SURROGACY ,NEW THINKING IN INDIA Besides India ,U.K. China,Australia, Spain ,Canada, allow altruistic surrogacy and ban commercial exploitation U.S.A allows commercial surrogacy, a huge source of revenue attracting couples from Europe, but exploitative nature is controlled .France and Germany totally ban commercial surrogacy. India is one of the few countries where commercial surrogacy was permitted .The commercial surrogacy market in India is roughly estimated at$ 400 million. The new bill seeks to ban un married couples,single parents, live in partners,homosexuals resorting to surrogacy route A couple having biological or adoptive child will not be allowed surrogacy route for being discriminated in upbringing and rights to property, Also NRI`s, PIO`s re similarly barred married couples for 5 years will be permitted, if the surrogate mother is a close relative, Then she can rent her womb only once The woman wanting the child will be the mother. The surrogate child will enjoy the same right as other biological child.
Desperation for progeny to build a family might be one reason. The different medical necessities infertility to conceive may be due to malformation or due to infections and removal of the womb, recurring miscarriages, repeated failures of IV process, heart diseases, advanced age, fear of labour pains, genetic defects etc. Some religions like Catholics, Muslims, Jews are against this process. One surrogate mother in UK gave birth to 15 Children and homosexual couple also had a child by surrogacy. Sex determination and preference for a male child in India is another cause for foeticide.In traditional surrogacy another woman is artificially impregnated with the sperm of the father or /donor She is the biological mother and process is less costly. In gestational surrogacy the eggs of mother and sperm from father and embryo is implanted in the surrogate mother. It s more costlier and the surrogate has no claims It has been a boon to homosexuals to establish a family of their own It is expected that surrogacy will kill the exploitative market of rent a womb .Poor women from rural areas was business turning woman`s body into a commodity. It was the unscrupulous middle men that has led to a flourishing trade in surrogacy The Nationality of the new child by surrogacy became a legal tangle in both countries, The surrogate mother got too attached and refused to part with the child in spite of valid agreement and being paid for her services. , The health of surrogate mothers due to constant pregnancies for the lure of money had telling effect on their health. Social pressures on such surrogacy had also put the worth of virginity at risk for a prospective marriage. There are instances wherein the husband has consented for monetary gains The clinics have to maintain records for 25 years Commercial surrogacy will attract the provisions of law and also abandoning of child, import of human embryo with a jail term of 10 years and a fine of Rs10K. How the system will be monitored is a moot point. Will the surrogacy business now go underground? What happens to the scores of such centers in existence? Will IV method come of age now? Can adoption laws In India be modified and simplified for giving a new life to the orphaned children in India All legislation are founded on good intent, but loopholes will be exploited by racketeers to remain in reckoning; Nelson Lopes Chinchinim
