The government on Wednesday approved a bill that bans commercial surrogacy, and bars single people, married couples who have biological/ adopted children, live-in partners and homosexuals from opting for surrogacy.
THE GOVERNMENT on Wednesday approved a Bill that bans commercial surrogacy, and bars married couples who have biological or adopted children, single people, live-in partners and homosexuals from opting for surrogacy.
The Surrogacy (Regulation) Bill, 2016, cleared by the Cabinet, only allows “altruistic surrogacy” for childless couples who have been married for at least five years. Then too, the surrogate mother should be a “close relative” of the couple, should be married and have borne a child of her own.
Briefing the press after the Cabinet meeting, External Affairs Minister Sushma Swaraj said foreigners, NRIs and PIOs who hold Overseas Citizens of India (OCI) cards have also been barred from opting for surrogacy as “divorces are very common in foreign countries”.
Swaraj headed the Group of Ministers (GoM) who finalised the Bill in its current form, dealing solely with surrogacy — in contrast to another Bill, which the department of health research has been working on for years now, seeking to regulate all aspects of assisted reproductive practices. There are enough regulations on IVF, Swaraj said.
New surrogacy Bill bars single parents, homosexuals, live-in couples, foreigners married woman who has at least one child of her own can be a surrogate mother only once in her lifetime. Childless or unmarried women are not allowed to be surrogate mothers.
Without taking any names, Swaraj said it was “unfortunate” that couples, who already have a son and a daughter of their own, opt for surrogacy “just because it is fashionable”.
Replying to a question, she said: “We do not recognise homosexual or live-in relationships, that is why they are not allowed to commission babies through surrogacy. It is against our ethos.”
The Bill, which borrows heavily from UK’s altruistic surrogacy Bill, has changed the British provision of allowing only blood relatives to “close relatives”, a term that will be further elaborated in the rules.
“In commercial surrogacy, one would just pay the surrogate mother and ensure that the mother and baby never come in touch. But in this case it is an open thing, there are no ethical issues. The child would know who the biological mother is because it is a close relative,” said Swaraj. In the absence of close relatives, the couple should opt for adoption, she said.
“The reason we have not allowed a couple with a biological or adopted child to commission another baby through surrogacy is because there is bound to be discrimination, if not at the time of bringing up the child, then certainly when the question of property arises,” Swaraj said.
The Bill requires all surrogacy clinics to be registered. Clinics can charge for the services rendered in the course of surrogacy, but the surrogate mother cannot be paid. National and state surrogacy boards will be the regulating authorities.
Commercial surrogacy, abandoning the surrogate child, exploitation of surrogate mother, selling/ import of human embryo have all been deemed as violations that are punishable by a jail term of at least 10 years and a fine of up to Rs 10 lakh. Clinics have to maintain records of surrogacy for 25 years. The rights of the surrogate child will be the same as that of a biological child.
Meanwhile, Swaraj’s dismissal of homosexuality, though in line with the Supreme Court’s order upholding Section 377 criminalising gay sex, is at odds with the opinion of her cabinet colleague Arun Jaitley. “When you have millions of people involved in this (gay sex), you can’t nudge them off… Jurisprudence world over is evolving, I think the judgment was not correct and, probably at some stage, they may have to reconsider,” Jaitley had said earlier.
This question might be very controversial. In Ukraine, for example, the law explicitly makes reference to married, heterosexual couples who have trouble conceiving. Neither gay couples nor single men are allowed to have a baby via surrogacy in Ukraine. A gestational carrier has to be a legally capable woman who is 18 years old or over, and must have at least one healthy child of her own. Also affordable prices. The approximate cost of surrogacy in Ukraine for international intended parents ranges between USD $23k and $40k. However, this price range does not include the cost of legal expenses and the agency fees. which can add up to $2k to $6k to the initial cost. Also, the prices vary depending on whether the couple needs to use donor eggs or not. So, broadly speaking, we can say that the average cost of surrogacy with own eggs is $23k, whilst it increases to $37k if donor eggs are needed.
