NCW to shed light on surrogate mothers' exploitation, rights

[Hindustani78]

Last Updated: Wednesday, October 14, 2015 - 19:26
NCW to shed light on surrogate mothers' exploitation, rights | Zee News

New Delhi: To deliberate upon the exploitation of surrogate mothers and discuss provisions to safeguard their rights, National Commission for Women (NCW) will hold a national consultation on Wednesday.

"Surrogacy in India is largely practised as commercial arrangement in absence of any statutory binding law and with draft Assisted Reproductive Technology Bill, 2010 revised as ART (Regulation) Bill, 2013, still under revision, commercial surrogacy is mainly unchecked.

"There is an absence of legal framework which becomes a ground for harassment and exploitation of women and children in the country," a senior NCW official said.

The national consultation on 'Surrogate Issues' will invite experts to discuss the provisions to safeguard the rights of women and children and socio-economic strategies to address the exploitation of surrogate mothers.

PTI

 

[silent hawk]

Once again a thread regarding rights of women in India.

 

[Hindustani78]

Blanket ban likely on NRIs, PIOs, foreigners having kids through surrogacy
New Delhi, Oct 15, 2015 (PTI)

A blanket ban may be imposed soon on NRIs, PIOs and foreigners having children through surrogacy in India with the Health Ministry and National Commission for Women today proposing it as part of a new legislation.

The Health Ministry, which had drafted a bill to deal with issues relating to surrogacy, has also agreed to suggestions by NCW to make legal provisions to allow single women including divorcees and widows to become surrogate mothers, besides setting up of a regulatory body.

At a national consultation on the Assisted Reproductive Technology (Regulation) Bill, the NCW and Health Ministry were in agreement that there should be a blanket ban on NRIs, PIOs (Persons of Indian Origins) and foreign nationals to have children through surrogacy in India.

NCW Chairperson Lalita Kumaramangalam said Health Ministry has decided to finalise the bill on surrogacy-related issues by November 15.

The consultation was attended by officials from Home Ministry, Women and Child Development Ministry, National Human Rights Commission and representatives of various states besides NCW and Health Ministry. The bill was first drafted in 2010 which was revised in 2013.

The Health Ministry has now sought public opinion on the bill before it could be finalised.
Kumarmangalam also said the Home Affairs has conveyed that it will make changes in the bill to make provisions on not to allow NRIs, PIOs, overseas Indians along with foreign nationals to have children though surrogacy.

"The bill that stands today says only 'Indians' will be allowed and not 'of Indian origin'. The Ministry of Home Affairs has clarified that they will make changes in the bill and there is going to be a blanket ban on all foreign nationals and NRIs, Overseas Citizens of India or Persons of India Origin," Kumarmangalam said.

Kumaramangalam also said NCW has asked Health Ministry to allow single women apart from married Indian women to go for surrogacy.

"This is very unfair to single women whether they are widow or divorced. It is in a way restricting their reproductive rights," she said.

The other recommendations by the Commission and experts include maintaining the anonymity of surrogate mothers and making provisions for intensive care and medical check-ups for surrogate mothers.

"Most of the surrogate mothers are poor women. They face several hardships during the process. These include ambiguous contracts, health concerns, exploitation by middle men or hospital authorities, lack of enforceability of contract by mothers due to their socio-economic vulnerability," she said.

Noting that unregulated surrogacy is leading to human trafficking, the NCW chief said that the new law will have provisions to deal with the problem.

As per NCW, around 30,000 illegal fertility clinics are operating in the country with majority of them being located in Gujarat, Maharashtra and Delhi.

"We don't want to become hub of surrogacy in the world. There are a huge number of women who are trapped into this. The increasing amount of unregulated surrogacy happening in India is causing various problems for mother and the child," she said.
She said India was emerging as a surrogacy hub across the world with a 17-20 per cent annual growth.

"This is a multi-billion dollar business in India and totally unlegislative field. There is no law expect few guidelines of ICMR which are not binding. It has been growing 17 to 20 per cent annually," she said.

The sudden increase in surrogacy has been due to comparatively low cost of medical services and easy availability of surrogate mothers and lack of laws to regulate it.

Once again a thread regarding rights of women in India.

