2. Table of Content
Introduction
Origin of Surrogacy
Types of Surrogacy
Issues Related with Surrogacy
ReligiousViews on Surrogacy
InternationalViews on Surrogacy
Case “ Baby Manji”
Law Commission of India (report NO. 228)
Surrogacy Regulatory Bill 2016
Case (US Couple-2016)
Conclusion
3. Introduction
Ever since technology had been dramatically
improved in past years, it benefits many ways
to the human life.
One way of these benefits is for those sterile
married couples, the advancement of
technologies will make their dream come
true.
One of the most controversial ways to have a
baby is called surrogacy.
4. Definition
Surrogacy is a method of reproduction whereby
a woman (referred to as surrogate) agrees to
carry a pregnancy and give birth as a substitute
for the contracted party/ies. Surrogacy may be
Natural (traditional / Straight) or Gestational.
-Indian Law
The word ‘surrogate’ has its origin in Latin
‘surrogatus’, past participle of ‘surrogare’,
meaning a substitute, that is, a person appointed
to act in the place of another.
5. Many people favoring pro-life are strongly against
the surrogacy method because they think it is
against moral issues and degrading for a women’s
body.
However there are those that oppose the pro-life’s
idea and think that as long as the situations are
suitable and beneficial towards both sides then it
shall be fine.
Everyone has different opinions about surrogate
mothering method because everyone is raised in
different ways and background; so it is hard to
judge someone’s opinion based on what he or she
believes.
6. Methods of Surrogacy
Traditional surrogacy:
In traditional surrogacy, the surrogate mother is
impregnated naturally or artificially, but the resulting
child is genetically related to the surrogate mother. A
traditional surrogate is the baby’s biological mother
since the child was conceived from the union of her
egg and the father’s sperm.
Gestational surrogacy:
In gestational surrogacy, the pregnancy results from
the transfer of an embryo created by in-vitro
fertilization (IVF), in a manner so the resulting child is
genetically unrelated to the surrogate. Gestational
surrogate mothers are also referred to as gestational
carriers.
7. Types of Surrogacy
Commercial Surrogacy?
Implicates that the Surrogate Mother is rewarded
compensation fee for her involvement. This fee covers not
only medical expenses but also miscellaneous expenses
related to the pregnancy, including travel provisions, but a
sum for her time and unselfish efforts.
Altruistic Surrogacy?
Conceals the Surrogate Mother in agreeing to become
pregnant and delivering the baby for the Intended Parents
without any rewarding financial compensation. Conversely,
in this case, the Surrogate Mother can still be compensated
for her pregnancy-related expenses.
Throughout some places in the world, commercial
surrogacy is illegal and gestational surrogacy is
prohibited in other places.
8. Origin of Surrogacy
The first "official" legal surrogacy agreement was
enacted in the mid-1970's in US with the child
who was referred to as Baby M.
During that same time frame, surrogacy made
the national and international news with the
world's first "test tube" baby, Louise Joy Brown.
The world's second and India's first IVF (in vitro
fertilization) baby, Kanupriya alias Durga was
born in Kolkata on October 3, 1978
In 1980s, 37-year old woman, was paid $10,000
for the successful delivery of a baby boy.
9. Issues Related with
Surrogacy
Attachment with the Gestational Mother
Involvement with the Gestational Mother
Identity of the Child
Compensation
Surrogate health issues
Detachment of intended parents
Social Issues
10. Religious Views
Religious views on surrogacy vary from complete
prohibition to acceptance.
Christianity
Catholic Catechism: surrogacy is "gravely immoral“
Protestant denominations: liberal attitude to infertility
treatments and surrogacy
Judaism
Positive towards surrogacy as long as nobody is
harmed in the process.
Continued…
11. Islam
Divided views on infertility treatments and
surrogacy.
Buddhism and Hinduism
Buddhism:Totally accepts surrogacy
Hinduism: Allows infertility treatments in specific
circumstances
Continued…
12. Baby Factories
India's surrogacy industry is vilified by women's rights
groups who say fertility clinics are nothing more than "baby
factories" for the rich.
