Planning to rent a womb like Karan Johar? Won't be easy due to a new bill

The new Surrogacy Bill bans single men, women and gay couples from opting for surrogacy

Single and want to rent a womb like Karan Johar? Think again. While the Bollywood filmmaker has become father to twins Roohi and Yash through surrogacy, he may be among the last few fortunate single fathers who could commission surrogacy within the legal ambit.

 

The Surrogacy (Regulation) Bill, 2016 passed by the Union Cabinet last year bans single men, women and gay couples from opting for surrogacy. The draft Bill, currently pending with the parliamentary committee also puts an end to commercial surrogacy and allows it only in an altruistic form without any monetary benefit to the surrogate mother, who has to be a blood relative.

 

While this move has been criticised by many who champion human rights, others have backed the amendment.

 

Following the birth of Karan Johar's twins, the issue of surrogacy has once again taken centre stage. 

 

What is surrogacy?

 

Surrogacy is an arrangement where a surrogate mother bears and delivers a child for another couple or person. In gestational surrogacy, an embryo, which is fertilized by in vitro fertilization, is  implanted into the uterus of the surrogate mother who carries and delivers the baby. In traditional surrogacy, the surrogate mother is impregnated with the sperms of the intended father.

Surrogacy may be commercial or altruistic, depending upon whether the surrogate receives financial reward for her pregnancy.

 

Is surrogacy in India legal?

 

Yes. 

 

Commercial surrogacy is legal in India, Ukraine, and California while it is illegal in England, many states of United States, and in Australia, which recognize only altruistic surrogacy. In contrast, countries like Germany, Sweden, Norway, and Italy do not recognize any surrogacy agreements. 

 

According to The Surrogacy (Regultion Bill 2016):

 

Who can opt for surrogacy?

 

* To allow altruistic ethical surrogacy to intending infertile couple between the age of 23-

50 years and 26-55 years for female and male respectively.

* The intending couple should be legally married for at least five years and should be

Indian citizens
 

* Couple shoudn't have any surviving child (biological, adopted or surrogate), except one who is mentally or physically challenged or suffers from a life-threatening disorder or fatal illness.

 

The bill also disallows childless or unmarried women to be surrogate mothers.

 

Who can be a surrogate mother?

 

* A close relative of the couple

 

* A married woman with a child of her own, aged 25-35

 

* She can be a surrogate mother only once in her lifetime

 

* Should be certified as medically and psychologically fit.

 

* The Surrogacy Bill bans homosexual couples, people in live-in relationships and single individuals from renting a womb

 

 

India - a favourite destination of fertility tourism

 

Commercial surrogacy has been legal in India since 2002, a practice that has been fully taken advantage of by many stars in the Hindi film industry. Even internationally, India as been a favourite country for those wanting a surrogate child. The reason behind its popularity is 'cheap availability' of the service.

 

According to National Center for Biotechnology Information (NCBI), each year, couples from abroad are attracted to India by so-called surrogacy agencies because cost of the whole procedure in India is as less as one-third of what it is in United States and United Kingdom (Rs 10-20 lakhs).

 

What drives mothers to commercial surrogacy?

 

The reason driving the mothers to surrogacy is usually poverty and lack of education, which further ensures their inability to challenge the exploitation. Hence, initiatives are being taken to promote altruistic and not commercial surrogacy.

 

Provisions for safety of women prior to The Surrogacy (Regulation) Bill, 2016

 

In 2002, the Indian Council of Medical Research (ICMR) laid out guidelines for surrogacy, which made the practice legal, but did not give it legislative backing. This led to a booming surrogacy industry which had lax laws and no enforcements.

 

End of commercial surrogacy in India

 

On November 4, 2015, Department of health research in November stated that the department has decided not to support commercial surrogacy, after consultation with various Ministries/departments of the government. It further stated that till the enactment of the proposed 'Assisted Reproductive Technology Regulation (Bill), provisions will be made to ensure safety of the surrogate mother. 

 

Here are the guidelines:

 

1. Import of 'human embryo' is prohibited except for research purposes based on guidelines issued by DHR.

    a) Surrogacy clinics/IVF clinics or any other centre/ clinical establishments, offering surrogacy services will not import human embryo for offering surrogacy services or in connection thereto.

 

    b) No visa should be granted by the Indian Missions for foreign nationals or to Overseas Citizen of India (OCI) card holders intending to visit India for commissioning surrogacy. 

 

    c) No exit permission should be granted to the child to be born through surrogacy to foreign nationals and OCI cardholders.

2. Unethical practices in surrogacy, including illegal determination of sex by such clinical establishments, will be dealt with severely.

 

It prohibited sex-selective surrogacy, required the birth certificate to only have the names of commissioning parents, required one of the commissioning parents to be a donor, required a life insurance cover for the surrogate mother and ensured right to privacy of the mother and the donor, among other things.

 

 

Surrogacy Bill 'patriarchal'?

 

The Modi government faced severe criticism over its draft surrogacy bill. Dr Manisha Gupte of Pune-based NGO Masum told Times Of India, "It's good that a regulation has come in, but the problem is that it doesn't boost the rights of women in any way." She felt little thought had been spared for the woman in midst of a surrogacy. "It isn't really empowering women that surrogacy is now restricted to relatives. No thought seems to have been given to how the woman's life will pan out after the surrogacy. After all, giving up a child isn't the same as giving blood. So, what happens when she goes back home? How does society react to her?" said Dr Gupte, who has been associated with the women's rights movement for decades.

 

The bill, she said, seemed "patriarchal" and "homophobic".

 

However, the government is adamant and said last year that it is open to incorporating suggestions but insisted that some of the key provisions of the Bill, including putting a stop to abandonment of children and exploitation of women, are "non-negotiable"

 

"Non-negotiable is exploitation of women should not happen, abandonment of children should not take place," Health Minister J P Nadda said.