Kumarmangalam also said the Home Affairs has conveyed that it will make changes in the bill to make provisions on not to allow NRIs, PIOs, overseas Indians along with foreign nationals to have children though surrogacy.

"The bill that stands today says only 'Indians' will be allowed and not 'of Indian origin'. The Ministry of Home Affairs has clarified that they will make changes in the bill and there is going to be a blanket ban on all foreign nationals and NRIs, Overseas Citizens of India or Persons of India Origin," Kumarmangalam said.

 

[silent hawk]

To me poverty in India is the main cause of this

 

[Hindustani78]

To me poverty in India is the main cause of this

Poverty is an issue in every country but this issue has other reasons.

 

[Hindustani78]

Foreigners can`t rent womb in India: Govt to tell SC | Zee News

Last Updated: Wednesday, October 28, 2015 - 10:02
New Delhi: The Centre will on Wednesday apprise the Supreme Court of banning commercial surrogacy in India.

The government will also inform the apex court that it won’t permit couples from foreign countries to have a child through surrogate mothers in India, says a report in The Times of India.

The Narendra Modi government held a high-level meeting and instructed solicitor general Ranjit Kumar to inform the SC that India will not be allowed to be turned into the surrogacy capital of the world.

Surrogacy will, however, still be available as an option to Indians to have a child, says the government. "The government of India does not support commercial surrogacy in any form," official sources told the daily.

The Supreme Court had earlier said that commercial surrogacy should not be allowed but was still going on unabated as 'business' in the country without any legal sanctity.

A bench comprising Justices Ranjan Gogoi and NV Ramana had expressed concern that various issues related to commercial surrogacy are not covered under the law but the practice was still continuing.

"Commercial surrogacy should not be allowed but it is going on in the country. You are allowing trading of human embryo. It is becoming a business and has evolved into surrogacy tourism," the bench, which refused to stay the 2013 notification, said.

The apex court had asked the government to bring commercial surrogacy within the ambit of law.

It had asked the government to clarify whether a woman who donates her egg in commercial surrogacy can be said to be the only mother or both surrogate and genetic mother can be said to be mothers of the child.

The bench had also asked the Centre whether commercial surrogacy amounts to economic and psychological exploitation of the surrogate mother and whether the practice is inconsistent with dignity of womanhood.

 

[Hindustani78]

Bombay HC stays Govt ban on surrogacy for foreign couples

In an interim order, the Bombay High Court has stayed a Government decision to ban surrogacy for foreign couples who have already reached the end of the process or are in the crucial stage of treatment.

The interim order was delivered on November 3 by vacation bench of Justice Ravi Deshpande on a petition filed by Dr Mrs Kaushal Kadam and some fertility clinics.

The petition had challenged a communication issued on October 27 by Indian Council for Medical Research addressed to all the doctors having fertility centers informing that as per the stand of Ministry of Health and Family Welfare, surrogacy will be limited to Indian married couples only and not to foreigners.

The communication requested the doctors not to entertain foreigners for availing surrogacy services in India.

The court ruled that the interim relief granted by it shall be restricted only to the cases which are in the midst of treatment for a period of 15 to 20 days.

The HC also asked the petitioners to disclose the details of such cases to the authorities in a sealed envelope and asked them not undertake the process of commissioning surrogacy in respect of foreign nationals which has not yet commenced.

The Judge, while posting the matter for hearing on December 15, also directed that such sealed covers would not be opened without prior permission of the Court.

Asking the Union Government to file an affidavit within four weeks, the HC rejected its contention that there was no urgency for hearing the matter.

"From the avernments made in the petition, it is apparent that petitioners are seeking protection in respect of the process which has already been completed and in cases where the process of commissioning of surrogacy has reached the crucial stage of 15 days ahead of menstrual cycle. They shall therefore be entitled for grant of interim relief," the judge held.

The court also observed that in case of making a change in policy by the Government, prior notices to the parties should have been given, which was not done in this case.

Surrogacy is a form of Assisted Reproductive Technology (ART) adopted by infertile couples who are unable to conceive a baby for various reasons. It is an arrangement where a woman lends her womb as surrogate mother for commissioning embryo of infertile couple or commissioning parents, the petition said.

The surrogate mother carries pregnancy which is genetically unrelated to her and her husband and develops embryo in her womb till delivery of a full grown child. The child, after delivery, is handed over to the genetic parents, according to the petition.

