Surrogacy in India - Revision history

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	{{Short description\|Policies, rules, and laws governing surrogacy in India}}		{{Short description\|Policies, rules, and laws governing surrogacy in India}}
	{{Multiple issues\|		{{Multiple issues\|
	~~{{Update\|inaccurate=yes\|date=April 2019}}~~
	{{context\|date=January 2019}}		{{context\|date=January 2019}}
	{{Cleanup rewrite\|date=September 2019}}		{{Cleanup rewrite\|date=September 2019}}
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	{{Use Indian English\|date=June 2015}}		{{Use Indian English\|date=June 2015}}
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	In 2009 in ''Jan Balaz v. Anand Municipality and ors.'',<ref>{{Cite journal \|date=11 November 2009 \|title= Jan Balaz v. Anand Municipality and others\| journal=SCC OnLine Guj \|url=https://www.scconline.com \|pages=10446\|access-date=22 September 2019}}</ref> the [[Gujarat High Court]] conferred [[Indian nationality law\|Indian citizenship]] on two twin babies fathered through compensated surrogacy by a German national in [[Anand district]].<ref>{{cite news \| last = Express News Service \| author-link = Express News (Pakistan) \| title = HC confers Indian citizenship on twins fathered through surrogacy \| url = http://www.indianexpress.com/news/hc-confers-indian-citizenship-on-twins-fathered-through-surrogacy/540419/ \| work = [[The Indian Express]] \| location = Ahmedabad \| date = 12 November 2009 \| access-date = 18 November 2009 \| archive-url = https://web.archive.org/web/20100105054632/http://www.indianexpress.com/news/hc-confers-indian-citizenship-on-twins-fathered-through-surrogacy/540419/ \| archive-date = 5 January 2010 \| url-status = live }}</ref> The court observed: "We are primarily concerned with the rights of two newborn, innocent babies, much more than the rights of the biological parents, surrogate mother, or the donor of the [[Ovum\|ova]]. Emotional and legal relationship of the babies with the surrogate mother and the donor of the ova is also of vital importance." The court considered the surrogacy laws of countries like Ukraine, Japan, and the United States.		In 2009 in ''Jan Balaz v. Anand Municipality and ors.'',<ref>{{Cite journal \|date=11 November 2009 \|title= Jan Balaz v. Anand Municipality and others\| journal=SCC OnLine Guj \|url=https://www.scconline.com \|pages=10446\|access-date=22 September 2019}}</ref> the [[Gujarat High Court]] conferred [[Indian nationality law\|Indian citizenship]] on two twin babies fathered through compensated surrogacy by a German national in [[Anand district]].<ref>{{cite news \| last = Express News Service \| author-link = Express News (Pakistan) \| title = HC confers Indian citizenship on twins fathered through surrogacy \| url = http://www.indianexpress.com/news/hc-confers-indian-citizenship-on-twins-fathered-through-surrogacy/540419/ \| work = [[The Indian Express]] \| location = Ahmedabad \| date = 12 November 2009 \| access-date = 18 November 2009 \| archive-url = https://web.archive.org/web/20100105054632/http://www.indianexpress.com/news/hc-confers-indian-citizenship-on-twins-fathered-through-surrogacy/540419/ \| archive-date = 5 January 2010 \| url-status = live }}</ref> The court observed: "We are primarily concerned with the rights of two newborn, innocent babies, much more than the rights of the biological parents, surrogate mother, or the donor of the [[Ovum\|ova]]. Emotional and legal relationship of the babies with the surrogate mother and the donor of the ova is also of vital importance." The court considered the surrogacy laws of countries like Ukraine, Japan, and the United States.

