Rent-a-Womb----Surrogacy Tourism in India booming----Unpassed Bill:

Jojy Cheriyan MD;MPH-August 31, 2013

India has become a 'world center' of surrogacy tourism soaked with corruption, malpractice and unethical standards. The Confederation of Indian Industry predicted that the business would generate 2.3 billion dollars (£1.5billion) annually by 2012. While awaiting exact figures of income generated, a recent report by the Indian Law Commission described it as a "pot of gold".

A legislation called Assisted Reproductive Technologies Regulation Bill, drafted by the Ministry of Health and Family Welfare, together with the Indian Council for Medical Research (ICMR) was sent to the law ministry for approval in 2010 ; is still in the dark. Who knows, how much bribe has been exchanged? or, what unholy nexus exists to keep this bill in dark since last 3 years?

India has become a major destination for foreign couples (including gay-lesbian couples) to hire surrogates to bear their children. This has been made possible by the legalization of commercial surrogacy in India in 2002. It has also been facilitated by the lack of stringent laws on surrogacy and its low cost in the country. While surrogacy in the US may cost around $50,000 to $100,000, it costs only around $ 25,000 for an implantation in IVF clinic in India. But how much is paid to the poor women who sell their wombs is unclear. They do this to save themselves and their families from poverty. But is it an ethical or moral way to alleviate poverty? The moral responsibility to answer this question is for the Government of India.

The proposed Surrogacy Bill has several flaws. It is intended to promote surrogacy in India, not to regulate the unethical practice and ensure safety of the future of the innocent children born by surrogacy. The Indian citizenship given to children born to surrogate mothers bonded with foreigners is another issue that can lead to child trafficking and abuse.

In countries like UK, Canada and Germany commercial surrogacy is illegal. The recent report about a 4year old Indian girl born to an Israeli pedophile, who had the child with an Indian surrogate woman, exposes the evil side of surrogacy in India.

When the girl child was born, she was given Israeli citizenship, and the man became the girl's father for all legal purposes. Both of them flew back to Israel where they live now. Three months ago (June 2013) ,Israeli authorities got an alert about the man's past. It turned out that the man had spent about 18 months in prison on charges of sexually abusing children who were in his care (reported by the Jewish Chronicle newspaper). In 1996 Israel was the first country to legalize surrogacy. It is illegal for same sex couples to have a surrogate in Israel though- a reason why they opt for overseas surrogacy.

This case is a classical example of how surrogate Indian children remain prone to sexual abuse in the absence of a domestic surrogacy law. India also has no laws to check the background of foreigners who acquire parental rights over an Indian Surrogate Child. Hundreds of children born via surrogacy have already been parented by foreigners who come to India for commercial surrogacy. Indian government officials and elected politicians who 'commoditized innocent children' do not have any records of background histories of these 'foreign merchants'. Soon LGBT (Lesbian,Gay,Bisexual,Transgender) couples in America may also be signing agreements with Indian surrogate women to acquire parental title; who knows this has already been going on?

Where are the women's rights advocates in India? Where are the religious leaders who speak voraciously on divinity and holiness of human life? There is no point in counting politicians since they are concerned only of vote banks and pocketing money by giving false promises. After all, recent developments like rape, child abuse and corruption have dripped the little remaining trust people have had in their minds for the politicians of India. India's Legacy of Surrogacy has become a laughing lot for the world community who think morally and ethically.

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