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LATEST NEWS UPDATES | Unregulated surrogacy industry worth over $2bn thrives without legal framework -Himanshi Dhawan

Unregulated surrogacy industry worth over $2bn thrives without legal framework -Himanshi Dhawan

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published Published on Jul 18, 2013   modified Modified on Jul 18, 2013
-The Times of India


NEW DELHI: With an unregulated surrogacy industry thriving in India, rich couples are preying on domestic helps and housemaids coercing them to step up to the task. There is little or no protection for the surrogate mother controlled in the most part by a web of middle-men with medical practitioners choosing to turn a blind eye to this controversial transaction. These are part of the conclusions drawn from a study on the surrogacy industry by NGO, Centre for Social Research (CSR).

The study conducted among 100 surrogate mothers in Delhi and Mumbai says that doctors refer to the transaction as "maid business''. CII has estimated the industry to be over $2 billion a year.

"Due to the commercialization of surrogacy, the plight of the surrogate mother and the unborn child is often ignored. There is a need for a concrete legal framework to monitor and regulate the existing surrogacy system to safeguard the interests of surrogate mother and the child," said Ranjana Kumari, director of CSR.

Releasing a report "Surrogacy Motherhood: ethical or commercial?'' supported by the ministry of women and child development she said that there is no payment structure for surrogate mothers. Around 46 % of the respondents in Delhi, and 44% in Mumbai said they received Rs 3 lakh to Rs 3.99 lakh for being a surrogate mother. Among those interviewed, 68% in Delhi and 78% in Mumbai said that were employed mostly as domestic helps earning more than Rs 3,000 a month.

"The surrogate mothers are not given a copy of the written contract which is signed between surrogate mother, the commissioning parents and fertility physicians because of which they are not even aware of the clauses of the contract," Kumari said.

"Moreover, some surrogate mothers are also impregnated without their knowledge to ensure high success rate. In case of unhealthy pregnancies, abortions pills are given by the doctor to terminate the pregnancy and the surrogate simply thinks that she had a spontaneous abortion," she said, asserting that the government needs to monitor such surrogacy clinics.

An increasing trend was twibling that is using more than one surrogate mothers to increase chances of "success.'' Kumari said that doctors were unabashed about increasing the chances of their success to get a healthy baby while commissioning parents felt that it was a more economical option. For instance a website quoted one surrogate for Rs 13 lakh while two for Rs 17 lakh. "The option seems to be more economical for intended parents who prefer to spend Rs 17 lakh once than spending Rs 13 lakh twice,'' the report said.

Most of the commissioning parents are NRIs from western countries where surrogacy is illegal.

She said that while the ICMR guidelines suggest maximum three IVF sessions for a surrogate mother to become pregnant for a particular commissioning parent, violations takes place as surrogate mothers usually are poor, illiterate or semi literate, in need of immediate fortune and not in a position to understand the medical procedures their bodies are subjected to.

According to the report, there are at least 10-20 agencies which act as facilitators for surrogacy arrangements. They keep the mothers in shelter homes during their pregnancy and take care of their food and clothing during the surrogacy period. Doctors and clinics are often dependent on these agencies.

Kumari said that the expanding surrogacy system is also impacting negatively the adoption system and children would remain orphans if it continues.


The Times of India, 18 July, 2013, http://timesofindia.indiatimes.com/india/Unregulated-surrogacy-industry-worth-over-2bn-thrives-without-legal-framework/articleshow/21131823.cms


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