	Because India does not offer [[dual citizenship]],<ref>{{cite news \| last = Nagarajan \| first = Rema \| title = OCI just a recognition of Indian roots: Vayalar \| url = http://timesofindia.indiatimes.com/india/OCI-just-a-recognition-of-Indian-roots-Vayalar/articleshow/2038243.cms \| work = [[The Times of India]] \| date = 29 September 2006 \| access-date = 24 May 2017 \| archive-url = https://web.archive.org/web/20160327193917/http://timesofindia.indiatimes.com/india/OCI-just-a-recognition-of-Indian-roots-Vayalar/articleshow/2038243.cms \| archive-date = 27 March 2016 \| url-status = live }}</ref> the children will have to convert to [[Indian nationality law#Overseas citizenship ~~of India~~\|Overseas Citizenship of India]] if they also hold non-Indian citizenship.<ref>''See'':		Because India does not offer [[dual citizenship]],<ref>{{cite news \| last = Nagarajan \| first = Rema \| title = OCI just a recognition of Indian roots: Vayalar \| url = http://timesofindia.indiatimes.com/india/OCI-just-a-recognition-of-Indian-roots-Vayalar/articleshow/2038243.cms \| work = [[The Times of India]] \| date = 29 September 2006 \| access-date = 24 May 2017 \| archive-url = https://web.archive.org/web/20160327193917/http://timesofindia.indiatimes.com/india/OCI-just-a-recognition-of-Indian-roots-Vayalar/articleshow/2038243.cms \| archive-date = 27 March 2016 \| url-status = live }}</ref> the children will have to convert to [[Indian nationality law#Overseas citizenship\|Overseas Citizenship of India]] if they also hold non-Indian citizenship.<ref>''See'':
	*{{cite web \| title = Overseas Citizenship of India (OCI) \| url = http://mha.nic.in/uniquepage.asp?Id_Pk=553 \| website = mha.nic.in \| publisher = [[Ministry of Home Affairs (India)\|Ministry of Home Affairs, Government of India]] \| access-date = 18 November 2009 \| archive-url = https://web.archive.org/web/20090926231018/http://mha.nic.in/uniquepage.asp?Id_Pk=553 \| archive-date = 26 September 2009 \| url-status = dead }}		*{{cite web \| title = Overseas Citizenship of India (OCI) \| url = http://mha.nic.in/uniquepage.asp?Id_Pk=553 \| website = mha.nic.in \| publisher = [[Ministry of Home Affairs (India)\|Ministry of Home Affairs, Government of India]] \| access-date = 18 November 2009 \| archive-url = https://web.archive.org/web/20090926231018/http://mha.nic.in/uniquepage.asp?Id_Pk=553 \| archive-date = 26 September 2009 \| url-status = dead }}
	*{{cite web \| title = Diaspora Services: Overseas Citizenship of India Scheme \| url = http://www.moia.gov.in/services.aspx?id1=35&id=m3&idp=35&mainid=23 \| website = moia.gov.in \| publisher = [[Ministry of Overseas Indian Affairs\|The Ministry of Overseas Indian Affairs (MOIA), Government of India]] \| url-status = dead \| archive-url = https://web.archive.org/web/20120504131659/http://moia.gov.in/services.aspx?id1=35&id=m3&idp=35&mainid=23 \| archive-date = 4 May 2012 \| df = dmy-all }}		*{{cite web \| title = Diaspora Services: Overseas Citizenship of India Scheme \| url = http://www.moia.gov.in/services.aspx?id1=35&id=m3&idp=35&mainid=23 \| website = moia.gov.in \| publisher = [[Ministry of Overseas Indian Affairs\|The Ministry of Overseas Indian Affairs (MOIA), Government of India]] \| url-status = dead \| archive-url = https://web.archive.org/web/20120504131659/http://moia.gov.in/services.aspx?id1=35&id=m3&idp=35&mainid=23 \| archive-date = 4 May 2012 \| df = dmy-all }}
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	{{LGBT in India}}		{{LGBT in India}}
	~~{{Indian legislation}}~~
	{{Assisted reproductive technology}}		{{Assisted reproductive technology}}
	{{parenting}}		{{parenting}}

