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Aug29

The New Draft Surrogacy (Regulations) Bill - Details Of Bill,its Justification and Criticism Commercial surrogacy ,Hiring a womb for production of child by paying money, is now banned in India as in most developed countries Australia, UK, Canada, France, Germany, Sweden, New Zealand, Japan and Thailand. Now the new bill for regulating surrogacy has been drafted By Health ministry of India and passed by Cabinet to be placed in both house of Parliament,Surrogacy having  annual Business of 3000crores with about 3000 clinics. 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.Even Distance relatives not allowed. 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 as being practised in India for male child. Age bar for both Male and Female with certified proof of Infertility of atleast one legally married couple is must,no widow ,unmarried,gay transgender,single person or those living in relations can apply.Even one can surrogate only once in her life banning poor women repeatedly for surrogacy treating as lab animals rodents,ship,hen,mice for Money. The Bill has penalty provisions for those violating the law, when it comes into effect. The penalties include a huge monetary fine (ten lac), and imprisonment (ten years) and even striking down the name from medical register if surrogacy or even Embryo transfer is done ,Government is planning to regulate ART where even sperm and oocyte donations for commercial purpose may be blocked.state government and district health officcers will regularise every Surrogacy and ART clinic for their license,type of patients and services rendered by them. Surrogacy cant be done in India for any foreign nationals even NRI Indians Holding Indian passports.Receipient must be an Indian citizen only.     Surrogacy/ ART or Artificial Reproduction  is badly practised without any regulation in India for minting money in name of scientific advancement of treating Infertility and giving baby to those who cant have by married partner or donot have any partner so thousand of persons from Foreign Countries whether this is banned or very costly 60-80 lakhs Indian rupees for sucessful or unsucessful trial and  in name of Medical tourism done here in 15-20 lakhs.So mushroom of SUCH SURROGACY and INFERTILE CLINIC has grown in India,where costly websites ,foreign advertisements in social media,TV,Magazines,Newspapers ,radio and Medical Conferences and with false claim of 40-60% success rate in single attempt desired male/female healthy intelligent child  (in reality less than 20% in multiple attempts with high rate of twin / triple pregnancies or abortions) scientific sessions in five star hotels in India and abroad sponsored mostly by DRUG Manufacturing Companies involving a lot of touts/agents /marketing teams /fecilitators/surrogacy Mothers caring centres working in many cases no less than human traffickers  has resulted in such Big Industry where immediate healthy child in many cases only male child is given to wanting paying person defective/ Female child kept here with mother,even rich persons and celebrities like Sahrukh khan opted for a Male boy already having two childrens ,Search for male child as sex is detected in ART, little attention is paid to poor surrogate mother,her bad condition to suffer, less payments than what promised ,repeated surrogacy pregnancy destroying their own future pregnancy by repeated injections and caesarian deliveries ,even women at younger age repeatedly pushed for this due to poverty and less educations resulting a situation of human trafficking as claimed by External Affairs Minister Mrs Sushma Swaraj stated in Press Conference compelling  government to pass this Bill in cabinet.  Champions of Surrogagy earning crores critise this Bill saying that It will block Infertile persons ,gay,single, transgender or inferitle persons who donot have close relatives to have a baby if Science is here for Human relief how a government can regulate it.Doctors are saying that this will destroy all Surrogacy/ Art clinic in India ,more licensing Authorities more paper works,more bribe a License Raj, will increase paper work.The records will have to be kept for five years and not 2 years. Imprisonment clause is now coming in every new bill PNDT, CEA, Health Data Bill and now surrogacy bills. To err is human. Doctors are not criminals.There will be no role of brokers, agents or inter-mediators and the onus of proof in the case of negligence will be with the clinic and not surrogate or an egg donor. It will effect medical tourism.There are more that 50 million infertile couples in the world and their desperation for a biological child has turned commercial surrogacy into a booming business. Thousands of infertile couples rent wombs from poor women for nine months so they can take a baby back home. India has estimated 12 million to 15 million infertile couples.Big market for sperm and ova banking, embryo implantation and surrogate womb services present bringing hugh dollars a loss to foreign exchange.In India Voluntarily Celebrities also rent wombs .An end to commercial surrogacy will be a big blow to many infertile couples. Infertile couples generally do not discuss in-vitro fertilisation (IVF) or third-party reproduction (surrogacy) with close relatives. This is kept as secret as possible, particularly from their close family members - so how are they going to find altruistic close relatives.Finding women from within the close family willing to be surrogates will not be easy. Many infertile couples are likely to find themselves in distress.Family nuclear nature further prevent more relatives.There are medical grounds where surrogacy is justified - imagine a woman who has lost her uterus during childbirth or a woman born without a uterus.The proposed surrogacy law might even lead to break-up of marriages. This may lead to an increase in second marriages - if surrogacy is not allowed, some couples are likely to break up.The law that insists that a surrogate woman has to be a close relative of the infertile couple would be "impractical" and may also raise the risk of the surrogacy industry, driven by demand, moving underground, spawning illegal transactions. People will start making fake documents that they are near relatives. Some suggest to make law more stringents as BILL should ensure that the biological mother who have rented her womb should get the inheritance rights over 50 % of the property or assests as the biological mother of the child who is the heir to the property of the couple who rented the womb. if it is a fact that so many surrogate mothers are there in India and if it is correct that all these mothers are doing it for money at least the fate of the poor mothers renting her womb and their own children would improve. If a foreigner gets Indian citizen ship if she marries an Indian then is it so difficult to cook up a paper marriage to become Indian citizen. Most important hurdle is that In India many Bills proposed as Women Bill or recently passed Gst bill remain as bill for years as vested rich clinics their stooge in political parties maynot allow to pass this bill from both house of parliament and making it Law as we know many are law makers from ruling party or opposition are either directly own many surrogacy centres or adviser or patroniser of these as their party workers, relatives, friends or voter doctors, businessmen industralists and corporate house  are running these centres protected by a galaxy of high bureacrats IAS,IPS and Income Tax officers etc, Media people ,Highly Intelligent High court ,Supreme court lawyers and even judges.



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