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Thread: Surrogacy Law In India

  1. #1
    A growing number of infertile couples from the U.S., Britain, and other Western counties are finding that the path to parenthood leads them to Asia. These couples are not seeking to adopt, but for surrogacy.

    Surrogacy utilizes in-vitro fertilization. Through this treatment, couples who are unable to conceive, but are able to donate egg and sperm samples, can have a child with their genetic traits. In a practice known sometimes as "rent-a-womb," "outsourced pregnancy," and even "baby farming," the surrogate gives birth to a child to which she has no biological connection.

    In a twist on the recent trend of outsourcing work to India, clinics are connecting couples with Indian surrogates at a fraction of the cost of domestic surrogacy services. When compared to the typical $80,000 cost of surrogacy in the U.S., for example, the less-than-$10,000 fee typically paid for surrogacy services in India is nominal.

    Surrogacy clinics in India offers surrogacy programs to people of all nationalities. They focus on in fertility, not infertility.They believe in making babies, is possible for all,including lesbian and gay couples and even single men and single women. Surrogacy program in India ,is professional setup of its kind , providing comprehensive services related to Surrogacy and Egg Donation programs. Clinics offer in India – Indian surrogates and Indian egg donors so that all can avail this facility to fulfill their dream of enjoying parenthood.



  2. #2

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    India is becoming an economic superpower, supported in part by its huge outsourcing industry. One sliver of this is “reproductive outsourcing”, more commonly known as surrogacy.

    Commercial surrogacy has been legal in India since 2002.India is emerging as a leader in international surrogacy. Indian surrogates have been increasingly popular with fertile couples in industrialized nations because of the relatively low cost.

  3. #3
    There are ICMR guidelines, 2005 to regulate surrogacy, which will remain in force until the specific act comes in place.


    ICMR guidelines for surrogacy


    • A surrogate mother can be procured through law firms or semen banks. All semen banks or law firms require accreditation. However, negotiations between the couple and the surrogate mother must be conducted independently.


    • Payments of surrogate mothers should cover all genuine expenses associated with pregnancy. Documentary evidence of financial arrangement for surrogacy must be available.


    • Advertisement regarding surrogacy should not be made through the Assisted Reproduction Technology (ART) clinic. The responsibility of finding a surrogate mother, through advertisements or otherwise, should rest with the couple, or a semen bank.


    • A surrogate mother should not be over 45 years of age. Before accepting a woman as a possible surrogate for a particular couple’s child, the ART clinic must ensure (and put on record) that the woman satisfies all treatable criteria to go through a successful full-term pregnancy.


    • In Indian context, a known person as well as a person unknown to the couple may act as a surrogate mother. In case of a relative acting as a surrogate mother, she should belong to the same generation as the woman desiring the surrogate.


    • No woman may act as a surrogate more than thrice in her lifetime.

  4. #4

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    Surrogacy law in India is still in the premature stage and is coping up with the world position. India is part of the club of very few countries who have permitted Commercial Surrogacy. That is now quite a good affair. A lot of Indian women are getting benefited, likewise are the intended parents from all over the world. I am sure that this is a great step forward. Its a win win situation for both.

    Though the surrogacy world is quite lawless, there is the ICMR regulation which provides a lot of clarity in the procedure by which surrogacy should be done. Moreover, The Supreme Court of India, the Apex Judicial forum has decided that commercial surrogacy is completely legal in India and held the contract enforceable. These are great steps forward in the field of surrogacy.

  5. #5

    Join Date
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    Surrogacy law in India is still in the premature stage and is coping up with the world position. India is part of the club of very few countries who have permitted Commercial Surrogacy. That is now quite a good affair. A lot of Indian women are getting benefited, likewise are the intended parents from all over the world. I am sure that this is a great step forward. Its a win win situation for both.

    Though the surrogacy world is quite lawless, there is the ICMR regulation which provides a lot of clarity in the procedure by which surrogacy should be done. Moreover, The Supreme Court of India, the Apex Judicial forum has decided that commercial surrogacy is completely legal in India and held the contract enforceable. These are great steps forward in the field of surrogacy. [url]www.Indiansurrogacylaw.com[/url]

  6. #6

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    How different is this from Prostitution in parts?

    How does the law draw a line between surrogacy and prostitution ?

    what is preventing the Indian law from legalising prostitution?

  7. #7

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    Hi Eshan,

    When you say "How different is this from Prostitution in parts?" are you genuinely asking a question and trying to clear out the doubt in your mind?

    If, Yes, then let me answer that surrogacy is NOT prostituition. Surrogacy is a service provided by a woman to another woman who does not have a priviledge to bear a child and in return the woman gets paid for this who has genuine need for money.

    If,No, then let me STILL answer your question. I dont know what background you are from which has made you to put up such a filthy question. Fist of all there is no law supporting prostituition so there is no question of drawing any line between the two. For surrogacy ICMR has issued a general guideline for the process keeping in mind all the parties involved.

    One doesnt go to a prostitute with the intention of raising babies, one doesnt go to a prostitute informing his wife. And neither prostitutes are sitting there to make babies for you. You guys watch movies like Chupke-Chupke and conclude things based upon your infiltrated thinking. Men like you are a SHAME.

    You are not a woman so you will NEVER NEVER understand the pain a woman undergoes the process of infertility treatments, the failures and finally a long wait which ultimatley leads her to either adoption or surrogacy. They prefer surrogacy because it gives them a better way to connect to the child than an adoption can. And I see NO HARM in a needy couple approaching a surrogate mother to get a bundle of joy in thier lives AND neither do I see any harm in a woman who is financially challenged to become a surrogate mother. SHE IS HELPING A COUPLE BRINGING JOY IN THIER LIVES, SHES NOT SLEEPING WITH ANYONE, SHES NOT USING MONEY FOR ENJOYMENT.

    SO SURROGACY IS NOT PROSTITUTION.



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