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Friday, September 13, 2013

SUPPORT SURROGACY IN INDIA


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
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
SUPPORT SURROGACY IN INDIA

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












2 comments:

Neelam Chhagani said...

A very elaborative and useful write up. I believe what you wrote is absolutely right and all your recommendations should be taken care.

Tandoori Viking said...

Thank you! I hope it's ok for me to put a link to this post on my blog?