ReplyDeleteVariations between estimates will depend basically on the surrogacy program you choose. For example, low cost programs typically include just one IVF attempt, without using donor eggs. When the cost is $35k-40k, they usually include additional techniques such as PGD, and unlimited embryo transfers until the gestational carrier gets pregnant.
This makes Ukraine one of the leading countries for surrogacy tourism. We're among those too. We've undergone surrogacy in Biotex repro center, Kiev. Have nothing to regret about using them.
We've already had the first consultation at Biotex. Have only positive experience. A nice place to be in. People seem busy all the time. This is yet another another thing with this country -lol. If you're told to wait for 10 mins it easily turns into half an hour) Thankfully we've already been used to, so had nothing wrong with waiting longer with clinic's comfort. We were also surprised how clean everything was. Almost shiny which was quite unexpectedly with all those lines! Our dr is a pleasant understanding woman highly respected at the place. We've read a lot they treat the toughest cases which is crusial. There are no age limits for their patients just the health ones. (Which definiely shows they are sure they can cope). We saw all modern facilities, nothing out of date - which means NOTHING. They seem to invest big money into their clients' comfort whilst undergoing treatments. Also we were amazed to see their all inclusive plans but for real. (As you never know about the hidden issues unless you come to the place - with Biotexcom we had none!) We read attentively the contract and felt free to ask for explanations. Our manager was great! We had no language barrier while talking with the stuff (surprisingly for no additional price!). So on the date dh and I underwent the required tests. These were blood tests for both, pap smear and sperm count. Dr studied our medical records. She performed transvaginal ultrasound check and evaluated our chances. She made the decision that the program could be performed and authorized. We signed the agreements and made the first payment. Then dr explained us the treatment plan. She gave us the meds needed for the subsequent protocol ( Their cost is covered by the package price) and soon we were free. We had the opportunity to go sightseeing with our 'driver-guide' lol who was also super! I hope this is the nice beginning of our journey. Feel excited!! xoxo
Delete@moniike, hi
ReplyDeleteYou've mentioned Ukraine as surrogacy destination. Am sharing. oursurrogacyblog.wordpress.com is absolutely awesome for the details of surrogacy treatment for the UK citizens in particular. In brief, surrogacy process in Ukraine goes on like this:
Initial consultation. It usually contains the following activities: A set of tests depending on the program (fasting is mandatory). Consultation with a fertility specialist who will be in charge of your program (in case of stimulation you will need to have the transvaginal ultrasound check done). Consultation with a manager who will guide you through the program step by step. Signing of contracts. Before any initial consultation you will receive the Guidelines for the Initial Consultation – failure to follow these recommendations may affect the initial consultation in a negative way. Search & confirmation of a surrogate mother, matching process. Waiting time depends on the type of contact. Stimulation & synchronisation stage (about 2 weeks). The cycle of egg donor or the biological mother is synchronised with the cycle of a surrogate mother. According to your contract you have to follow all doctors instruction. In case of self-treatment or violation of the treatment protocol, the clinic may cancel the cycle and terminate the contract. Fertilization day, embryo transfer – the 2nd visit. In case the biological mother undergoes hormonal stimulation and is being prepared for egg retrieval, the second visit may take up to 10 days. If we are talking about surrogacy using own eggs it is not recommended to leave the same day. Flying the following day is fine.The rules for sperm donation are similar as for the initial consultation – a man needs to abstain from ejaculation from 3 to 5 days before. After fertilisation the embryo development is monitored by embryology unit. The embryo transfer takes place on the 5th day. You will receive the protocol of embryo cultivation and transfer within 3 working days after the embryo transfer. HCG test, pregnancy confirmation. The first ultrasound scan is carried out in 2 weeks after the positive HCG test by the doctor in charge of the program. The report will be send the same or the next day after the check.
