indiatoday.intoday.in http://indiatoday.intoday.in/story/now-foreigners-cant-hire-wombs-in-india/1/489648.html

Under the Assisted Reproductive Technology Regulation Bill,now foreigners can't hire wombs in India

Foreigners will be barred from commissioning surrogacies in India under the proposed Assisted ReproductiveTechnology Regulation Bill, 2014.

The Centre has barred foreign nationals from commissioning surrogacy in India under its proposed AssistedReproductive Technology (ART) Regulation Bill, 2014.

The proposed legislation aims at proper regulation and supervision of ART clinics and banks in the country and toprevent misuse of this technology, including surrogacy, and for safe and ethical practice of these services.

"The Bill was under consideration in the Union Ministry of Health and Family Welfare for quite some time. Thegovernment has focused on the rights of surrogates ensuring the legal, wise and safe practice of surrogacy.Recently, we have seen exploitation of surrogates and several ART clinics across India practicing the techniquewithout any rules and regulations," said Dr Manish Banker, member, Draft Committee for ART Bill of India, ICMR.

Centre's rider

The government has proposed that surrogacy for foreigners in India shall not be allowed but surrogacy shall onlybe permissible to overseas citizens of India (OCIs), people of Indian origin (PIOs), non resident Indians (NRIs)and any foreigner married to an Indian citizen.

The eligible couple will have to produce a duly notarised agreement with the prospective Indian surrogate mother.Further, they have to produce an undertaking that they would take care of the child/children born throughsurrogacy.

Moreover, commissioning surrogacy in India would not be easy for foreigners married to an Indian because thereare other conditions to do so. The Bill makes it mandatory for the couple to be married with the marriagesustaining for at least two years. They will further need to submit a certificate, attested by the appropriategovernment authority of that country, conveying that the woman is unable to conceive.

Citizenship

The government has also said that the child born to a foreigner married to an Indian citizen by sperm or eggdonation, or surrogacy in India, then the child will not be an Indian citizen, despite being born in India, and will beentitled to Overseas Citizenship of India under Section 7A of the Citizenship Act, 1955.

The ART fraternity believes that the new rules will severely affect 'fertility tourism' in India. "This will affect theburgeoning fertility tourism in India. It will affect the economy also. It will be discouraging for foreigners as well asART clinics, which mostly have foreigners as their clients," said Dr Gaurav Malhotra, CEO and MD, Bourn Hallinternational India, In Vitro Fertilisation (IVF) Centre.

The ART Bill also has stern rules for surrogates. It says that any woman agreeing to act as a surrogate shall beduty-bound not to engage in any act, including unprotected sex that may harm the foetus during pregnancy andthe child after birth, until the time the child is handed over to the designated commissioning couple.

Booming industry

- 7,000-8,000 surrogacy clinics operate in Delhi. Most of them operate illegally,according to estimates

- Around 10,000 foreign couples visit India a year to commission surrogacy with nearly 30% being single orhomosexual

- Rs 2.5-6 lakh is the amount charged by surrogates in India

- $400mn is the surrogacy industry's value in India as per estimates

thestatesman.com http://www.thestatesman.com/news/supplements/don-t-look-down-upon-infertility/95504.html

World Surrogacy Day was celebrated on 3 October with great enthusiasm as people from all walks of life came insupport of surrogate mothers and children, expressing their solidarity with them and raising their concerns overtheir security and well-being, pressing for firm laws in various countries where the cause is exploited. Here in theCapital, as a mark of celebration of this day, the Indian Society for Third party Assisted Reproduction (INSTAR)organised nukkad nataks (street plays) in several parts of the city, including Saket, Qutub Minar, Lado Sarai andMehrauli market. INSTAR's initiative was aimed at spreading awareness about surrogacy.

The nukad nataks were conducted in several parts of the Capital and on Sunday (4 October) several plays wereenacted in Connaught Place area, Raahagiri, India Gate, Jantar Mantar and Bangla Sahib Gurudwara. Theongoing series of nukad natak, to spread awareness on surrogacy, will also be held in areas such asAkshardham, Atta Market near the GIP Mall in Noida, Laxmi Nagar and Krishna Nagar, before culminating withthe INSTAR Annual Conference on 11 October at India Habitat Centre.

On the occasion of the World Surrogacy Day, activists highlighted that medical experts as well as statisticspresented by the World Health Organisation (WHO) have repeatedly suggested that infertility is on the rise and itis high time to address such issues for the welfare of mankind.

A press communique issued by INSTAR mentioned that the medical fraternity is upset with the AssistedReproductive Technology (Regulation) Bill (ART). "The medico legal experts are not happy with the ART draft Bill,which has recently been made public. If this is made into law, it is completely contrary to public wish and ignoresthe needs of society. It is discriminatory and not reasonable to close doors for foreign surrogacy. It is strange thatthe Prime Minister of India is focusing to build up relations with foreign countries and in such a time we are gettinga Bill to ban foreign surrogacy in India," said the press communique.

It also stated that India provides an ideal atmosphere for surrogacy and that the medical infrastructure, coupledwith friendly parenthood, attracts foreigners for surrogacy in India.

However, reports of exploitation of surrogate mothers by pimps and middle men have often been reported. Thissupplement, in a comprehensive story on Surrogacy in September 2014, had called for stricter laws, stating,"India is the hot-spot in the internationally-booming surrogacy business but the 'baby-manufacturing' industryinvolves a paradox of desperate clients on one hand and poor surrogates on the other, thus casting numeroushorror stories."

Ranjana Kumari from Centre for Social Research had earlier told The Statesman, "In the absence of strictregulations, the risks are very high because the entire surrogacy business revolves around middlemen agencies,who are only concerned about making profit. The doctors are there only to provide medical guidelines and assuch the poor women are being exploited."

On the other hand, during the week long series of nukad nataks and awareness programmes on surrogacy, theactivists from INSTAR pressed on making the laws in favour of the society and its people. Radhika Thapar Bahl,lawyer with specialty in fertility and medico-legal aspects, including surrogacy, said "Today's world is realising theneed for fertility treatment, including surrogacy. Intervention of law is to protect the interest of parties and childborn through compensated surrogacy in such a way that it addresses legalities and specifies the rights and dutiesof parties clearly."

The INSTAR president called on people not to look down upon infertility. "The message to the society is thatinfertility is not to be looked down upon - an infertile couple should be treated as an equal human being withoutadding to their mental trauma. Fertility Treatment and Surrogacy is a boon for infertile couples," he said.