Surrogacy market unhappy with Draft Bill; need for regulation, not ban

Shabana has been closely monitoring the progress of the Surrogacy (Regulation) Bill, 2016, which was passed by the Union cabinet on Wednesday. The 34-year-old Wadala resident is one of the last few women who will be renting their wombs. Wearing a yellow salwar kameez and seated in a corner of her 180 sq mt house, Shabana looks visibly upset. She is one month pregnant and after the delivery, she had planned to rent her womb again. "I conceived a month ago. We live in a rented place and I want to give my three daughters good education. Many women in my area have rented their wombs and they are all fine," she says.

So far, she has received Rs 15,000. After three months of pregnancy, she will be paid Rs 4,000 per month, and she will get Rs 4 lakh after the delivery. Shabana decided to be a surrogate mother six months ago, after her husband lost his job. "Initially, I went for egg donation but tests showed that I could not be a donor. Then I agreed to become a surrogate mother," she says.

Sunaina, another 34-year-old surrogate has a similar tale to share. When told that the Draft Bill aims at protecting rights of surrogate mothers and it bans commercial surrogacy, she strongly protests. "Things have been streamlined in the surrogacy business. When I became a surrogate mother in 2008 at the age of 26, I was paid only Rs 2 lakh and never received any monthly expenses. Now, surrogate mothers in Mumbai are well paid and taken care of," she says.

She adds that unlike earlier, doctors now insist on surrogate mothers to be between 25-35 years old. "They should have children and the husband should agree. Only those surrogate mothers who have normal deliveries are allowed to become surrogates again," says Sunaina.

Agreeing with Sunaina, Shabana says this is her second attempt to become a surrogate for the same couple. "I miscarried the first time. The couple was very upset but agreed to allow me to try again. I was paid the token money for the first attempt as well," she says.

Sunaina, who gets Rs 1 lakh per surrogacy, however, says there was a need for regulation. "I have seen the surrogacy market. I will not deny that some doctors have exploited the system. It was necessary to have some regulation," she says.

She further says that in many cases, surrogate mothers were not paid their dues and were forced to live away from their families. "A surrogate mother known to me was given injections to induce labour while she was just seven months pregnant. She delivered the twins normally but doctors said they didn't survive. She was never paid. Also, for every small mistake, penalty is imposed," says Sunaina.

She was introduced to egg donation and surrogacy when she was 21. Now, she is working as an agent with two well-known infertility experts in Mumbai. "After the ban on commercial surrogacy, many agents and surrogate mothers will be jobless. I do not know what to do now," she says.

As per the Bill, only married Indian couples with proven infertility will be allowed to take help of surrogate mothers. It prohibits foreigners from commissioning surrogacy in India. According to IVF experts, out of 100 IVF cycles, 2-3% need surrogacy. "Banning commercial surrogacy will be a big blow to many infertile couples. Such couples generally do not discuss in-vitro fertilisation (IVF) or third-party reproduction (surrogacy) with close relatives. So, how are they going to find altruistic close relatives? Many infertile couples are likely to find themselves in distress," says gynaecologist Dr Bipin Pandit, member of the Maharashtra Medical Council (MMC).

Cost

Each surrogate birth costs the parents Rs 12 lakh. Of that, the surrogate mother gets Rs 3.5- 4 lakh, apart from Rs 4,000-5000 a month for food and nutritional supplements. Rest of the money goes towards lawyer, doctor, lab tests, ART bank and hospital charges. After having the embryo implanted in her womb, the surrogate mother is kept away from the family till delivery and is under the care of the clinic. The law governing death during pregnancy is vague and there is no insurance.

Celebrities who had babies via surrogacy: Shahrukh Khan, Aamir Khan, Tusshar Kapoor

​Ban in most developed countries

Commercial surrogacy is banned in most developed countries, including Australia, UK, Canada, France, Germany, Sweden, New Zealand, Japan and Thailand. The Bill allows altruistic surrogacy, where women (near relative) can legally carry someone else's child, if no money (other than medical cost and insurance), favour or coercion is involved.

Under the proposed law, only infertile Indian couples who have been married for at least five years can opt for surrogacy, while those who already have a child cannot do so.

The Bill has penalty provisions for those violating the law, including a huge monetary fine (Rs 10 lakh), imprisonment (10 years) and even striking down the name from medical register. The records will have to be kept for five and not 2 years. There will be no role of brokers, agents or inter-mediators and the onus of proof in the case of negligence will be on the clinic, not the surrogate or egg donor.