-PTI


Indian women cannot act as surrogate mothers for more than three births, including those of their own children, a draft bill to regulate the country's burgeoning wombs-for-rent industry has proposed.

The Assisted Reproductive Technologies (ART) bill also proposes that surrogate mothers should have a mandatory two-year interval between deliveries, whether of surrogate babies or their own children.

After the health ministry receives comments on the draft from other key ministries, the bill would be sent to the law ministry before being placed before the cabinet.

India now lacks any supervisory body that can monitor ART clinics and ensure that surrogate mothers are not exploited. "We want to protect the health and safeguard the rights of women who serve as surrogate mothers while allowing infertile couples to make use of regulated ART services," a senior official said.

Under the draft bill's provisions, no woman younger than 21 or older than 35 can act as a surrogate mother. It proposes that all her expenses, including her insurance, be borne by the infertile couple.

A surrogate mother, before being hired, must be medically tested for sexually transmitted diseases and AIDS.

The bill comes at a time of increasing popularity for surrogacy, with film stars like Aamir Khan and Shah Rukh Khan opting for the method.

The draft bill says a surrogate mother has the right to terminate her pregnancy at any time but if she does so without medical reasons, she will have to reimburse the cost to the infertile couple that hired her. Also, a surrogate mother must relinquish all parental rights over the child.

Foreign couples seeking to hire surrogates in India must first give a certificate from their foreign ministry stating the child would be allowed to enter their country of origin and be considered the couple's biological child, the draft says.

"A foreign couple seeking a surrogate service in India will have to appoint a local guardian to care for the surrogate mother till the child is delivered to the hiring couple.... In case the foreign couple fails to take delivery of the child, the local guardian would be obliged to take the said delivery and he would be free to hand over the child in adoption," the draft law states.


The Telegraph, 5 August, 2013, http://www.telegraphindia.com/1130805/jsp/frontpage/story_17196502.jsp#.Uf9Y5Kzcjco


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