Family Law Prof Blog

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

Saturday, November 26, 2011

"Any fool can have a baby, it takes a smart woman to get paid for it"... a quote from an Indian surrogate candidate interview in the NYT.  The article further points out:

Since 2002, when commercial surrogacy was legalized in India, the surrogacy industry has boomed, becoming a key part of the country’s lucrative medical tourism market. The cost of surrogacy for prospective parents is about $14,000 in India, compared with an estimated $70,000 in the United States. A 2008 study valued the assisted reproductive industry in India at $450 million a year.

Up to now, India’s laws have not addressed directly the complexities of surrogacy, though an assisted reproductive technology bill is before Parliament and expected to be ratified by early next year. But a team of researchers from Sama, a nongovernmental women’s health organization, has raised concerns about the bill in a recent paper...

The legislation attempts to regulate the clinics and doctors engaged in reproductive technologies and their relationship with prospective surrogate mothers.

While Sama welcomes this attempt to govern the industry, it fears the legislation favors the rights of the commissioning couple over those of the surrogate mother. The bill makes it clear that women engaged in commercial surrogacy will have no rights over the child they have contracted to bear. The proposed law does not spell out what a surrogate mother would be paid in the case of a miscarriage or other complications during pregnancy.

Read more here.


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Commercial surrogacy is a great idea, but it has to be heavily regulated. If not, the industry could quickly be over taken by crooks who only care about making a buck and do not care about the lives being effected by the process.

Posted by: Tulsa Divorce Lawyer | Nov 26, 2011 7:35:53 PM

Personally I think this is good that new legislation is going before Parliament as the clinics and doctors should be fully regulated. The surrogacy industry in India really does seem to be booming which is great for the countries medical tourism industry.

Posted by: Vanessa Lloyd Platt | Nov 28, 2011 5:37:08 AM

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