imported>Jasmine Primrose: Added wikilink

2021-03-03T23:54:16Z

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{{Short description|Policies, rules, and laws governing surrogacy in India}}
{{Multiple issues|
{{Update|inaccurate=yes|date=April 2019}}
{{context|date=January 2019}}
{{Cleanup rewrite|date=September 2019}}
}}
{{Use Indian English|date=June 2015}}
{{Use dmy dates|date=June 2015}}
'''Surrogacy in India''' and Indian surrogates became increasingly popular amongst intended parents in industrialised nations because of the relatively low costs and easy access offered by Indian surrogacy agencies.<ref>{{Cite journal |last=Shetty |first=Priya |date=10 November 2018 |title=India's unregulated surrogacy industry |url=https://www.thelancet.com/pdfs/journals/lancet/PIIS0140-6736(12)61933-3.pdf |journal=World Report |volume=380 |pages=1663–1664}}</ref> 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.<ref>{{Cite web|url=https://fightyourinfertility.com/5537/16-things-know-ivf-treatment|title=16 Things You Should Know About IVF Treatment|date=2016-01-22|website=Fight Your Infertility|access-date=2019-03-27|archive-url=https://web.archive.org/web/20190327210214/https://fightyourinfertility.com/5537/16-things-know-ivf-treatment|archive-date=27 March 2019|url-status=live}}</ref> Including the costs of flight tickets, medical procedures and hotels, this represented roughly a third of the price of the procedure in the UK and a fifth of that in the US.<ref name="kannan">Kannan, Shilpa. [http://news.bbc.co.uk/2/hi/business/7935768.stm "Regulators Eye India's Surrogacy Sector"] {{Webarchive|url=https://web.archive.org/web/20100406080744/http://news.bbc.co.uk/2/hi/business/7935768.stm |date=6 April 2010 }}. India Business Report, BBC World. Retrieved March 23, 2009.</ref><ref>''See'':
*{{cite news|url = http://www.smh.com.au/news/world/indias-baby-farm/2008/01/05/1198950126650.html|title = India's baby farm|work = [[The Sun-Herald]]|date = 6 January 2008|access-date = 6 January 2008|archive-url = https://web.archive.org/web/20080107074042/http://www.smh.com.au/news/world/indias-baby-farm/2008/01/05/1198950126650.html|archive-date = 7 January 2008|url-status = live}}
*{{cite news | last = The Associated Press | author-link = Associated Press | title = Indian women carrying babies for well-off buyers, 'Wombs for rent' pleases women and customers, but raises ethical questions | url = http://www.cbc.ca/news/technology/indian-women-carrying-babies-for-well-off-buyers-1.681951 | work = [[CBC News]] | publisher = [[Canadian Broadcasting Corporation]] | date = 31 December 2007 | access-date = 24 May 2017 | archive-url = https://web.archive.org/web/20160813144846/http://www.cbc.ca/news/technology/indian-women-carrying-babies-for-well-off-buyers-1.681951 | archive-date = 13 August 2016 | url-status = live }}
*{{cite news | last = The Associated Press | author-link = Associated Press | title = Business is booming for India commercial surrogacy program | url = http://www.abqtrib.com/news/2007/dec/31/business-booming-india-commercial-surrogacy-progra | work = [[The Albuquerque Tribune]] | location = New Mexico | date = 31 December 2007 | url-status = dead | archive-url = https://web.archive.org/web/20080209200802/http://www.abqtrib.com/news/2007/dec/31/business-booming-india-commercial-surrogacy-progra/ | archive-date = 9 February 2008 | df = dmy-all }}
*{{cite news | last = Staff writer | title = Paid surrogacy driven underground in Canada | url = http://www.cbc.ca/news/technology/paid-surrogacy-driven-underground-in-canada-cbc-report-1.691254 | work = [[CBC News]] | publisher = [[Canadian Broadcasting Corporation]] | date = 2 May 2007 | access-date = 24 May 2017 | archive-url = https://web.archive.org/web/20170425024651/http://www.cbc.ca/news/technology/paid-surrogacy-driven-underground-in-canada-cbc-report-1.691254 | archive-date = 25 April 2017 | url-status = live }}</ref> Surrogate mothers received medical, nutritional and overall health care through surrogacy agreements.<ref>{{cite news | last = Kannan | first = Shilpa | title = Regulators eye India's surrogacy sector | url = http://news.bbc.co.uk/2/hi/business/7935768.stm | work = [[India Business Report]] | publisher = [[BBC World News|BBC World]] | date = 18 March 2009 | access-date = 18 November 2009 | archive-url = https://web.archive.org/web/20100406080744/http://news.bbc.co.uk/2/hi/business/7935768.stm | archive-date = 6 April 2010 | url-status = live }}</ref><ref>{{cite news | last = The Associated Press | author-link = Associated Press | title = Indian women carrying babies for well-off buyers, 'Wombs for rent' pleases women and customers, but raises ethical questions | url = http://www.cbc.ca/news/technology/indian-women-carrying-babies-for-well-off-buyers-1.681951 | work = [[CBC News]] | publisher = [[Canadian Broadcasting Corporation]] | date = 31 December 2007 | access-date = 24 May 2017 | archive-url = https://web.archive.org/web/20160813144846/http://www.cbc.ca/news/technology/indian-women-carrying-babies-for-well-off-buyers-1.681951 | archive-date = 13 August 2016 | url-status = live }}</ref>

