Sunday, July 22, 2012

Outsourcing Pregnancy&The Concept of Surrogacy: Need for Effective Laws.

Outsourcing Pregnancy&The Concept of Surrogacy: Need for Effective Laws. 

India is one of the hot destination for outsourcing of  IT &IT enabled services, taking advantage of India's cheap labour market ,Pregnancy is being outsourced to India for the same reasons like cheap surrogate market& cost effective hospitals.   

It is well known fact India is becoming health tourism destination for many foreigners ,especially Britain, France, the United States, Canada, Singapore, Japan, Australia, West Asia and Israel. 

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 under privilege class people suffer from unemployment,poverty, and vicious circle of debts,prompting them to earn quick bucks through unusual methods to overcome their financial crises ,during mid 19th  and early 20th  century people used  sell blood and vital body organs like kidney to yearn handsome amount from rich patients to overcome financials crises and poverty.

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. 

Moot points involved in the issue:

  • 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 proposed new ART bill :

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.

It will make it mandatory for all clinics involved in treating infertility through procedures like artificial insemination with husband's semen(AIH)or in-vitro fertilization-embryo transfer (IVF) to get registered in the country's maiden National Registry of ART clinics. 

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