UNDERSTANDING INDIA,s NEW

SURROGACY LAW (2016)

Dr. Sharda Jain Dr. Jyoti AgarwalDr. Jyoti BhaskarDr. Abhishek Parihar

Review this Lecture at:Slideshare.net :

Legal , Ethical & Medical Issue of Commercial SURROGACY PROGRAMME `in India…see our old PPT

DOCTORS DOING SURROGACY SHOULD WAKE UP !

DOCTORS WAKE UP !

DOCTORS DOING SURROGACY SHOULD WAKE UP !

Commercial Surrogacy in India is illegal now( 24/8/2016)

Cabinet meeting held on 24/8/2016 has approved the

NEW surrogacy bill. To be tabled in winter session of

Parliament

COMMERCIAL Outsourcing Pregnancy in INDIA

Through Gestational Surrogacy is now banned

SURROGACY • SURROGACY means a practice

whereby one woman bears and gives birth to a child for a couple with the intention of handing over the child to the intending couple after the birth

ALTRUISTIC SURROGACY• Altruistic surrogacy means surrogacy in

which no charge , expense, fees, remuneration or monetary incentive of whatever nature are given , except the medical expense incurred on the surrogate mother and the insurance coverage for the surrogate mom

COMMERCIAL SURROGACYCommercial surrogacy means

commercialization of surrogacy services or procedures, including selling or buying of human

embryo by way of giving monetary incentive in cash or kind , to the surrogate mother or her

dependents or representative , other than the medical expenses incurred and the insurance

coverage for the surrogate mother

• Surrogates in India earns up to Rs. 2,00,000- 4,00,000

• The surrogates in India are- usually from lower middleclass – so money is the primary motivator

• This Money helps them to buy a better home or even provide an education for their children

• Fulfillment of distant dreams if any

When Public perceptions were changing causing BIG BOOST to Financial Empowerment To secure a ‘better life’ for themselves and their families

What was still wrong in Surrogacy in india?...i.e. uterus on rent

Lack of legal protection

Insurance to every surrogate 

Still Unregulated

Still Exploitative

GOVT. Shifted Focus lately on gays . Single parent.. Etc.

Health Issues

Agent 

• The surrogate mother is treated as a biological commodity, as a place to protect child for money

•The surrogates are recruited from rural villages, & most ladies being poor and illiterate

EXPLOITATION ?? Uterus on Rent A Human Incubator on Hire

Over 3000 IVF clinics offering surrogacy services in India to couples from all over the worldSome clinics cheat the surrogates & never paythem any money This practice had to go bcz it was unregulated

Rs. 900 crore Business in WOMB TRADE was thriving in India,

• NEW LAW Draft will BAN “RENT –A- WOMB” TRADE,• Barring foreigners, single persons and divorcees from

going for surrogate births

• Foreigners as well as NRIs and PIOs who hold Overseas Citizens of India (OCI cards) have been barred from opting for surrogacy

Sushma Swaraj ,Hon Foreign minister

“Celebrities & Bollywood Actors• “Celebrities and Bollywood Actors ” who not only have one but two children ,a son and a daughter , have gone ahead with surrogacy , out of fashion , is banned.• Surrogacy is only for those who need it and

will not be permitted for reasons such as avoidance of labour pains

sushma swaraj.Hon Health Minister

Aamir-Kiran’s Surrogate Baby brought Surrogacy Issues in India into Spotlight

• Amir Khan and Kiran Rao’s have a baby boy born through IVF (In Vitro Fertilization) surrogacy

• The couple is also getting a thumbs up from the film fraternity & public

“Shahrukh Khan / Mrs. Gauri” 3rd baby brought

pregnancy through Surrogacy into centre stage in india

ONLY FOR MARRIED INDIAN COUPLES• DRAFT LAW… BARS

FOREIGNERS• DRAFT LAW… BARS SINGLE

PERSONS BOTH INDIAN AND FOREIGNERS ..

When Surrogacy will be Allowed

• The intending couple has been married for at least five years and are Indian citizens • When either or both are suffering from

proven infertility• When it is only for Altruistic surrogacy • When it is not for commercial purposes or

for commercialization of surrogacy

WHEN SURROGACY WILL BE ALLOWED

• No person other than a close relative of the intending couple shall act as surrogate mother • No woman shall act as surrogate

mother more than once in her lifetime

WHEN SURROGACY WILL BE ALLOWED

• Age of the intending couple is between 23 and 50 years in case of the female member and between 26 and 55 years in case of the male member on the day of certification

WHEN SURROGACY WILL BE ALLOWED

• The couple has not had any surviving child biologically or through adoption or through surrogacy earlier, except when they have a child who is mentally or physically challenged or suffers from a life –threatening disorder or a fatal illness

WHEN SURROGACY WILL BE ALLOWED

• The intending couple shall not abandon the child born out of surrogacy procedure under any condition• Surrogacy is not for producing

children for sale ,prostitution or any other exploitation

Regulation of surrogacy clinics• Only clinics registered under the

Act can conduct activities and procedures relating to surrogacy.

• Surrogacy ,clinics must maintain record for at least 25 years

REGULATION OF SURROGACY CLINICS

•No surrogacy clinic, pediatrician, gynecologist, human embryologist Doctor or any person shall avail of commercial surrogacy in any form

OFFENCES AND PENALTIES

• Violation of any other provision shall be  punishable with imprisonment for at least

 5 years and a fine of up to  Rs.10 lakh

OFFENCES AND PENALTIES• Abandonment of surrogate child

commercial surrogacy, exploitation of surrogate mother, selling of human embryo or import of embryo will attract imprisonment of at least 10 year and a fine of up to Rs. 10 lakh

NATIONAL/STATE Surrogacy Board

• A national surrogacy board and state surrogacy boards will be set up to implement the provisions of the Act

OTHER PROVISIONS

•District authorities will also be involved in performing various related functions to Regulate Surrogacy.

Medical Tourismbrought by “Increasing Surrogacy services in India”

 had a Unhappy unhealthy

Death

Govt. instead of boosting surrogacy Programme in India has put the last Nail on Coffin of programme for MEDICAL

TOURISM.No doubt. It did bring

*Satisfaction of bringing happiness to someone’s life*Uplifted surrogate women’s family status

A hopeful future for family 

Upliftment of women

Remuneration leads to independence

Better living conditions

Government’s Initiatives …so far• 2002- Commercial surrogacy in India

legalized

• 2005 –Introduction and implementation of National Guidelines for Accreditation, Supervision and Regulation of Assisted Reproductive Technology (ART) Clinic in India by the ICMR, MoHFW, Government of India

• June25,2008–Meeting-cum-workshop called by the MoWCD, Government of India

ICMR DRAFT CABINET APPROVAL TO NEW

SURROGACY BILL

ADDRESS 11 Gagan Vihar, Near Karkari

Morh Flyover, Delhi - 51 Helpline  

9650588339, 9599044257

011-22414049, 011-22058865WEBSITE :

www.lifecarecentre.in www.drshardajain.com

www.lifecareivf.comE-MAIL ID

Sharda.lifecare@gmail.comLifecarecentre21@gmail.com

info@lifecareivf.com

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