In 2005, the government approved the 2002 draft of the National Guidelines for the Accreditation, Supervision and Regulation of ART Clinics in India, in 2002.<ref name ="TimmsOlinda2018"/> Before commercial surrogacy was banned in 2015, [[India]] was a popular destination for surrogacy. The economic scale of surrogacy in India is unknown, but study backed by the United Nations in July 2012 estimated the business at more than $400 million a year, with over 3,000 fertility clinics across India.<ref>{{cite news | last1 = Bhalla | first1 = Nita | last2 = Thapliyal | first2 = Mansi | title = India seeks to regulate its booming surrogacy industry | url = http://www.medscape.com/viewarticle/811861?nlid=35152_2043&src=wnl_edit_medn_obgy&uac=149266AJ&spon=16 | work = [[Medscape]] | publisher = [[Reuters|Reuters Health Information]] | date = 30 September 2013 | access-date = 6 October 2013 | archive-date = 16 February 2021 | archive-url = https://web.archive.org/web/20210216032201/https://www.medscape.com/viewarticle/811861?nlid=35152_2043&src=wnl_edit_medn_obgy&uac=149266AJ&spon=16 | url-status = live }}</ref>

In 2013, surrogacy by foreign homosexual couples and single parents was banned.<ref>{{Cite news|url=https://www.telegraph.co.uk/news/worldnews/asia/india/9811222/India-bans-gay-foreign-couples-from-surrogacy.html|title=India bans gay foreign couples from surrogacy|journal=Daily Telegraph|date=2013-01-18|access-date=2019-03-27|issn=0307-1235|archive-url=https://web.archive.org/web/20190327195336/https://www.telegraph.co.uk/news/worldnews/asia/india/9811222/India-bans-gay-foreign-couples-from-surrogacy.html|archive-date=27 March 2019|url-status=live}}</ref> In 2015, the government banned commercial surrogacy in India and permitted entry of embryos only for research purposes.<ref name ="TimmsOlinda2018">{{Cite journal|last=Timms|first=Olinda|date=5 March 2018|editor-last=Ghoshal|editor-first=Rakhi|title=Ending commercial surrogacy in India: significance of the Surrogacy (Regulation) Bill, 2016|journal=[[Indian Journal of Medical Ethics]]|volume=3|issue=2|pages=99–102|doi=10.20529/IJME.2018.019|pmid=29550749}}</ref> Shortly thereafter in 2016, a Surrogacy (Regulation) Bill<ref name="auto4">{{Cite web |url=http://www.prsindia.org/billtrack/surrogacy-regulation-bill-2016 |title=The Surrogacy Regulation Bill (No. 257), 2016 |date=20 September 2019 |website=PRS Legislative Research |access-date=20 September 2019 |archive-url=https://web.archive.org/web/20190420083853/https://www.prsindia.org/billtrack/surrogacy-regulation-bill-2016 |archive-date=20 April 2019 |url-status=live }}</ref> was introduced and passed by [[Lok Sabha]], the lower house of the Indian parliament, proposing to permit only heterosexual Indian couples married for at least five years with infertility problems to access altruistic or unpaid surrogacy and thereby further banning commercial surrogacy.<ref name="auto1">{{Cite news |url=https://www.thehindubusinessline.com/news/national/lok-sabha-passes-surrogate-bill/article25781949.ece |title=Lok Sabha passes Surrogacy Bill |date=19 December 2018 |work=The Hindu Business Online |access-date=20 September 2019 |archive-date=16 February 2021 |archive-url=https://web.archive.org/web/20210216032201/https://www.thehindubusinessline.com/news/national/lok-sabha-passes-surrogate-bill/article25781949.ece |url-status=live }}</ref> The 2016 bill lapsed owing to the adjournment ''sine die'' of the parliament session.<ref name="auto3">{{Cite news |url=https://www.firstpost.com/india/explained-citizenship-amendment-bill-triple-talaq-bill-among-46-draft-laws-set-to-lapse-as-parliament-adjourns-sine-die-6082661.html |title=Explained: Citizenship (Amendment) Bill, triple talaq bill among 46 draft laws set to lapse as Parliament adjourns sine die |last=Srivastava |first=Ananya |date=14 February 2019 |work=Firstpost |access-date=20 September 2019 |archive-url=https://web.archive.org/web/20190531130550/https://www.firstpost.com/india/explained-citizenship-amendment-bill-triple-talaq-bill-among-46-draft-laws-set-to-lapse-as-parliament-adjourns-sine-die-6082661.html |archive-date=31 May 2019 |url-status=live }}</ref> The bill was reintroduced and passed by the Lok Sabha in 2019.<ref name="2019bill">{{Cite web |url=https://www.prsindia.org/billtrack/surrogacy-regulation-bill-2019 |title=The Surrogacy (Regulation) Bill (No. 156), 2019 |website=PRS Legislative Research |access-date=20 September 2019}}</ref><ref name="auto2">{{Cite news |url=https://www.thehindu.com/news/national/lok-sabha-passes-surrogacy-bill/article28824277.ece |title=Lok Sabha passes Surrogacy (Regulation) Bill |date=5 August 2019 |work=The Hindu |access-date=20 September 2019}}</ref> The bill would require to be passed by the [[Rajya Sabha]], upper house of the Indian parliament and presidential assent before it becomes an act and thereby a law.<ref name="auto">{{Cite news |url=https://www.livemint.com/mint-lounge/features/the-abolition-of-choice-1568972678261.html |title=The abolition of choice |last=Bhandare |first=Namita |date=20 September 2019 |work=LiveMint |access-date=20 September 2019}}</ref>