Pregnancy monitoring. Delivery. Obtaining of the birth certificate for the baby (up to 1 week).
In most countries throughout the world surrogacy has become increasingly common and offers couples an alternative route to parenthood if all other methods, including IVF treatments, fail. Current legislation allows heterosexual, married couples to get a parental order to give them a birth certificate for a child born to a mother with whom they have entered into a surrogacy agreement. But gay, lesbian and unmarried couples cannot do this. The surrogate mother has to be named on the birth certificate. If she is married, her husband is legally considered to be the father..
ReplyDeleteIf we take for example, the UK legislation. The woman who gives birth is always treated as the mother in UK law and has the right to keep the child. Even if they’re not genetically related. However, parenthood can be transferred by parental order or adoption. Also surrogacy contracts aren’t enforced by UK law. (Even if you’ve a signed deal with your surrogate and have paid for her expenses!)It’s illegal to pay a surrogate in the UK, except for their reasonable expenses. As for father’s rights. The child’s legal father or ‘second parent’ will be the surrogate’s husband or partner unless: legal rights are given to someone else through a parental order or adoption. Or the surrogate’s husband or civil partner didn’t give their permission to their wife or partner.(If your surrogate has no partner, or they’re unmarried and not in a civil partnership, the child will have no legal father or second parent unless the partner actively consents.) The thing which bothers with the US law, for example, is that in some states surrogate mothers retain a parental right to the child. She can even pursue custody!! Even though the embryos placed in the surrogate have both of your DNA, the surrogate mother’s name is on the birth certificate! And then you have to go through the process of adopting the baby in court! One of the biggest factors is also time. All of the legal paperwork, signing a contract, matching a surrogate, having the surrogate go through the work-up, and so on, and next thing you know..It’s been a year or two since you started the process! Furthermore, american clinics are often touted as the best worldwide, but success rates at quality IVF clinics in Ukraine or Mexico are similar. Meanwhile the cost of an IVF procedure in the US is about $35k , while overseas the same procedure costs about $6k.There are some cross-border programs that take advantage of less expensive IVF clinics overseas. The most notable use clinics in Mexico with a surrogate from the United States. But you can also create embryos in Kiev for export. In rare cases you can even use excellent clinics in countries where surrogacy has been tightly restricted, like India or Cambodia. But whether this will save you money is doubtful.
ReplyDeleteFinally, Ukraine. Under Ukrainian law the baby is yours from the moment of conception. A surrogate has no rights to keep the baby after delivery. Costs - they have all-inclusive surrogacy programs which include everything outside the plane tickets. If you decide to go on with donor egg after attempts failed with own egg - this won't cost you additional fees with Biotexcom. (We're currently passing de ivf with them). Furthermore, they'll continue trying unless the live birth. There is the guaranteed money refund in case they fail which is a nice feedback for further options.
