1. Legal , Ethical & Medical Issue of
Commercial SURROGACY
PROGRAMME in India
Dr. Sharda Jain
Dr. Jyoti Agarwal
Dr. Jyoti Bhaskar
Dr. Abhishek Parihar

2. Legal , Ethical & Medical Issue of
Commercial SURROGACY
PROGRAMME in India
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3. Commercial surrogacy in India is legal

4. Few Facts
About Surrogacy Programme in India
Which the doctors
&
The Government Should know

5. Government’s Initiatives
• 2002- Commercial surrogacy in
India legalized
• 2005 –Introduction and
implementation of National
Guidelines for Accreditation,
Supervision and Regulation of
Assisted Reproductive Technology
(ART) Clinic in India by the ICMR,
MoHFW, Government of India
• June25,2008–Meeting-cum-workshop
called by the MoWCD,
Government of India

6. Government’s initiatives
• December 2010-
Introduction of Draft ART
Bill
• However, till date there is
no such laws to protect
the rights and interests of
the surrogate mother, the
child or the
commissioning parents

7. By 2015 end
it was expected that India will
become the world’s surrogacy capital
BUT …

8. BAD
Government’s initiatives
•Bad Initiatives & laws
2013-14 has diverted
surrogacy business of
medical tourism from
India to Thailand
•Government has to
rectify the mistake
without delay

9. Outsourcing Pregnancy to INDIA
Through Gestational Surrogacy is a
welcome programme

10. Delhi Gynaecologist Forum
Surrogacy
programme in
India offers
Great Career
opportunities for
Youngsters
Feels

11. D.G.F. Recommendations
• Proactive GOVT. Rules to promote surrogacy services
in India
• Right legal framework for the surrogate mothers – it
seems ICMR guidelines are not enough & open
discussion is needed to safe guard interest of women.
• The surrogate mother should not undergo more than
3 trials and it has to be monitored by GOVT.
• Insurance cover to all surrogate mothers without
fail……

12. D.G.F. Recommendations
• Surrogate mother left without any medical support after delivery
- there should be a provision of intensive care and medical check-ups
of their reproductive organs during the 3 months after
pregnancy
• The citizenship right of the surrogate baby- Indian government
needs to take a stand in terms of conferring the surrogate baby
Indian citizenship
• The government needs to monitor the surrogacy clinics, which
generally charge arbitrary prices for surrogacy arrangements
• Full proof methods have to be devised to pay the full money to
the surrogate

13. WHAT IS SURROGACY ?
Surrogacy-an arrangement in which
a woman carries and Delivers a Child for
Another Couple or Person
• Traditional Surrogacy
• Gestational surrogacy

14. Why Govt. should boost surrogacy Programme
in India
*Satisfaction of bringing happiness to someone’s life
*Uplift surrogate women’s family status
Remuneration leads to independence
Better living conditions
Upliftment of women
A hopeful future
for family

15. Medical Tourism
brought by “Increasing Surrogacy services in india”
is a HAPPY Healthy Trend

16. Medical Tourism
& Surrogacy in India
•India has the best IVF services in the world and the fact
that English is widely spoken makes it easier for
foreigners to avail of medical services
•According to Indian Council of Medical Research
commercial surrogacy will grow & bring highest money
to medical tourism kitty of India.

17. Medical Tourism
& Surrogacy in India
There are 3000 IVF Clinics of offering commercial surrogacy in
India.
At an approximate growth of 30% each year, medical tourism
could bring billion and billions US $ to India
•Govt is not doing anything to facilitate contact with overseas
doctors & hospitals and present their credentials to prospective
clients
•In fact NEW LAWS in 2013-14 have diverted surrogacy business
from India to Thailand.

18. What are the new laws preventing
Growth of IVF & Surrogacy Clinics In India
• Surrogacy has been stopped for SINGLE
ASPIRING PARENTS
What ever category from abroad.
• Commercial surrogacy can be done only for
OCI & Indian passport holders
• It can be done for married foreigners i.e
married for over 2 years

19. Public perceptions are changing
BIG BOOST to Financial Empowerment
To secure a ‘better life’ for themselves and their families
• Surrogates in India earns up to
Rs. 2,00,000- 4,00,000
• The surrogates in India are- usually
from lower middleclass – so money
is the primary motivator
• This Money helps them to buy a
better home or even provide an
education for their children
• Fulfillment of distant dreams if any

20. ACT OF KINDNESS
The act of becoming a surrogate mother is not only a
self-sacrificing but truly a brave decision
• The act of “renting the uterus” & giving
live baby is a great mission, making
dreams possible for childless couples
• Biggest Gift of compassion, patience
and love from one woman to another