==Judicial pronouncements==

===''Baby Manji Yamada v. Union of India'' (2008)===
In 2008, a baby (Manji Yamada) born through surrogacy was unable to leave India for three months after her birth because she held neither Indian nor Japanese nationality. The case came before the [[Supreme Court of India]].<ref>{{Cite journal |date=29 September 2008 |title=Baby Manji Yamada v. Union of India and another |url=https://www.scconline.com/ |journal=Supreme Court Cases |volume=13 |pages=518 |access-date=22 September 2019}}</ref> The issue was resolved after the Japanese government issued a one-year visa to her on humanitarian grounds. The Japanese government issued the visa after the Indian government granted the baby a travel certificate in September 2008 in line with a Supreme Court direction.<ref>{{cite news | last = Yamada | first = Manji | title = India-born surrogate baby arrives to unite with Japanese dad | url = http://zeenews.india.com/news/nation/india-born-surrogate-baby-arrives-to-unite-with-japanese-dad_480751.html | work = [[Zee News]] | date = 3 November 2008 | access-date = 6 October 2013 | archive-url = https://web.archive.org/web/20140523035659/http://zeenews.india.com/news/nation/india-born-surrogate-baby-arrives-to-unite-with-japanese-dad_480751.html | archive-date = 23 May 2014 | url-status = live }}</ref>

