The Indian government gave its nod to the Surrogacy Bill 2016, in a move aimed to curb unethical practices and exploitation of women in the country. As India slowly made its way into becoming a hub of commercial surrogacy, the administration saw a booming industry that religiously took advantage of the lower class and the desperate. The worst hit are foreign couples, especially from the US and the UK, who have often come to India with the sole purpose of taking a child back home- so says some people.
The new bill seeks a bar on unmarried couples, single parents, live-in partners and homosexuals from opting for the procedure, and has a provision for a jail term up to ten years and a fine of Rs 1000,000 for violations like abandoning the child. Addressing the media, India's External Affairs Minister Sushma Swaraj said, "The new bill proposes a complete ban on commercial surrogacy in the country and will allow only legally wedded Indian couples married for at least five years to have children through surrogacy. Foreigners as well as NRIs and PIOs who hold Overseas Citizens of India cards have been barred from opting for surrogacy."
She added, "Unmarried couples, single parents, live-in partners and homosexuals cannot opt for surrogacy as per the bill. Legally wedded couples who have been married for at least five years, can opt for surrogacy." She even slammed celebrities for opting for the procedure out of "fashion", saying, "Celebrities who not only have one but two children, a son and a daughter, have gone ahead with surrogacy."
The bill also gives the surrogate child just as much right as any other biological or adopted child over property, Swaraj clarified. Only altruistic surrogacy will be allowed and the age limit stated in the bill is 23-50 years for a woman, and 25-55 for men. A national surrogacy board will also be set up as well as in states and Union territories. The approved bill will be discussed during the winter session in the Parliament, and be thoroughly scrutinised by a Standing Committee of the Parliament.
Surrogacy is an estimated £90 million business in the country. Officials have cited at least 3,000 surrogacy clinics in India, and over 2,000 annual surrogate births. Once the bill is passed, the clinics will have to be registered under the new law. The government has made it abundantly clear that surrogacy will only be available for people who really need it and will not be permitted for reasons such as avoiding labour pain.
British couples and single people pay an average of £25,000 a time. A British woman who came to India earlier this year, and had a daughter via surrogacy, cited why she preferred treatment in this country than her own. "We had been trying IVF treatments for 17 years. We could have had our surrogacy in the UK, but we did our research and found that there’s just too much red tape." She stated that British law allows surrogates to change their mind at any point and decide to keep the child they are carrying. "We thought it was unfair, especially if we were going to pay for the whole procedure. And we just didn’t want to go through the whole process thinking ‘What if?’. In India, you know what you’ll get."
For a clearer picture on the impact of the law (proposed), surrogates currently, sign a contract with commissioning parents. They earn as much as Rs 500,000, more if they have twins. Houses where they stay are usually warm towards them; feed them, house them, even arrange baby showers for the women. Their medical bills are unquestionably, taken care of. Reports also say that foreign couples are known to give women heavy extra tips and maybe "rehire" them to breast feed. For women who do this for the sole purpose of finances, this is a big deal.
The government, in its bid to help the exploited, over looked the unrecognised. Homosexuality is illegal as per the Indian constitution, and while single women do enjoy their rights, they are largely frowned upon by the society. What provisions do we have to accommodate their maternal instincts?Aren't there other major issues to look upon, the criminal records of commissioning parents, for example. What about the women who are dependent on surrogacy to earn their livelihood?
Once passed, India will join countries including Switzerland, Sweden, South Africa, Canada, Spain, France and Germany, all who have banned commercial surrogacy. IVF doctors said the bill has already killed three quarters of the industry.
The Bill in 10 points
1) It puts a stop on commercial surrogacy
2) Foreign citizens can no longer avail Indian surrogates
3) No surrogacy rights for homosexuals
4) Length of a couple's marriage is a weighing factor
5) Surrogate mothers will no longer be paid
6) Only close relatives can be approached for surrogacy
7) Couples who already have a child, cannot opt for surrogacy
8) Surrogacy is allowed just once
9) Surrogacy legalised for infertile Indian couples
10) Establishing of surrogacy regulatory bodies
