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Surrogacy is a grey area in India

The debate over the future of the two-week-old Manji, who is currently caught in legalities arising out of her Japanese parents having separated, exposes the acute need for surrogacy laws in the country, said gynaecologists.

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The debate over the future of the two-week-old Manji, who is currently caught in legalities arising out of her Japanese parents having separated, exposes the acute need for surrogacy laws in the country, said gynaecologists.

Surrogacy is gaining in popularity in both urban and rural areas, as the demand for treatment for infertility issues, including surrogate mothers, egg donors, IVF procedures etc, is on the rise.

“When it comes to embryos, sperms, eggs, surrogacy etc, there are a lot of legal and ethical issues involved. Unfortunately, we have no specific laws which give a clear picture of what is to be done,” said Dr Duru Shah, consultant gynaecologist, Jaslok Hospital.

“We have guidelines prepared by the union ministry of health, however, since there is no legal stamp attached to these guidelines, there is a lot of confusion,” she explained.
Dr Hrishikesh Pai, consultant gynaecologist and infertility expert, Lilavati Hospital, said, “Surrogacy is actually a treatment for infertile couples. However, in places like Anand, where Manji’s surrogate mother is from, it has turned into a medical tourism-based business.” Pai has helped several couples suffering from infertility to have a child of their own through surrogacy.

Foreigners prefer to come to India as the laws are not defined and the cost of getting a surrogate mother is far cheaper when compared to countries abroad. “Many European countries including UK do not permit ‘commercial surrogacy’; couples from such places prefer to come to India to rent a womb,” said Dr Pai.

“We - the health ministry and the women and child development ministry, doctors, NGOs — need to reach a consensus on what is to be done when it comes to surrogacy,” he added. “At present, what exists is a grey area,” he said.

Dr Pai and several other gynaecologists in the city were of the opinion that the government should take a proactive decision regarding Manji’s case.

“Sometimes, you have to bypass the laws, and make an exception. This is a bonafide case and the father obviously wants the baby back. Therefore, a special effort should be made to give a passport to the baby,” he said.

“It would be traumatic for the ‘Japanese’ baby to be brought up in an Indian environment, away from her father,” said another gynaecologist.

“In Manji’s case, it is fortunate that there is a grandmother who is taking care of the baby. It would have complicated matters otherwise as her surrogate mother, as per the contract, has no right over her now, and would probably not want the baby as it is not really hers,” said Dr Anjana Devan, gynaecologist.

“There has been no precedent to Manji’s case. And going by the much-discussed 24-week abortion case of the Mehtas it seems unlikely that the law will make an exception in this case either. However, it is about time that the laws were made to tackle this
difficult subject,” said Dr Shah.

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