===''Jan Balaz v. Anand Municipality and ors.'' (2009)===
In 2009 in ''Jan Balaz v. Anand Municipality and ors.'',<ref>{{Cite journal |date=11 November 2009 |title= Jan Balaz v. Anand Municipality and others| journal=SCC OnLine Guj |url=https://www.scconline.com |pages=10446|access-date=22 September 2019}}</ref> the [[Gujarat High Court]] conferred [[Indian nationality law|Indian citizenship]] on two twin babies fathered through compensated surrogacy by a German national in [[Anand district]].<ref>{{cite news | last = Express News Service | author-link = Express News (Pakistan) | title = HC confers Indian citizenship on twins fathered through surrogacy | url = http://www.indianexpress.com/news/hc-confers-indian-citizenship-on-twins-fathered-through-surrogacy/540419/ | work = [[The Indian Express]] | location = Ahmedabad | date = 12 November 2009 | access-date = 18 November 2009 | archive-url = https://web.archive.org/web/20100105054632/http://www.indianexpress.com/news/hc-confers-indian-citizenship-on-twins-fathered-through-surrogacy/540419/ | archive-date = 5 January 2010 | url-status = live }}</ref> The court observed: "We are primarily concerned with the rights of two newborn, innocent babies, much more than the rights of the biological parents, surrogate mother, or the donor of the [[Ovum|ova]]. Emotional and legal relationship of the babies with the surrogate mother and the donor of the ova is also of vital importance." The court considered the surrogacy laws of countries like Ukraine, Japan, and the United States.

Because India does not offer [[dual citizenship]],<ref>{{cite news | last = Nagarajan | first = Rema | title = OCI just a recognition of Indian roots: Vayalar | url = http://timesofindia.indiatimes.com/india/OCI-just-a-recognition-of-Indian-roots-Vayalar/articleshow/2038243.cms | work = [[The Times of India]] | date = 29 September 2006 | access-date = 24 May 2017 | archive-url = https://web.archive.org/web/20160327193917/http://timesofindia.indiatimes.com/india/OCI-just-a-recognition-of-Indian-roots-Vayalar/articleshow/2038243.cms | archive-date = 27 March 2016 | url-status = live }}</ref> the children will have to convert to [[Indian nationality law#Overseas citizenship of India|Overseas Citizenship of India]] if they also hold non-Indian citizenship.<ref>''See'':
*{{cite web | title = Overseas Citizenship of India (OCI) | url = http://mha.nic.in/uniquepage.asp?Id_Pk=553 | website = mha.nic.in | publisher = [[Ministry of Home Affairs (India)|Ministry of Home Affairs, Government of India]] | access-date = 18 November 2009 | archive-url = https://web.archive.org/web/20090926231018/http://mha.nic.in/uniquepage.asp?Id_Pk=553 | archive-date = 26 September 2009 | url-status = dead }}
*{{cite web | title = Diaspora Services: Overseas Citizenship of India Scheme | url = http://www.moia.gov.in/services.aspx?id1=35&id=m3&idp=35&mainid=23 | website = moia.gov.in | publisher = [[Ministry of Overseas Indian Affairs|The Ministry of Overseas Indian Affairs (MOIA), Government of India]] | url-status = dead | archive-url = https://web.archive.org/web/20120504131659/http://moia.gov.in/services.aspx?id1=35&id=m3&idp=35&mainid=23 | archive-date = 4 May 2012 | df = dmy-all }}
*{{cite web | title = What is the basic difference between an NRI/PIO/PIO Card Holder and an OCI? | url = http://www.oifc.in/faqs.asp | website = oifc.in | publisher = [[Overseas Indian Facilitation Centre]] | access-date = 19 November 2009 | archive-url = https://web.archive.org/web/20091216051826/http://www.oifc.in/faqs.asp | archive-date = 16 December 2009 | url-status = live }} A not for profit public private initiative of [[Ministry of Overseas Indian Affairs|The Ministry of Overseas Indian Affairs (MOIA)]] and [[Confederation of Indian Industry|Confederation of Indian Industry (CII)]], was launched on 28 May 2007.</ref> Balaz, the petitioner, submitted before the Supreme Court that he shall be submitting his passports before the Indian Consulate in Berlin. He also agreed that a NGO in Germany shall respond back to India on the status of the children and their welfare. The Union of India responded that India shall make all attempts to have the children sent to Germany. German authorities have also agreed to reconsider the case if approached by the Indian.<ref>{{cite web | title = Kerla State allows maternity leave for parents through surrogacy (blog) | url = http://blog.indiansurrogacylaw.com | website = blog.indiansurrogacylaw.com | publisher = Indian Surrogacy Law Centre | date = 30 January 2016 | access-date = 20 September 2019 | archive-url = https://web.archive.org/web/20090806081457/http://blog.indiansurrogacylaw.com/ | archive-date = 6 August 2009 | url-status = live }}</ref>

