Dear All,
To start with, to me the new Notification
on Surrogacy is unacceptable and damaging to the progress of the Nation.
I, Vikrant Sabne, practicing Lawyer, and I have personally handled
more than 200 surrogates and Intended Parents agreements and I am an official
Lawyer associated with SurrogacyIndia for the past several years.
I write this in reference to
the MHA regulation restricting the Single Parents, Unmarried Couples and Couples
married for less than 2 years, intending to undergo surrogacy in India.
It is to my understanding:
1) ART Bill 2002 was
drafted by ICMR, under Ministry of Health and Family Welfare, which supervises
all medical research, and to set up State and National Advisory Boards to
Register ART Banks and Clinics.
a.
This bill made had kept
all the people of the world on same platform by giving them equal rights to parenthood. Single
father or mother, married or unmarried couple, could do surrogacy in India.
2) The ART Bill 2010 was
drafted under the guidance of ICMR, with experts from
a.
IVF Specialists
b. MoFHW: Deputy Commissioner, Asst. Commissioner, Dy Secretary
c. Scientist, Dr Bhargava
d. Sr. Advocate, Supreme Court
e. Public Interest Legal Support
b. MoFHW: Deputy Commissioner, Asst. Commissioner, Dy Secretary
c. Scientist, Dr Bhargava
d. Sr. Advocate, Supreme Court
e. Public Interest Legal Support
Who
are experts in their respective fields, have knowledge in entire process not
only limited to medical but also in legal, health and finances, involved in
Surrogacy Program. This expert team has themselves suggested certain changes in
the proposed bill, keeping the earlier definition of couple or individual as in
the previous bill to be correct. This only explains and gives equal opportunity
to one and all for parenthood.
3 3) Draw back of the bill to
my understanding:
a.
Discrimination on the
basis of nationality: Indian single parent or unmarried couple may undergo
surrogacy, but a foreigner cannot undergo surrogacy as per the Notification.
b.
Years of marriage: Most
of the countries, including India, accept live in relation as basis to
reproduce and have family. One of the studies claim more than 50% of children
born in Scandinavia alone are from unmarried couples (Sambolagen Law).
c.
Choice of partner: Few
countries accepts gay relationships, India itself has decriminalized gay
relationship. How do we discriminate people on the basis of choice of selection
of partner? A lesbian couple may still be able to reproduce and have family,
but is not a choice for gay couple. Interestingly, a foreign single parent /
unmarried couple can adopt a child in India (though tedious) but cannot do
surrogacy for valid medical reasons.
d.
Industry growth: This is
resulting in direct fall in medical tourism, and associated several allied industries
such as, hotel, hospitals, Indian tourism. Surrogacy alone is expected to be a
2.5 billion business in India.
e.
Social upbringing: Through
surrogacy several billion dollars are directly coming in and reaching the
surrogate mothers, the care takers, resulting into upliftment of poor class. I
have personally seen a woman post-delivery, her financial ability to take care
of herself, children’s education, drastically improves. I have personally seen
and validate that many of surrogates family and children are rewarded with
future benefits like free education in better schools, free medical treatments
for family, etc. by the parents and surrogacy agencies like SurrogacyIndia.
f.
Direct compensation to
surrogate: Surrogates families, who may earn in range of Rs. 3000-10,000 per
month, will get nothing less than Rs. 300,000 to 400,000 minimum, apart from 5
star medical care, free treatment, etc.Surrogate Families which never saw more
than Rs. 20,000-40,000 in life, can buy their own houses from the legitimate
income.
4 4) The women’s wing, ICMR,
Media have themselves requested for change in this notification. Please refer
the articles as attached along with.
Conclusion:
I believe if the authorities
feel, that there are certain malpractices happening in the surrogacy Industry,
during the process of surrogacy, then a law may such be Drafted as to curb such
malpractices and not scrap the entire process or industry.
Any such malpractices if at all
happening, can be taken care through strict conditions and regulations, in my
belief.
I also believe if the bill is
passed as it is, it will result in heavy revenue loss to the country and the
same revenue would shift to our neighboring countries, which is already
happening.The choice is ours!
a.
Such discrimination
based on above concerns, will also give an ill repute for our country, and as
such discrimination on basis of nationality would be against the principles of
natural justice and growth of the country.
b.
This new notification if
passed, will only be an attempt to deprive surrogates of their legal right to
earn their living and reach high standards in society through legitimate means.
I as a Lawyer request and invite all individuals and couples
desiring to undergo surrogacy in India, to send your suggestions,views,
comments and opinions directly on my email ID sabne.associates@gmail.com
I would appreciate if you could
do the same by sending me letters with your signatures, a consent to
Address: Vikrant
Sabne & Associates
Advocate High Court
305,
Dol-Bin-Shir, Janmabhoomi Marg
Flora Fountain, Mumbai – 400 001 (India)
Advocate Vikrant Sabne
References:
Single foreigners may get surrogacy option
Women's wing wants the term 'couple' redefined
Surrogacy law will wait for experts to address critical issues
Plan Panel wants to make surrogacy law more women- centric
Mumbai (Bombay) Time