Outsourcing Pregnancy&The Concept of Surrogacy: Need for Effective Laws.
The surrogate mother market is million dollar market in India, about 500-1000 hospitals , offering special packages to attract foreign tourist opting Indian surrogate mother ,which is cost effective&cheap[10 -25 lakh],when compared to other country.
The city of Anand in Gujarat is well known medical tourist destination for surrogate mother market.In 2008,a study valued the assisted reproductive industry in India at $450 million a year speaks volumes of growth of surrogate mother market.
The new phenomena of commercial surrogacy has emerged in India.which is attracting lower and middle class women to rent their womb for commercial gains,they are being lured to carry some one else foetus for good amount of money,unmindful of dangerous health consequences.
- There is no comprehensive regulatory law in India to regulate the surrogate pregnancy and protect mother rights , since it was legalised in 2002 ,Assisted Reproductive Technology is pending before parliament.
- There is a need for international convention to regulate world wide surrogate market.
- There is no statutory body regulate the surrogate pregnancy,especially when foreigners opting Indian mothers as it is cost effective &cheaper for them.
- Surrogate mothers should be educated properly about health and social consequences before opting to become surrogate mother.There should restrict number of surrogate pregnancy for women ,to avoid complications and health hazards.
- The most agreement entered by both parties surrogate mother and commissioning parents are one sided version,while they ignore miscarriages and health consequences of surrogate mother.
- Only child centric agreement is made,the surrogate has no rights over the child after delivery.
- The heath professionals should be trained properly to handle the sensitive cases or issues like privacy of surrogate mother.
The ART Regulation Bill,prepared by the Indian Council of Medical Research(ICMR),proposes to restrict number of surrogate unto five and raising the age of donors to 21 yrs. The surrogate mother cannot be less than 21 years or over 35 years.