The judge said, "the imposition of complete ban on commercial surrogacy is a matter exclusively within the province of policy makers and it may be applauded. There would hardly be any scope for interference by the court in these matters."

"However, a sudden change in the policy should take into consideration the operation of the previous policy and the representation by the government to the public at large who were induced to take the benefit of it and have altered the position to their detriment," the judge observed.

The change in the policy with previous notice would be more desirable and in the absence of it the doctrine of legitimate expectation would operate to save the time, energy and cost spent and the physical and mental sufferings and pain undergone by the parties, the judge said while staying the ban on surrogacy for foreigners.

The court felt that such parties cannot be deprived of the ultimate benefits which they have sought to avail in accordance with the policy of the Government of India which was in force for a period of about 10 years.
The judge opined that the policy of banning commercial surrogacy can be more effective if it acts prospectively so as not to affect the commissioning of surrogacy which has reached the stage of completion.

"The preparatory steps to commission surrogacy consumes time, energy and cost apart from pain and suffering by the individuals. The complete process is required to be observed and monitored on day-to-day basis. Once such process is set in motion, it becomes very difficult to abandon or postpone it at the crucial stage. In such cases, extreme urgency is involved to protect the process from a sudden change in the policy," the judge noted.

The HC, therefore, rejected the contention of the Union Government and other respondents that no urgency is involved in the matter, so as to take the hearing during vacation and pass an interim order.

The HC said, "the Government of India is expected to fix the stages to which its ban shall not apply. Registration and Recognition of the fertility centers for the purpose of commissioning surrogacy at the instance of foreign nationals has not been cancelled or suspended. In such a situation, if this Court fails to interfere in the matter at the crucial stage, it shall result in travesty of justice."

The HC clarified that its order is being passed only to protect the cases of commissioning surrogacy which are at the crucial stage and it is not intended to grant a blanket protection in all cases of commissioning surrogacy.

"Without prejudice to the above, in any event, the impugned letter (of Indian Council for Medical Research) be quashed to the extent that it restrains the petitioners from completing already commissioned cases where the patient have executed the agreement or Visa has been issued and FRRO approval are obtained," the Judge said.

The HC held that the petitioners are permitted to complete the surrogacy process in respect of those patients who have already begun the surrogacy process.
It accepted the argument that irreparable loss and injury will be caused to the petitioners if the interim relief was not granted to them.

The court also rejected the contention of the Union Government that the petitioners (who are doctors having fertility centers) have no locus in the matter.

It may be a commercial venture, but in commercial matters also the principles of promissory estoppel and legitimate expectation can be invoked, the court said.

"The parties are vitally interested in concluding the process within the stipulated period. The contention of the learned counsel for the respondents that it is commercial interest of the petitioners who have no locus to file this suit is therefore rejected," said the Judge.

The HC also took note of the submission made by the respondents that as of this date there is no ban imposed by the Government of India on commercial surrogacy.

 

[Hindustani78]

Ministry of Health and Family Welfare
25-November, 2016 12:37 IST

Surrogacy

The Ministry of Home Affairs (MHA), vide letter No. 25022/74/2011-F-I dated 9th July, 2012 issued guidelines for circulation to the Mission in foreign countries, stipulating, inter-alia, that foreign nationals visiting India with a medical Visa only, can avail of surrogacy. Subsequently, the aforesaid guidelines were reiterated vide MHA’s letter No. 25022/74/2011-F-I dated 14th October, 2013.

The Ministry of Home Affairs and the Department of Health Research vide their letter No. 25022/74/2011-F-I (Vol. III) dated 3rd November, 2015 and V. 25011/119/2015-HR dated 4th November, 2015 respectively, issued guidelines to stop surrogacy to foreign nationals including Overseas Citizen of India (OCI) cardholders.

The Minister of State (Health and Family Welfare), Sh Faggan Singh Kulaste stated this in a written reply in the Lok Sabha here today.

*****

 

[Hindustani78]

Ministry of Health and Family Welfare
24-March, 2017 12:30 IST
Surrogacy

There are large numbers of clinics in the country offering surrogacy services. The Surrogacy (Regulation) Bill, 2016, introduced in the Lok Sabha on 21.11.2016, envisages provisions to govern surrogacy in India. Commissioning of surrogacy in India has been prohibited for foreigners, Persons of Indian Origin (PIOs) and Overseas Citizen of India (OCI) vide Ministry of Home Affairs’ Order No. 25022/74/2011-F-I (Vol.III) dated 3rd November, 2015.

