Friday, 30 October 2015

31 October, 2015

Surrogacy in India — Government to ban commercial surrogacy services

The business of surrogacy in India is booming and our country is quickly becoming a hub for foreigners who can’t have a baby themselves. But while it is great model and works well to boost our economy, the Indian government has told the Supreme Court that it will be banning the practice. In their intimation they told the court that they will not allow foreigners to have children through surrogates in Indian.

This move comes after the Supreme Court suggested that the government ban commercial surrogacy, stating that India was becoming the top destination for surrogacy tourism. The Supreme Court also asked the government to take a re-look at their policies that allow the import of human embryos.

That being said, surrogacy will still be an option for Indian couples.
Due to this suggestion the Directorate General of Foreign Trade has withdrawn the notification it made in 2013, allowing the free import of human embryos. Along the same lines, the Supreme Court had also asked the government to clarify if the import of human embryos would amount to commoditization of human life.

In its suggestions to the government, the Supreme Court had asked 14 questions, some of which are as follows:
·         Commercial surrogacy should ideally not be allowed in the country, but it is still a common practice. the trade of human embryos is also legally allowed which is becoming a business and has evolved into surrogacy tourism. Shouldn’t this practice be stopped?
·         They also asked the government — is the woman who donates her eggs for commercial surrogacy the mother of the child or are the biological and genetic donors also the mothers of the child born thus?
·         Does commercial surrogacy amount to exploitation of the surrogate?
·         And one of the most thought provoking questions the court asked was what the child would do if the parents refused to take him/her, due to a disability? Since we do not have any laws to protect the child once born through a surrogate, this is a loop hole that could be used.


31.10.2015

 

 

 

 


 

 

 

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