TLI Surrogacy - Commercial gestational surrogacy in which a...

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Commercial gestational surrogacy, in which a woman is paid to have a baby to whom she hasno genetic link, is a growing trend in some countries such as Mexico and India.In most of the countries world over, the woman giving birth to a child is considered as the child's legal mother. However, in very few countries, the intended Parents are recognized as the legal parents from birth by the virtue of the fact that the surrogate has contracted to give the birth of the Child for the commissioned Parents.WHY IS INDIA PREFERRED FOR SURROGACY?After the first surrogate delivery in India in June 1994, India has steadily emerged as an international destination for commercial surrogacy. A study backed by the United Nations in July 2012 estimated the business at more than $400 million a year, with over 3,000 fertility clinics across India.Commercial surrogacy became legal in India in 2002. Relatively inexpensive medical facilities,know-how in reproductive technology, and the availability of women, largely from poor socio-economic situations and who are willing to take up the task, have aided the growth of surrogacy in India. The cost of the procedure in India is roughly a third of the price being charged in the UK and only around a fifth of what it costs in the United States.Indian clinics are at the same time becoming more competitive, not just in the pricing, but inthe hiring and retention of Indian females as surrogates. Moreover, the legal environment here is favourable. In fact, there is no law as such to governsurrogacy in India with the Artificial Reproductive Technique (ART) Bill, 2013, still pending with Parliament. The agreement between the parties decides on the legal fate of the procedure.ANAND-LEADING THE SURROGACY INDUSTRY IN INDIAAnand, a small district in Gujarat, has emerged as the surrogacy hub of India with surrogacy homes have coming up here providing a stay to the surrogates during the pregnancy period when she requires care and attention.

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