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Surrogate mothers seek Supreme Court's intervention

As per the plea, the ICM guidelines 2005 have ethical bindings on clinics and provide sufficient measures to check the mental and physical well being of a woman before selecting her as surrogate.

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A group of surrogate mothers has approached the Supreme Court seeking direction to the Centre to withdraw its November 4 circular which prohibited foreigners from availing surrogacy in India saying it as "discriminatory."

Filing an application for intervention in the matter pertaining to surrogacy before the apex court, the women, who agreed to become surrogate mothers, said "motherhood should not be divided or discriminated on the basis of caste, colour, creed, nationality or citizenship…"

Not permitting foreigners to avail surrogacy service here shall be discriminatory and unreasonableness, the women said adding rising of infertility is a global phenomenon and surrogacy helps in building families.

As per the plea, the ICM guidelines 2005 have ethical bindings on clinics and provide sufficient measures to check the mental and physical well being of a woman before selecting her as surrogate.

Surrogacy is part of assisted reproductive system and each woman has the right to take her own decision to become or not to become surrogate mother, they further said while seeking withdrawal of Health ministry's circular prohibiting foreigners and to stop commercialisation of surrogacy.

The women, belonged to the economically weaker section, said the surrogacy helped them to fulfill some of their dreams like providing better education to their children, opening a small scale business etc.

Saying that they will be deprived from their rights of livelihood and autonomous reproduction, the plea said, " They will suffer irreparable loss and injury and is also a breach of the principles of natural justice as surrogates are the integral part of the ART industry."

Filing an affidavit before the Supreme Court, the Centre had said that as a policy decision, the government does not support commercialisation of surrogacy and the foreigners are prohibited from availing the surrogacy service in India.
 

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