SURROGACY

Ethical or Unethical !!

Presented By:
Neha Islam
Table of Content
 Introduction
 Origin of Surrogacy
 Types of Surrogacy
 Issues Related with Surrogacy
 Religious Views on Surrogacy
 International Views on Surrogacy
 Case “ Baby Manji”
 Law Commission of India (report NO. 228)
 Surrogacy Regulatory Bill 2016
 Case (US Couple-2016)
 Conclusion
Introduction
 Ever since technology had been dramatically
improved in past years, it benefits many ways
to the human life.
 One way of these benefits is for those sterile
married couples, the advancement of
technologies will make their dream come
true.
 One of the most controversial ways to have a
baby is called surrogacy.
Definition

 Surrogacy is a method of reproduction whereby

a woman (referred to as surrogate) agrees to
carry a pregnancy and give birth as a substitute
for the contracted party/ies. Surrogacy may be
Natural (traditional / Straight) or Gestational.
-Indian Law
 The word ‘surrogate’ has its origin in Latin
‘surrogatus’, past participle of ‘surrogare’,
meaning a substitute, that is, a person appointed
to act in the place of another.
 Many people favoring pro-life are strongly against
the surrogacy method because they think it is
against moral issues and degrading for a women’s
body.
 However there are those that oppose the pro-life’s
idea and think that as long as the situations are
suitable and beneficial towards both sides then it
shall be fine.
 Everyone has different opinions about surrogate
mothering method because everyone is raised in
different ways and background; so it is hard to
judge someone’s opinion based on what he or she
believes.
 Methods of Surrogacy
 Traditional surrogacy:
 In traditional surrogacy, the surrogate mother is
impregnated naturally or artificially, but the resulting
child is genetically related to the surrogate mother. A
traditional surrogate is the baby’s biological mother
since the child was conceived from the union of her
egg and the father’s sperm.
 Gestational surrogacy:
 In gestational surrogacy, the pregnancy results from
the transfer of an embryo created by in-vitro
fertilization (IVF), in a manner so the resulting child is
genetically unrelated to the surrogate. Gestational
surrogate mothers are also referred to as gestational
carriers.
 Types of Surrogacy
 Commercial Surrogacy?
 Implicates that the Surrogate Mother is rewarded
compensation fee for her involvement. This fee covers not
only medical expenses but also miscellaneous expenses
related to the pregnancy, including travel provisions, but a
sum for her time and unselfish efforts.
 Altruistic Surrogacy?
 Conceals the Surrogate Mother in agreeing to become
pregnant and delivering the baby for the Intended Parents
without any rewarding financial compensation. Conversely,
in this case, the Surrogate Mother can still be compensated
for her pregnancy-related expenses.
 Throughout some places in the world, commercial
surrogacy is illegal and gestational surrogacy is
prohibited in other places.
Origin of Surrogacy
 The first "official" legal surrogacy agreement was
enacted in the mid-1970's in US with the child
who was referred to as Baby M.
 During that same time frame, surrogacy made
the national and international news with the
world's first "test tube" baby, Louise Joy Brown.
 The world's second and India's first IVF (in vitro
fertilization) baby, Kanupriya alias Durga was
born in Kolkata on October 3, 1978
 In 1980s, 37-year old woman, was paid $10,000
for the successful delivery of a baby boy.
Issues Related with
Surrogacy
 Attachment with the Gestational Mother
 Involvement with the Gestational Mother
 Identity of the Child
 Compensation
 Surrogate health issues
 Detachment of intended parents
 Social Issues
Religious Views

Religious views on surrogacy vary from complete

prohibition to acceptance.

 Christianity
 Catholic Catechism: surrogacy is "gravely immoral“
 Protestant denominations: liberal attitude to infertility
treatments and surrogacy
 Judaism
 Positive towards surrogacy as long as nobody is
harmed in the process.
Continued…
Continued…

 Islam
 Divided views on infertility treatments and
surrogacy.
 Buddhism and Hinduism
 Buddhism: Totally accepts surrogacy
 Hinduism: Allows infertility treatments in specific
circumstances
Baby Factories
 India's surrogacy industry is vilified by women's rights
groups who say fertility clinics are nothing more than "baby
factories" for the rich.
 The Akanksha clinic in Anand is the best-known at home
and abroad, giving the small town in Gujarat state the
reputation as India's "surrogacy capital“
 Charging couples like Rekha and Daniel an average of
$30,000 to $50,000, a fraction of the cost in the United
States, Patel pays her surrogates around 400,000 rupees
($6,500).
 In 2002, surrogate mother Premila Vaghela, 30, died days
after delivering a child for an American couple at a clinic in
Gujarat. It was recorded as an "accidental death" by police.
International Views:

 AUSTRALIA
 Altruistic surrogacy only available. No donor or
surrogate matching available. Advertising for
surrogates not legal. All donors must be identified
 Foreigners cannot access surrogacy.
 MEXICO
 Increasingly popular Surrogate birth only legal in
Tabasco state (Villahermosa)

Continued…
Continued…

 NEPAL
 Increasingly popular. Only non-Nepalese can be
surrogates, so all surrogates relocate from India
 Currently > 8 offshore agencies working with 3-4
locally-based embryologists and IVF specialists
 USA
 Foreigners can access surrogacy.
 It is legal and proper laws are present.
Cost In Surrogacy

 Families Through Surrogacy, an international

non-profit surrogacy organisation, has estimated
the approximate average costs in different
countries:
 US - $100,000 (£60,000)
 India - $47,350
 Thailand - $52,000
 Ukraine - $49,950
 Georgia - $49,950
 Mexico - $45,000
Case Baby Manji

 Baby Manji, or 'Baby M', was born to a

surrogate mother through invitro fertilization
— using a Japanese man's sperm and an egg
from an unknown donor — at Anand in
Gujarat on July 25, 2008.
ART Bill 2008

 Bill acknowledges surrogacy agreements and

their legal enforceability.
 Rule for foreigner and foreign couples.
 Child identity if parents get divorced.
 Service of 1 surrogate, in lifetime.
Law commission of India
 5th day of August, 2009
 Need for Legislation to regulate Assisted
Reproductive Technology Clinics as well as
Rights and Obligations of Parties to a
Surrogacy
 The parents construct the child biologically,
while the child constructs the parents socially
Points:
 Surrogacy arrangement will continue to be governed
by contract amongst parties
 A surrogacy arrangement should provide for financial
support
 Insurance cover for surrogate mother
 One of the intended parents should be a donor
 Legislation itself should recognize a surrogate child to
be the legitimate child
 The birth certificate of the surrogate child should
contain the name(s) of the commissioning parent(s)
only
 Right to privacy of donor
 Sex-selective surrogacy should be prohibited & Cases
of abortions should be governed by the Medical
Termination of Pregnancy Act 1971 only
Surrogacy Regulatory Bill
2016
 According to Minister for External Affairs, the
need for the Surrogacy (Regulation) Bill,
2016, came after India emerged as a
surrogacy hub for couples and the increased
number of incidents reported on unethical
practices.
Issues Addressed...
 It bans commercial surrogacy (India – a
reproductive tourism destination)
 Foreigner nationals can't get Indian surrogate
mothers
 It legalises surrogacy for infertile Indian couples
 The length of your marriage matters
 You can't pay a surrogate mother
 You can only approach a close relative for
surrogacy

Continued…
Continued…

 If you have a child, you can't try for another

one
 Surrogacy will be allowed only once
 Surrogacy regulatory bodies
Case (US Couple-2016)

 A US Couple has deposited their embryo

in India before the Surrogacy Bill 2016 for
surrogacy.
Conclusion
 Surrogacy is ethical if the rights of the
intended parents as well as surrogate is
protected.

 Various intermediate parties get advantages

of the situation of needy that is purely
unethical.

 Surrogacy Bill, 2016 appears focused on

banning more than regulating it.
Continued..

 The recent bill has not addressed anything for

the women who are currently living as a
surrogate.

 The person who actually need this, should get

the advantage of this scientific technology.

 Adoption is better than surrogacy.

 References
 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC35310
11/
 http://www.hindustantimes.com/mumbai-news/new-
surrogacy-law-help-2-us-couples-stuck-with-the-
ban/story-BkSlH4MgjousB6JTudW8AI.html
 http://www.businessinsider.com/india-surrogate-
mother-industry-2013-9?IR=T
 http://www.business-standard.com/article/pti-
stories/hc-allows-us-couple-to-make-representation-
to-govt-on-embryos-116102601195_1.html
 www.modernfamilysurrogacy.com/dshbkds/12/?qw
 www.familythroughsurrogacy.com/surrogacyprice/all
 http://www.bbc.com/news/world-28679020
 GOVERNMENT OF INDIA: LAW COMMISSION OF
INDIA (Report-228)
Thank You