The Akanksha clinic in Anand is the best-known at home
and abroad, giving the small town in Gujarat state the
reputation as India's "surrogacy capital“
Charging couples like Rekha and Daniel an average of
$30,000 to $50,000, a fraction of the cost in the United
States, Patel pays her surrogates around 400,000 rupees
($6,500).
In 2002, surrogate mother PremilaVaghela, 30, died days
after delivering a child for an American couple at a clinic in
Gujarat. It was recorded as an "accidental death" by police.
13. International Views:
AUSTRALIA
Altruistic surrogacy only available. No donor or
surrogate matching available. Advertising for
surrogates not legal.All donors must be identified
Foreigners cannot access surrogacy.
MEXICO
Increasingly popular Surrogate birth only legal in
Tabasco state (Villahermosa)
Continued…
14. NEPAL
Increasingly popular. Only non-Nepalese can be
surrogates, so all surrogates relocate from India
Currently > 8 offshore agencies working with 3-4
locally-based embryologists and IVF specialists
USA
Foreigners can access surrogacy.
It is legal and proper laws are present.
Continued…
15. Cost In Surrogacy
FamiliesThrough Surrogacy, an international
non-profit surrogacy organisation, has estimated
the approximate average costs in different
countries:
US - $100,000 (£60,000)
India - $47,350
Thailand - $52,000
Ukraine - $49,950
Georgia - $49,950
Mexico - $45,000
16. Case Baby Manji
Baby Manji, or 'Baby M', was born to a
surrogate mother through invitro fertilization
— using a Japanese man's sperm and an egg
from an unknown donor — at Anand in
Gujarat on July 25, 2008.
17. ART Bill 2008
Bill acknowledges surrogacy agreements and
their legal enforceability.
Rule for foreigner and foreign couples.
Child identity if parents get divorced.
Service of 1 surrogate, in lifetime.
18. Law commission of India
5th day of August, 2009
Need for Legislation to regulate Assisted
ReproductiveTechnology Clinics as well as
Rights and Obligations of Parties to a
Surrogacy
The parents construct the child biologically,
while the child constructs the parents socially
19. Points:
Surrogacy arrangement will continue to be governed
by contract amongst parties
A surrogacy arrangement should provide for financial
support
Insurance cover for surrogate mother
One of the intended parents should be a donor
Legislation itself should recognize a surrogate child to
be the legitimate child
The birth certificate of the surrogate child should
contain the name(s) of the commissioning parent(s)
only
Right to privacy of donor
Sex-selective surrogacy should be prohibited & Cases
of abortions should be governed by the Medical
Termination of Pregnancy Act 1971 only
20. Surrogacy Regulatory Bill
2016
According to Minister for External Affairs, the
need for the Surrogacy (Regulation) Bill,
2016, came after India emerged as a
surrogacy hub for couples and the increased
number of incidents reported on unethical
practices.
21. Issues Addressed...
It bans commercial surrogacy (India – a
reproductive tourism destination)
Foreigner nationals can't get Indian surrogate
mothers
It legalises surrogacy for infertile Indian couples
The length of your marriage matters
You can't pay a surrogate mother
You can only approach a close relative for
surrogacy
Continued…
22. If you have a child, you can't try for another
one
Surrogacy will be allowed only once
Surrogacy regulatory bodies
Continued…
23. Case (US Couple-2016)
A US Couple has deposited their embryo
in India before the Surrogacy Bill 2016 for
surrogacy.
24. Conclusion
Surrogacy is ethical if the rights of the
intended parents as well as surrogate is
protected.
Various intermediate parties get advantages
of the situation of needy that is purely
unethical.
Surrogacy Bill, 2016 appears focused on
banning more than regulating it.
25. Continued..
The recent bill has not addressed anything for
the women who are currently living as a
surrogate.
The person who actually need this, should get
the advantage of this scientific technology.
Adoption is better than surrogacy.