In May 2010, the Balaz twins were provided the exit and entry documents that allowed them to
leave India for Germany. The parents agreed to adopt them in Germany according to German rules.<ref>{{cite journal | last = Ergas | first = Yasmine | title = Babies without borders: human rights, human dignity, and the regulation of international commercial surrogacy | journal = [[Emory International Law Review]] | volume = 27 | issue = 1 | pages = 117–188 | date = 2013 | url = http://law.emory.edu/eilr/content/volume-27/issue-1/articles/babies-without-borders.html | access-date = 24 May 2017 | archive-url = https://web.archive.org/web/20170414222908/http://law.emory.edu/eilr/content/volume-27/issue-1/articles/babies-without-borders.html | archive-date = 14 April 2017 | url-status = live }} [http://law.emory.edu/eilr/_documents/volumes/27/1/articles/ergas.pdf Pdf.] {{Webarchive|url=https://web.archive.org/web/20180517015926/http://law.emory.edu/eilr/_documents/volumes/27/1/articles/ergas.pdf |date=17 May 2018 }}</ref>

== Surrogacy risk and conditions in ==
According to ''The Guardian'', a surrogate mother died because she didn't get the proper medical attention.<ref name="Guardian_050612">{{Cite news|url=https://www.theguardian.com/commentisfree/2012/jun/05/india-surrogates-impoverished-die|title=India's surrogate mothers are risking their lives. They urgently need protection|last=Desai|first=Kishwar|date=5 June 2012|work=[[The Guardian]]|access-date=16 June 2016|archive-url=https://web.archive.org/web/20160505210111/http://www.theguardian.com/commentisfree/2012/jun/05/india-surrogates-impoverished-die|archive-date=5 May 2016|url-status=live}}</ref> Conservative estimates show that more than 25,000 children are now being born through surrogates in India every year in an industry worth $2 billion.<ref name="Guardian_050612" /> Domestic demand is increasing, but as fertility levels drop elsewhere, at least 50% of these are "commissioned" by overseas, mainly western, couples.<ref name="Guardian_050612" /> Most of the industry is operating unchecked. India's medical research watchdog drafted regulations more than two years ago, yet they still await presentation in parliament, leaving the surrogates and baby factories open to abuse.<ref name="Guardian_050612" /> According to Dr. Manish Banker, from the Pulse Women's Hospital and Dr. Yugal Kishore Upadhyay from IAS Medicare reported to come back on a patient, "She suddenly had a convulsion and fell on the floor," he said. "We immediately took her for treatment. Since she was showing signs of distress, we conducted an emergency cesarean section delivery."<ref name="Guardian_050612" />

===Indian Council for Medical Research guidelines===
The [[Indian Council for Medical Research]] has given guidelines in the year 2002, approved by the government in 2005, regulating Assisted Reproductive Technology procedures.<ref name ="TimmsOlinda2018"/> The Law Commission of India submitted the 228th report on Assisted Reproductive Technology procedures discussing the importance and need for surrogacy, and also the steps taken to control surrogacy arrangements. The following observations had been made by the Law Commission:

*Surrogacy arrangement will continue to be governed by contract amongst parties, which will contain all the terms requiring consent of surrogate mother to bear child, agreement of her husband and other family members for the same, medical procedures of artificial insemination, reimbursement of all reasonable expenses for carrying child to full term, willingness to hand over the child born to the commissioning parent(s), etc. But such an arrangement should not be for commercial purposes.
*A surrogacy arrangement should provide for financial support for surrogate child in the event of death of the commissioning couple or individual before delivery of the child, or divorce between the intended parents and subsequent willingness of none to take delivery of the child.
*A surrogacy contract should necessarily take care of life insurance cover for surrogate mother.
*One of the intended parents should be a donor as well, because the bond of love and affection with a child primarily emanates from biological relationship. Also, the chances of various kinds of child-abuse, which have been noticed in cases of adoptions, will be reduced. In case the intended parent is single, he or she should be a donor to be able to have a surrogate child. Otherwise, adoption is the way to have a child which is resorted to if biological (natural) parents and adoptive parents are different.
*Legislation itself should recognize a surrogate child to be the legitimate child of the commissioning parent(s) without there being any need for adoption or even declaration of guardian.
*The birth certificate of the surrogate child should contain the name(s) of the commissioning parent(s) only.
*Right to privacy of donor as well as surrogate mother should be protected.
*Sex-selective surrogacy should be prohibited.
*Cases of abortion should be governed by the Medical Termination of Pregnancy Act 1971 only.

