Regulation of surrogacy must but Bill needs a rethink, say experts

Hours after the Union Cabinet passed the Surrogacy (Regulation) Bill, 2016, it has invited mixed reactions from doctors and surrogate mothers. The draft Bill, which aims at protecting the rights of surrogate mothers, bans commercial surrogacy and has proposed that candidates for the same will be limited to "close relatives" only.

Speaking to dna, Sunaina (32), a surrogate mother who is carrying a baby, expressed her concern over the Bill. "I will get Rs4 lakh once I deliver the baby. My family was in need of the money. I have two daughters, one eight and the other four. The government should ensure that surrogates like me as well as couples wanting children benefit without exploitation. With this new Bill, both will suffer."

The most recent birth via surrogacy that the city has seen has been of actor Tusshar Kapoor's son. Before him, actors Shah Rukh Khan and Aamir Khan too got sons via the same method.

To prevent exploitation of women, especially of those in rural and tribal areas, the government has prohibited foreigners from commissioning surrogacy in India. As per the Bill, only married Indian couples with proven infertility will be allowed to take the help of surrogate mothers.

Dr Daisy Alexander, principal of Rizvi Law college who has done her PhD in surrogacy, welcomed the decision. She said, "It was necessary to regulate surrogacy. During my thesis, I found that women were used as a commodity. Touts were exploiting them and making money. Many did not receive post-natal care."

According to IVF experts, out of 100 IVF cycles, 2-3% need surrogacy. "Surrogacy is suggested if the woman's uterus is damaged or absent. Regulating surrogacy is a good move, but the point that only close relatives will be allowed to become surrogates needs to be reviewed. Most couples will not have close relatives who will agree to do this," said infertility expert Dr Aniruddh Malpani.

He added that misuse of surrogacy and exploitation of surrogates by some doctors has led to such a Bill.

Agreeing with him, Dr Bipin Pandit, gynaecologist and member of the Maharashtra Medical Council said surrogacy is a legitimate scientific treatment of assisted reproductive technology. "How many close relatives will be willing to become a surrogate mother? Couples who have no choice but surrogacy for becoming parents will suffer," said Pandit.

The Bill will be introduced in Parliament in the winter session. "I am happy that the Bill has been passed. I still have to look at it in detail, but it seems that it will be possible for those who genuinely need it. The only outcome we will need to look at will be how many women agree to bear someone's child for nine months for altruistic reasons," said Dr Duru Shah, president-elect of the Indian Society of Assisted Reproduction.

In 2012, India's surrogacy market was estimated to be worth more than $400 million a year, according to a report backed by the UN.

Each birth costs as much as Rs12 lakh, out of which the surrogate mother gets only Rs3.5-4 lakh, apart from Rs5,000 a month for her food and nutrition supplements. The rest of the money goes towards the lawyer, doctor, lab tests, ART bank and hospital charges.

In 2012, about 6,000 surrogacy births took place. The rise in surrogacy births is not just linked to infertility.

A surrogate mother, after having the embryo formed out of the parent's sperm implanted in her womb, is kept away from the family till the delivery and is under care of the clinic. The law governing death during pregnancy is vague and there is no insurance. All these are covered by the agreement.