21. Aamir-Kiran’s Surrogate Baby brought
Surrogacy Issues in India into Spotlight
• Amir Khan and Kiran Rao’s
seven-day-old baby boy born
through IVF (In Vitro
Fertilization) surrogacy.
• Aamir has done a great job
bringing the procedure into
the mainstream public
domain
• The couple is also getting a
thumbs up from the film
fraternity & public

22. “Shahrukh Khan / Mrs. Gauri”
3rd baby brought
pregnancy through Surrogacy
into centre stage in india

23. What is still wrong in Surrogacy in india?...
i.e. uterus on rent
GOVT. Shifting Focus lately on
gays ... Etc.
Still Exploitative
Lack of legal protection
Health Issues
Insurance to every surrogate
Still Unregulated
Agent

24. EXPLOITATION ??
Uterus on Rent
A Human Incubator on Hire
• The surrogate mother is treated
as a biological commodity, as a
place to protect child for money
•The surrogates are recruited from
rural villages, & most ladies being
poor and illiterate

25. EXPLOITATION ??
Uterus on Rent
A Human Incubator on Hire
• Some surrogates are pressured into it by
their families for money.
• Quality control & legal paper work for the
surrogate woman is still not upto the mark
• Practice of “selective reduction” - killing of
one or more multiple foetuses in the womb is
a bad practice.
• Sex-selective surrogacy is prohibited &
should not be allowed.

26. ICMR is Sorting out these
unbalancing ACT
• Surrogate mothers are first and
foremost mothers to their own
children,
• Practice to leave home alone for the
duration of the pregnancy and live in
a hostel run by the surrogacy agency
is going away .Now full family is taken
care by surrogate agency
•Right of privacy of DONOR as well as
surrogate mother should be protected

27. ICMR is Sorting out these
unbalancing ACT
• A surrogacy contract should take care of the
life insurance cover for surrogate mother
• A surrogacy arrangement should provide for
financial support for surrogate child in the
event of death of the commissioning couple
or individual before delivery of the child, or
divorce between the intended parents and
subsequent willingness of none to take
delivery of the child.

28. ICMR is Sorting out these
unbalancing ACT
• One of the intended parents should be a donor as well, because
the bond of love and affection with a child primarily emanates
from biological relationship. Also, the chances of various kinds
of child-abuse, which have been noticed in cases of adoptions,
will be reduced. In case the intended parent is single, he or she
should be a donor to be able to have a surrogate child.
Otherwise, adoption is the way to have a child which is resorted
to if biological (natural) parents and adoptive parents are
different.
• Legislation itself should recognize a surrogate child to be the
legitimate child of the commissioning parent(s) without there
being any need for adoption or even declaration of guardian.
• The birth certificate of the surrogate child should contain the
name(s) of the commissioning parent(s) only.

29. Business in reproductive tourism is thriving in
India, Growing at brisk pace annually
• Surrogate mothers need to
sign a “contract” with the
childless couple. There are no
stipulations as to what will
happen if this “contract’ is
violated
• While an American surrogate
would get 50-75% of the total
fees, and Indian surrogate
receives only 25% - 30%

30. Business in reproductive tourism is thriving in
India, Growing at brisk pace annually
Over 3000 IVF clinics offering surrogacy
services in India to couples from all over the
world
Some clinics cheat the surrogates & never pay
them any money
This practice has to go

31. Business in reproductive tourism is thriving in
India, Growing at brisk pace annually
legal loop holes have to be plugged !!
• Who will take the responsibility of the child if the
commissioning parents refuse to take the former due
to abnormalities?
• What happens if the surrogate mother changes her
mind & refuses to hand over the baby or blackmails
for custody?
•Will the child born to an Indian mother be a citizen
of this country as well?

32. The story of Baby Manji: should not be repeated
• Japanese baby Manji Yamada, born to
an Indian surrogate mother
• The Japanese embassy in Delhi refused
to issue a passport
• The father, accompanied by his mother
Emiko, travelled to Ahmadabad and
took custody of the child
• Jaipur-based NGO, Satya, moved
Rajasthan High Court on August 12
Now the problem is sorted out

33. D.G.F. Advice to GOVT.
Gays laws are not liberal in India
But
This is a reality that is accepted world over
They have right to have family
1. Let Indians be not offered surrogacy
facilities in this category.
But foreigners can avail & should avail
commercial surrogacy in India

34. Commercial surrogacy in India
The availability of medical infrastructure in
IVF technology and potential surrogates,
combined with international demand, has
fueled the growth of the commercial
surrogacy industry in india
NOW
Government should create WIN & WIN
situations to promote medical tourism in
this field

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