Surrogacy In India with important cases.pptx

Surrogacy

1. Surrogacy In India Unit II Science Technology and Human Rights

2. Surrogacy in India Surrogate mother is the substitute for the genetic-biological mother Surrogate mother is the substitute for the genetic-biological mother  traditional surrogacy, the child is thereby genetically related gestational surrogacy, the child is thereby genetically related to the woman who donated  Commercial surrogacy is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity 

3. Evolution of Surrogacy Laws India legalised commercial surrogacy in 2002 Growth of surrogacy in India led to an growth of several commercial firms assisting foreign tourists  Such arrangements can be considered to be exploitative i n nature as they are not only encouraging baby selling but also diminish the dignity of women's reproductive capacities   paved way for the establishment of various foreign companies in India One of the prime reasons for surrogacy services to bombard in India is poverty,

4. assisting the foreigners in paper work related to surrogacy assisting the child in acquiring a passport and a visa to depart from the country . 228th report of Law Commission of India has recommended for prohibiting commercial surrogacy and allowing ethical altruistic surrogacy by enacting suitable legislation.

5. In 2005, the Indian Council of Medical Research (ICMR) issued guidelines to regulate surrogacy arrangements . entitled to monetary compensation surrogate mother cannot donate her own egg for the surrogacy she must relinquish all parental rights related to the surrogate child

6. Baby Manji Yamada vs Union of India  (AIR 2009 SC Page 84 born to an Indian surrogate mother for a Japanese couple  Before the birth – couple seperated Father wanted to take but no legal framework both in india and japan Supreme Court of India had to intervene and the child was allowed to leave the country with her grandmother spurred the government of India to enact a law regulating surrogacy.

7. Jan Balaz v Anand Municipality  AIR 2010 GUJ 21 Gujarat High Court ruled that the birth certificate of the child born through surrogacy will carry the name of the surrogated mother as against the biological mother and the child would be granted a passport of India which certifies him as the Indian Citizen and the surrogate mother in turn had to give the child to German couple in adoption All these cases have provoked academic interest and has brought the surrogacy ban

8. The Surrogacy (regulation) bill, 2016  focuses on prevention of commercial surrogacy and promotion of altruistic surrogacy . surrogate mother will not be given any monetary benefit or compensation legislation provides for registration of surrogacy clinic and establishment of National and State surrogacy board and Appropriate Authority . Section 2 provides for: Altruistic surrogacy  altruistic surrogacy  means the surrogacy in which no charges, expenses, fees, remuneration

9. Section 3 of the Act provides for: 1) Compulsory Registration of Surrogacy Clinic, 2) No surrogacy at other place than registered clinic, no Specialist or medical practitioner shall perform commercial surrogacy 3) No Specialist or medical practitioner to perform without qualification 4) No promotion or aid or advertisement * of commercial surrogacy in any way by clinic or any person * That encourage a women to be a surrogate mother * Seeks a women to Act as a surrogate * Implies the willingness of a women to become a surrogate 5) No abortion without consent of mother and Appropriate Authority (such authorisation should comply with the provisions of the Medical Termination of Pregnancy Act, 1971) 6) NO storage of Human Embryo or Gamete is allowed for surrogacy purpose.

10. Eligibility certificate of surrogate mother by Appropriate Authority 1) Ever married woman having own child (25-35 age). 2) Close relative (Not defined in this Act) 3) One surrogate birth in her life time (no limit for attempts) 4) Medical and psychological Fitness certificate of intending surrogate mother. Eligibility of Intending couple Appropriate Authority 1) Age women 23 to 50 man 26 to 55, 2) 5 years of marriage, 3) Indian citizen, 4) No child before by any way (exception- child having life threatening disease or disorder with no cure with certificate of district medical Board)

11. Section 6 : Written consent of surrogate mother is necessary and she shall be told all the side effects of the birth . Section 7 : No child shall be abandoned (Defined under Section 2(a) of the Act) by the intending parents after birth for any reason or defect or gender. Section 9 : No person shall in any way force the surrogate mother to abort the child Section 35 Prohibition of commercial surrogacy and exploitation of surrogate mother, child born . Section 36 - Punishment for contravention of any provisions of the Act Imprisonment of not less than 5 years and fine may extend up to 10 lakh .

12. Section 37 Punishment for initiation of commercial surrogacy Any person who seeks commercial surrogacy shall be punishable with imprisonment for a term which shall not be less than five years and with fine which may extend to five lakh rupees for the first offence and for any subsequent offence with imprisonment which may extend to ten years and with fine which may extend to ten lakh rupees .

13. Intending couple has no say in the consent to abort a surrogate child Under the provisions of the MTP Act, 1971, abortion in such cases is allowed with the consent of the pregnant woman .