The major objectives of the Surrogacy (Regulation) Bill, 2016 are to regulate surrogacy services in the country and to provide altruistic ethical surrogacy to the needy infertile Indian couples. The Surrogacy (Regulation) Bill, 2016 contains adequate provisions, inter alia, to safeguard the interests of surrogate mothers and children born through surrogacy in India.
The Minister of State (Health and Family Welfare), Smt Anupriya Patel stated this in a written reply in the Lok Sabha here today.

*****

 

[Hindustani78]

Ministry of Health and Family Welfare
04-August, 2017 13:13 IST
Surrogacy

With a view to putting a check and bring transparency in the use of surrogacy, the Government has recently introduced Surrogacy (Regulation) Bill, 2016 in the Lok Sabha, which stands referred to the Department Related Parliamentary Standing Committee on Health and Family Welfare.

As per clause (iii) b (II) of Section 4 contained in chapter 3 of the proposed Bill, no person other than a close relative of the intending couple shall act as a surrogate mother for altruistic purpose.

A letter No V.25011/119/2015-HR dated 04.11.2015, has been issued to all States/Union Territories with copy to the Ministry of External Affairs which, inter-alia, stipulates that no VISA should be issued by the Indian Missions/Posts to foreign nationals intending to visit India for commissioning Surrogacy.

The Minister of State (Health and Family Welfare), Smt Anupriya Patel stated this in a written reply in the Lok Sabha here today.

******

 

[Hindustani78]

Cabinet
21-March, 2018 20:24 IST
Cabinet approves moving official amendments in the "Surrogacy (Regulation) Bill, 2016"

The Union Cabinet chaired by Prime Minister Shri Narendra Modi has given its approval formovingofficial amendments in the "Surrogacy (Regulation) Bill, 2016".

The Surrogacy (Regulation) Bill, 2016 proposes to regulate surrogacy in India by establishing National Surrogacy Board at the central level and, State Surrogacy Boards and Appropriate Authorities in the States and Union Territories.

The proposed legislation ensures effective regulation of surrogacy, prohibit commercial surrogacy and allow altruistic surrogacy to the needy Indian infertile couples.

Once the Bill is enacted by the Parliament, the National Surrogacy Board will be constituted. The States and Union Territories shall constitute the State Surrogacy Board and State Appropriate Authorities within three months of the notification by the Central Government.

Major impact:

Once in effect, the Act will regulate the surrogacy services in the country and willcontrol the unethical practices in surrogacy, prevent commercialization of surrogacyand will prohibit potential exploitation of surrogate mothers and children born through surrogacy. While commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes, ethical surrogacy to the needy infertile couples will be allowed on fulfillment of certain conditions and for specific purposes.

All Infertile Indian married couple who want to avail ethical surrogacy will be benefitted. Further, the rights of surrogate mother and children born out of surrogacy will be protected.

The Bill shall apply to whole of India, except the State of Jammu and Kashmir.

Background:

India has emerged as a surrogacy hub for couples from different countries and there have been reported incidents concerning unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy and rackets of intermediaries importing human embryos and gametes. The 228th report of the Law Commission of India has recommended for prohibiting commercial surrogacy andallowing ethical altruistic surrogacy by enacting a suitable legislation.

The "Surrogacy (Regulation) Bill, 2016", was introduced in the Lok Sabha on the 21st day of November 2016 which was referred to the Parliamentary Standing Committeeon Health and Family Welfare on the 12th of January 2017.

The Parliamentary Standing Committee held various meetings with Stakeholders, Central Govt. Ministries / Department, NGO's, medical professionals, lawyers, researchers, commissioning parents and surrogate mothers for holding discussions and to receive their suggestions.

TheOne Hundred Second Report of the Departmental-Related Parliamentary Standing Committee on Health and Family Welfare on Surrogacy (Regulation) Bill,2016 was laid on the Table of the Rajya Sabha and simultaneously on the Table of the Lok Sabha on 10th of August, 2017.



****