Coming closer to the 2ww ‘joy’. I really found it too much suppressive time period to survive. All possible thoughts coming up to my mind. This is how it felt for me. One minute, I was full of hope. I said, “This cycle will be the one that works! This will be my miracle month!” Then, the next minute, I might see only doom and gloom. “What if this doesn’t work? What if nothing ever works? What if I live the rest of my life lonely and depressed, a shivering mass of jelly relegated to the back corner of my bedroom closet, forever?” Oh, hun, I do understand how torn you may be feeling. Here’s some of my background. I should have written this very post before, but felt great need to ask for a friend first. So here we go. The truth of the matter is, infertility is painful at any stage. Even the very beginning. I can remember when we very first learned we wouldn’t be able to conceive on our own, I was crushed. I felt so powerless. I felt like a fundamental right had been ripped away from me. I had to grieve the picture of creating our family between the two of us. And I was angry and resistant to the picture that included nurses, doctors, needles, and unanswered questions. We’d been 2 years, several iUis, two surgeries before finally got successful with ivf procedure at a Polish clinic. Our son was 4 yo when we decided to try for a sibling for him. That coming time was an absolute disaster. Our doc found out my eggs became aged so we had less than 5% of conceiving with them. Furthermore I got heart complications due to previous disease. That’s why Dr wasn’t excited about the testing results and told I’d better not risk with achieving pregnancy myself. He said it was too dangerous. So we needed tooking onto plan B. Surrogacy. Still having several unanswered questions in, I felt that that beginning experience was every bit as painful as the events that have followed. For us both that moment was a huge challenge to face. I’ll explain here. You see, we already had a kid of our own, seems we had to be satisfied and complete. On the other hand, we wanted more..This made me so jealous with ladies having 2,3 – more kids with no special effort. So the question was coming – Why not me?? Me too! I wanted more BUT we couldn’t apply for the previous option! Surrogacy sounded even more painful to my ear…
ReplyDeleteFor hopeful parents the benefits of surrogacy seem obvious. It is a way to make their dreams of parenthood come true. However, hundreds of families who have completed the surrogacy process will assure you that the pros of surrogacy extend far beyond that. Here are just a few of the advantages of surrogacy for intended parents:
DeleteSurrogacy completes families. For those who have struggled with infertility, LGBT couples, and those with medical conditions that make pregnancy unsafe, surrogacy is often the answer to years of unsuccessful attempts to create a family.
Surrogacy allows for genetic connections. Gestational surrogacy often enables one or both parents to maintain a biological relationship with their child.
Surrogacy creates relationships. Many intended parents become close with their surrogate and her family during the process, developing meaningful bonds that can last a lifetime.
Surrogacy involves few surprises. A legally binding contract outlining everyone’s expectations will be negotiated and signed prior to the embryo transfer, so everyone will know exactly what to expect during the surrogacy process. A court order is obtained prior to birth of the child, confirming the intended parents’ legal rights.
Surrogacy ensures you are involved. Intended parents are often able to be involved in their surrogate’s pregnancy. They usually attend key appointments and are present for important milestones, including the embryo transfer and birth.
Surrogacy is likely to be successful. Surrogates have a proven track record of carrying healthy pregnancies. It often makes surrogacy more likely to be successful than fertility treatments for intended parents.
I cannot imagine people could be banned of all these benefits due to some reasons. If this very way of creation a family was investigated years ago why not to use it!? I really sympathize people who are made beyond surrogacy benefits.
Although the birth of a child is typically considered a very happy time for parents, surrogacy is often unchartered territory that can become very stressful for all parties involved. Part of the stress stems from the fact that different states and countries have varying laws and regulations overseeing surrogacy. Imagine that you and your spouse want to have a baby, however, you are unable to conceive due to a number of reasons. Your friend knows how much you would love a baby and offers to help you and your spouse out: she will carry your child for you. It’s an exciting time for you! The opportunity to have the family you always want…until you look up the laws of your country or state and realize that surrogacy is banned. Flash to a few weeks later when you and your partner decide to do surrogacy in another country where it is legal. You get excited again! Until, you discover that you would be unable to return home with your child because your country will not legally recognize you as the parent or your child as a citizen of their country.For couples with fertility issues or for same-sex couples, surrogacy is a viable option to create a family. The sad fact remains though that surrogacy is many forms is illegal or banned in many parts of the world and even within the US. For instance, in the US there is not a nation-wide law on surrogacy. Rather, the states are responsible for surrogacy laws, which makes it difficult for individuals who live in states that do not permit surrogacy. Furthermore, most states do not have laws concerning surrogacy. Though some people do enter surrogacy contracts in those states, it can be very risky if one doesn’t receive legal counsel beforehand.
ReplyDeleteAdditionally, some states in the US do not allow same-sex couples to enter into legal surrogacy contracts. Some states say that a couple wanting to use a surrogate must be “married.” One should be well informed before opting for surrogacy treatment elsewhere!
