Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, June 17, 2010

Changes in Indian Law to Make Outsourcing Pregnancy More Difficult

From the New York Daily News:

Foreign tourists visit India by the hundreds each year to hire surrogate moms to carry their babies for them.

It's a bargain for the would-be parents, costing them around $23,000, or about one fifth of the going rate here in the U.S., according to Time. The surrogate mom typically gets about $7,500 – paid in installments.

Now, though, the booming rent-a-womb industry in India, which has become the international capital of outsourced pregnancies, will soon be subject to new restrictions that will make it harder for foreigners to hire a surrogate.

Under consideration now is a government bill banning IVF clinics from arranging surrogacy transactions, and calling for the establishment of an "ART bank" that would locate surrogate moms and reproductive donors. Only on the operating table would the fertility clinic have contact with the surrogate.

While some in the medical community may not like the new legislation, it may mean a better life for India's surrogate moms, who could have more freedom in negotiating their fees and getting health insurance from the couple or single who has hired them to carry a baby. The new law would only permit a woman to be a surrogate up to five times and would set a 35-year age limit. This is to ensure that Indian women desperate to be surrogates can't put themselves at risk.

Read the full article here.


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Some likely outcomes of ART bill 2010
To comprehend these out comes we have to make some assumptions just as the drafting committee has made.1) All surrogates are bad, do it only for money. Cause they are poor. May not be true
2) There won’t be /should not be any emotional attachment with the child. Cause even if they have they can not get even visiting rights May not be true .3) All commissioning parents need their child even if it is handicapped. May not be true 4) All commissioning parents are just within the reach of Indian law .May not be true.5) All ART centers abide by the law they just wont fudge the documents 6) All officials are prompt. May not be true

If the commissioning parents doesn’t want the child after the surrogate getting pregnant and if they reside in a foreign country and wont return to get the child, as per the law child goes for adoption agency and may remain in an orphanage for a long time. This may happen in case of single and gay parents abroad. Cause for them a child becomes some money and a masturbation .There is no way to protect the child and financially help the surrogate mother. Surrogate becomes a looser, Even if there is a local care taker he/she won’t be guarantee for the surrogate’s fee so as the Indian govt.
If the commissioning parents reside in foreign lands and defaults payments/ dies in case of single parents law can not reach them in case of gays what if the sperm donor dies before the child is taken to the home country, to whom the child will be given, In the case even if they are alive can we get them extradited? It is impossible.
As per the assumptions of the drafting committee it seems that all surrogates are bad When they create a child just for getting money what if they spoil the child by taking some detrimental drugs that may retard the growth / may cause some decrease in mental ability such drugs are freely available in market. And some are there in alternative medicines ,Developed to harass the enemies in a stealthy manner. This can be done if there is no emotional attachment with the child and enimity/hatred towards the commissioning parents.
Even if there is law officials can visit the centers once in a while to monitor. Till then the centers will be autonomous. They can/will do what ever they want to do. Even if they are caught in the act the rich centers will have various means to get out.
So the law is detrimental to the health of the child, Wont help either the commissioning parents or the surrogate it only helps to enforce the surrogates to give up their child. And helps the centers to make a child for any one who has money to spend.

Posted by: Bharati | Jun 22, 2010 10:32:26 AM

Great information. At least people would know and it's not really a good practice.
We are hoping that this law would be known to many people.

Posted by: Outsourcing Philippines | Aug 25, 2010 6:23:03 PM

The law is detrimental to the health of the child, Wont help either the commissioning parents or the surrogate it only helps to enforce the surrogates to give up their child. Its an informative blog...For more details you can visit mywebsite softwaredevelopmentoutsourcing(dot)org and

Posted by: Services- Outsourcing | Oct 25, 2010 1:42:02 AM

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