Thursday, 4 October 2012

Regulation of Surrogacy Industry

Need for regulation of surrogacy industry and relevance of ART bill

The need to look closely towards surrogacy in India has been a widely suggested point by think tanks and social experts. People call it as an industry with a turnover of few million dollars, although the term feels very offensive and objectionable for a few. Whatever you call it, certainly the popularity and increasing demand of India as a surrogacy hub requires some fundamental things in place. There has been tremendous increase in the surrogacy and related activities in specific geographical belts of India and it has become a big source of income. There is no regulation and control towards the overall process and specialists are raising issues and concerns about human values, ethical point of view, fundamental rights, and safety and health issues. There was proposed draft presented in 2010 with the intention of covering all these issues in a comprehensive manner and to ensure complete coverage. However, surely there is a need of effective implementation of the Assisted Reproductive Technology Bill, commonly known as ART bill.

There is certainly no doubt that the bill has been drafted very comprehensively and it covers almost all aspects of surrogacy and related activities. The payment directions are well thought and the surrogate mother would receive the amount in five instalments. The maximum chunk of 75% would be made as the fifth and last instalment and that too after delivery of the baby. It surely protects the rights of the intended parents, but it is certainly not making justice to the pain and labour of the surrogate mother. This is one area that surely needs some revision.

The bill suggests that only gestational surrogacy would be allowed in India and genetic surrogacy would not be legal. This is done to avoid the legal complexities of the surrogate mother coming forward asking claim over the baby. It  is surely a good revision and avoid unnecessary conflicts.

The ART draft bill has changed the maximum live births for a surrogate mother to five that was earlier three. It has also mentioned the maximum number of embryo transfers to three. Health experts have few concerns about it and suggest revision.
The insurance related matters also need a reform and more elaborate descriptions in order to protect the rights of the surrogate mother. ART bill suggests that surrogate baby can be available to couples and single person as well. Couple is defined as two people with sexual relationship legal according to  Indian legislation. However, it does not state anything clearly about gay couples.

Wyzax Surrogacy Centre anyway is committed about the interests of intended parents and surrogate mothers as their customer irrespective of what the draft bill says. It has clear-cut policies and procedures for selection of surrogate mothers, medical facilities, legal coverage and payment process. Wyzax ensures that surrogate mothers get the best medical facilities. They operate within the prescribed guidelines of this bill and therefore neither intended parents nor surrogate mothers face any issue. It is always advisable to select Wyzax surrogacy Centre instead of approaching unstructured and unprofessionally managed clinics.

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