Have also found some useful information. Willingly share ~
ReplyDeleteAs you know, commercial surrogacy involves a surrogate being paid to carry a couple’s or single individual’s child. Here is the situation with it in some countries:
Some US states like Arkansas, California, Massachusetts, Illinois, Texas (Must be a married couple to have a baby via surrogacy), Nevada
Russia: It is very difficult for gay couples to use surrogates in Russia.
Ukraine: The Ukraine allows for commercial surrogacy, however, you must be a married heterosexual couple to have a child by a surrogate in Ukraine.
State of Tabasco, Mexico: Tabasco does allow for surrogacy, but recently Tabasco government officials stopped issuing birth certificates for couples using surrogates.
Thailand: Thai couples can have children via surrogate but they must be heterosexual and married for three years. Gay couples in Thailand cannot hire a surrogate.
We're successfully through DE ivf with Ukrainian clinic Biotexcom. In a time course we did researches as for surrogacy laws there. From the things studied I'd strongly recommend looking onto this very country with its surrogacy friendly law & all-inclusive guaranteed packages.
I have found this on http://thenextfamily.com/2015/08/surrogacy-laws-around-the-world/. Thought one might get interested. ~
ReplyDeleteAltruistic Surrogacy
The other form of surrogacy is altruistic surrogacy and occurs when a surrogate mother does not receive any form of payments for being a surrogate, except for realistic expenses related to having a child or being a surrogate (medical, insurance, travel if need be, time off from work, etc.).
Some U.S. states like Kentucky, Nebraska, Maryland, Washington, Michigan (commercial surrogacy is illegal & the government will not recognize surrogacy contracts), Florida (couple must be married to use a surrogate), Utah, Virginia (might be very difficult for same-sex couples to use a surrogate)
Canada
Belgium
UK: Be careful in the U.K. The surrogate is legally recognized as the mother, regardless if she is biologically related to the child or not. Surrogacy contracts are not enforced in the U.K.
Denmark
Greece: Greece does not allow for gay couples to use a surrogate.
Israel: Israel has a new bill concerning surrogacy in a committee. If decided upon, it appears that surrogacy may become commercialized and will allow for gay couples.
Netherlands: Couples looking for a surrogate in the Netherlands cannot publicly announce that they are looking for a surrogate, not even on social media.
Australia: New South Wales, Tasmania, Queensland and Victoria allow for gay couples to create a family via surrogates. The other Australian states do not. Some Australian states require that you be married or a single woman, or need a surrogate based on health reasons.
Quite hard to get one point of view on that.. I know for sure, that some states in the US do not allow same-sex couples to enter into legal surrogacy contracts. Some states say that a couple wanting to use a surrogate must be married. With the new marriage equality legislation, same-sex couples should fall under the article of married (If they are married). However, there haven’t been any reported surrogacy cases involving same-sex couples yet to determine how states will react with the marriage equality law.. Even more unfortunate is that many countries around the world will not allow same-sex couples to have a child via surrogacy due to intolerance of the LGBT community..It is unfair, but things are like this.
ReplyDeleteThose features may be summed up. Commercial surrogacy is banned. Only altruistic surrogacy is allowed. Only infertile, childless legally-wedded Indian couple (5 years after the marriage!!) can avail surrogacy.
ReplyDeleteThe following categories are not allowed to avail surrogacy:
Single parents.
Indian couple having childr(ren).
Foreign couple.
Homosexual- gay couple and lesbian couple.
Living- in relation who do not want to get married.
A women can undergo surrogacy only once with close relative.
Seems I understand everything. BUT why did they get surrogacy prohibited for a married couple who already have kids?!! Do they think it's just enough to have 1 or 2 ?? I cannot truly understand why people in Asia have to pay for their baby#2 if they want to add the family..It's so strange and weird!! And those same sex couples..don't they deserve to have kids and be happy?!..Really really agonising..
ReplyDelete