15d72016 AIJJS _77-88.pdf - Surrogacy How far new laws...

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77; AIJJS SURROGACY: HOW FAR NEW LAWS SUCCESSFUL IN COMBATING ISSUES IN REGARDS TO SURROGATE MOTHER AND THE CHILD DR. SANTOSH KUMAR 1 MR. TUSHAR VED SAXENA ABSTRACT Surrogacy is an arrangement where a surrogate mother bears and delivers a child for another couple or person. 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. Many infertile couples from all over the World come to India for surrogacy since commercial surrogacy is legal in India. Although this arrangement appears to be beneficial for all parties concerned, there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. It is currently estimated to be a $2-billion industry 2 . Before November 2015, when the government imposed a ban, foreigners accounted for 80 per cent of surrogacy births in the country. This is because most countries, barring a few such as Russia, Ukraine and some U.S. states, do not permit commercial surrogacy. Many countries in Europe have completely prohibited surrogacy arrangements, both to protect the reproductive health of the surrogate mother as well as the future of the newborn child. 1. INTRODUCTION The first scientifically documented test tube baby in India was born in 1986 and India legalized surrogacy in 2002. Supreet Sidhu quoted that the next decade saw mushrooming 1. Asst. Prof, Amity Law School, Noida 2. Editorial, “why surrogacy is necessary”, The Hindu, August 20, 2016
AIJJS; 78 3. Supreet Sidhu, Commercial surrogacy and lack of Regulations: comparative study, Lampert Publications,1st edit 2007 4. Editorial, Draft surrogacy bill violates fundamental right of people to choose modes of parenthood, The Indian Express, Aug 27,2016 5. DrMrsKaushalv.UOI SCC 2015BOM 8052 of IVF clinics in the country and India earned the tag of the ‘surrogacy capital’ of the world. In 2012, surrogacy tourism in India was valued at approximately $500 million annually 3 . Anand in Gujarat with its countless IVF clinics and ready availability of surrogates emerged as Ground Zero for Surrogacy for childless foreign couples. The domestic factors that attributed towards the creation of a surrogacy market in India were poverty, relatively low medical costs, skilled medical personnel and laxity in laws. Clinics charged patients between $10,000 and $28,000 for the complete package, including fertilization, the surrogate’s fee, and delivery of the baby at a hospital, which is believed to be just one third of the total cost for similar procedure to be carried out in UK 4 . The procedure required to be followed by the foreign childless couple for surrogacy is fairly simple. They need to register with the Indian embassy, get documents from their doctor saying that they are unable to have a child and carry a medical visa.

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