Surrogacy in INDIA
DRAFT LAW :
In India, commercial surrogacy was made legal in 2002. First of all, finding a woman who can be a surrogate (at a fair cost) can be a stressful job.
A young, fit woman willing for surrogacy at a low cost is difficult to find. One may pick up acquaintances list and find one or go for an agency. Agreed, acquaintance can take the money-problem out which many agencies impose but what about your embarrassment when having to disclose infertility to your acquaintance? What about legal framework? In some places, there are high chances of not employing a woman as surrogate. Okay, where are the qualified doctors? Last but not the least-Clinic charges. Can you manage?
India has an answer to every question. One of the reasons why people flock to India for surrogacy is favorable legal environment.
Surrogacy is not new to India. It started long back. Biological science and advanced techniques developed and the barrier of enjoying parenthood is no more. Over the years, this practice is supposed to become more convenient-Experts say.
Surrogacy is banned in some countries due to several reasons. In some places, the legal framework is complicated. In India, the surrogate and parents have to sign legal agreement(s) with the help of a professional lawyer. The signed agreement would put parents to take care of all medical expenses. It would put them to pay money for the surrogate either in advance or later. It would make surrogate relinquish all parental rights after the birth of child. Parents seeking surrogacy are not supposed to change their mind once procedure begins. And here is the good news.
Initiative to introduce a bill for regulating surrogacy has been taken in India.
About the bill:
This bill was introduced by an individual of parliament and is not government sponsored. Deals with surrogacy arrangements. Nothing with Assisted Reproductive Technology.
States that a foreign couple can have commercial surrogacy arrangements if they have an appointed guardian.
Has no discussion of ART banks.
States that the couple has to offer insurance for surrogate
Gives a green signal for surrogacy for gay couples.
The government sponsored ART bill is still with the legislative department as of now. There is no news as checked about the date it will be introduced. Some said the bill will be introduced in winter session of parliament in 2014.
No news. No news. Let’s hope for better.