Legal , Ethical & Medical Issue of Commercial SURROGACY PROGRAMME `in India…see our old PPT

1. UNDERSTANDING INDIA,s NEW
SURROGACY LAW (2016)
Dr. Sharda Jain
Dr. Jyoti Agarwal
Dr. Jyoti Bhaskar
Dr. Abhishek Parihar

2. Review this Lecture at:
Slideshare.net :
Legal , Ethical & Medical Issue of Commercial
SURROGACY PROGRAMME `in India…see
our old PPT

3. DOCTORS DOING
SURROGACY SHOULD WAKE UP !

4. DOCTORS WAKE UP !

5. DOCTORS DOING
SURROGACY SHOULD WAKE UP !

6. Commercial Surrogacyin Indiais
illegal now( 24/8/2016)

7. Cabinet meeting held on
24/8/2016 has approved the
NEW surrogacy bill. To be
tabled in winter session of
Parliament

8. COMMERCIALOutsourcing
Pregnancy in INDIA
Through Gestational Surrogacy is now banned

9. SURROGACY
• SURROGACY means a practice
whereby one woman bears and
gives birth to a child for a
couple with the intention of
handing over the child to the
intending couple after the birth

10. ALTRUISTIC SURROGACY
• Altruistic surrogacy means surrogacy in
which no charge , expense, fees,
remuneration or monetary incentive of
whatever nature are given , except the
medical expense incurred on the
surrogate mother and the insurance
coverage for the surrogate mom

11. COMMERCIAL SURROGACY
Commercial surrogacy means
commercialization of surrogacy services or
procedures, including selling or buying of human
embryo by way of giving monetary incentive in
cash or kind , to the surrogate mother or her
dependents or representative , other than the
medical expenses incurred and the insurance
coverage for the surrogate mother

12. • 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
When Public perceptions were changing
causing BIG BOOST to Financial Empowerment
To secure a ‘better life’ for themselves and their families

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

14. • 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
EXPLOITATION ?? Uterus on Rent
A Human Incubator on Hire

15. 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 had to go
bcz it was unregulated
Rs. 900 crore Business in WOMB
TRADE was thriving in India,

16. • NEW LAW Draft will BAN
“RENT –A- WOMB” TRADE,
• Barring foreigners, single
persons and divorcees from
going for surrogate births

17. • Foreigners as well as NRIs and
PIOs who hold Overseas
Citizens of India (OCI cards)
have been barred from opting
for surrogacy
Sushma Swaraj ,Hon Foreign minister

18. “Celebrities & Bollywood Actors
• “Celebrities and Bollywood Actors ”
who not only have one but two children ,a
son and a daughter , have gone ahead with
surrogacy , out of fashion , is banned.
• Surrogacy is only for those who need it and
will not be permitted for reasons such as
avoidance of labour pains
sushma swaraj.Hon Health Minister

19. Aamir-Kiran’s Surrogate Baby brought
Surrogacy Issues in India into Spotlight
• Amir Khan and Kiran
Rao’s have a baby
boy born through IVF
(In Vitro Fertilization)
surrogacy
• The couple is also
getting a thumbs up
from the film
fraternity & public

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

21. ONLY FOR MARRIED
INDIAN COUPLES
• DRAFT LAW… BARS
FOREIGNERS
• DRAFT LAW… BARS SINGLE
PERSONS BOTH INDIAN AND
FOREIGNERS ..

22. When Surrogacy will be Allowed
• The intending couple has been married
for at least five years and are Indian
citizens
• When either or both are suffering from
proven infertility
• When it is only for Altruistic surrogacy
• When it is not for commercial purposes
or for commercialization of surrogacy

23. WHEN SURROGACY WILL BE ALLOWED
• No person other than a close
relative of the intending couple
shall act as surrogate mother
• No woman shall act as surrogate
mother more than once in her
lifetime

24. WHEN SURROGACY WILL BE ALLOWED
• Age of the intending couple is
between 23 and 50 years in case
of the female member and
between 26 and 55 years in case
of the male member on the day
of certification

25. WHEN SURROGACY WILL BE ALLOWED
• The couple has not had any
surviving child biologically or
through adoption or through
surrogacy earlier, except when they
have a child who is mentally or
physically challenged or suffers from
a life –threatening disorder or a
fatal illness

26. WHEN SURROGACY WILL BE ALLOWED
• The intending couple shall not
abandon the child born out of
surrogacy procedure under any
condition
• Surrogacy is not for producing
children for sale ,prostitution
or any other exploitation

27. Regulation of surrogacy clinics
• Only clinics registered under the
Act can conduct activities and
procedures relating to surrogacy.
• Surrogacy ,clinics must maintain
record for at least 25 years

28. REGULATION OF SURROGACY CLINICS
• No surrogacy clinic,
pediatrician, gynecologist,
human embryologist Doctor
or any person shall avail of
commercial surrogacy in any
form

29. OFFENCES AND PENALTIES
• Violation of any other
provision shall be
punishable with
imprisonment for at least
5 years and a fine of up to
Rs.10 lakh

30. OFFENCES AND PENALTIES
• Abandonment of surrogate child
commercial surrogacy,
exploitation of surrogate mother,
selling of human embryo or
import of embryo will attract
imprisonment of at least 10 year
and a fine of up to Rs. 10 lakh

31. NATIONAL/STATE Surrogacy Board
• A national surrogacy board
and state surrogacy boards
will be set up to implement
the provisions of the Act

32. OTHER PROVISIONS
•District authorities will also
be involved in performing
various related functions to
Regulate Surrogacy.

33. Medical Tourism
brought by “Increasing Surrogacy services in India”
had a Unhappy unhealthy
Death

34. Govt. instead of boosting surrogacy Programme in India has
put the last Nail on Coffin of programme for MEDICAL
TOURISM.
No doubt. It did bring
*Satisfaction of bringing happiness to someone’s life
*Uplifted surrogate women’s family status
A hopeful future
for family
Upliftment of women
Remuneration leads to independence
Better living conditions

35. Government’s Initiatives …so far
• 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
ICMR DRAFT
CABINET APPROVAL TO NEW
SURROGACY BILL

36. ADDRESS
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