==Proposed legislations==

===Assisted Reproductive Technology Bill, 2013===
The Assisted Reproductive Technology Bill, 2013 has been pending for quite a while and it has not been presented in the Indian Parliament. It will not allow commercial surrogacy that involves exchange of money for anything other than paying for medical expenses for the mother and the child.<ref>{{Cite web|url=https://www.indiawest.com/news/india/cabinet-approves-amendments-to-surrogacy-bill/article_47ca521e-2d48-11e8-9102-c7e671461a1c.html|title=Cabinet Approves Amendments to Surrogacy Bill|date=March 21, 2018|website=India West|access-date=14 September 2018|archive-url=https://web.archive.org/web/20180914061123/https://www.indiawest.com/news/india/cabinet-approves-amendments-to-surrogacy-bill/article_47ca521e-2d48-11e8-9102-c7e671461a1c.html|archive-date=14 September 2018|url-status=live}}</ref>

The bill would prohibit these from surrogacy: couples already having one child, foreigners or Overseas Citizens of India (OCI), holders as well as live-in-Partners, single people, homosexuals and widows. There has been significant criticism of the bill.<ref>{{Cite web |url=https://economictimes.indiatimes.com/news/politics-and-nation/surrogacy-bill-useless-without-art-bill-committee-to-rajya-sabha/articleshow/60011253.cms |title=Surrogacy Bill useless without ART Bill: Committee to Rajya Sabha, Prabha Raghavan, ET Bureau, Aug 11, 2017 |access-date=14 September 2018 |archive-url=https://web.archive.org/web/20180914061245/https://economictimes.indiatimes.com/news/politics-and-nation/surrogacy-bill-useless-without-art-bill-committee-to-rajya-sabha/articleshow/60011253.cms |archive-date=14 September 2018 |url-status=live }}</ref>

===Surrogacy (Regulation) Bill, 2016 and 2019===
In 2016, a Surrogacy (Regulation) Bill<ref name="auto4"/> was introduced and passed by [[Lok Sabha]], the lower house of the Indian parliament, proposing to permit only Indian heterosexual couples married for at least five years with infertility problems to access altruistic or unpaid surrogacy and thereby banning commercial surrogacy.<ref name ="2019bill"/><ref name="auto1"/> The 2016 bill lapsed owing to the adjournment ''sine die'' of the parliament session.<ref name="auto3"/> The bill was reintroduced and passed by the Lok Sabha in 2019.<ref name="2019bill"/><ref name="auto2"/> The bill would require to be passed by the [[Rajya Sabha]], upper house of the Indian parliament and presidential assent before it becomes an act and thereby a law.<ref name="auto"/>

==See also==
*[[Adrienne Arieff]]
*[[Fertility tourism]]
*[[Medical tourism in India]]
*[[Surrogacy]]

== Further reading ==
*{{cite journal | last = Peet | first = Jessica L. | title = A womb that is (not always) one's own: commercial surrogacy in a globalized world | journal = [[International Feminist Journal of Politics]] | volume = 18 | issue = 2 | pages = 171–189 | doi = 10.1080/14616742.2015.1103060 | date = 2016}}
*{{cite journal | last = Peterson | first = V. Spike | title = Rewriting (global) political economy as reproductive, productive, and virtual (Foucauldian) economies | journal = [[International Feminist Journal of Politics]] | volume = 4 | issue = 1 | pages = 1–30 | doi = 10.1080/14616740110116155 | date = 2002}}

==References==
{{Reflist}}

{{LGBT in India}}
{{Indian legislation}}
{{Assisted reproductive technology}}
{{parenting}}

[[Category:Maternity in India|Surrogacy]]
[[Category:Medical tourism]]
[[Category:Surrogacy]]
[[Category:LGBT rights in India]]
[[Category:Proposed laws of India]]
[[Category:Human rights in India]]