SurrogacyIndia’s focus is in fertility, not infertility. Making babies, is possible. ‘Possible’ is what we believe in.


Friday, November 20, 2015

Do not stop foreigners from accessing surrogacy in India

Do not stop foreigners from accessing surrogacy in India and Allow Surrogacy for all without Discrimination

To Shri J.P Nadda

Honourable Health Minister

Government of India


We the undersigned are patients from India and abroad/Doctors/Advocates/ART Banks/Surrogate mothers and Egg donors from all over India request you not to ban Foreigners from accessing surrogacy in India. It has come to our notice from various media publications and also from the ICMR website that the health Ministry proposes to regulate the Assisted Reproductive Technology clinics and allow only Indian passport holders to have a baby through Surrogacy

This news which is being splashed across print and Electronic media in India and Abroad has led to a panic like situation with intended Parents,their surrogates and clinics left in a state of confusion and panic whilst the proposed Bill is still open for Public debate

Sir,  for centuries India has been Known as the Cradle of civilization and over the past few year India has proudly developed into a focal point for reproductive care, particularly gestational surrogacy. Surrogacy happens when a woman agrees to gestate a child for another couple or individual. There are various reasons behind why a woman is unable to bear a child, due to uterine cancer, absence of a uterus, miscarriages, hysterectomy (uterus removal), medical problems etc. It has been practiced in India for years, with a very developed infrastructure of clinics, agencies, hospitals and embryologists all participating. There are thousands of successful cases of happy families from Indian and Abroad who have benefitted due to developments in reproductive medicines and because of the skill and Expertise of the Indian medical professionals.

Sir we believe that Surrogacy and ART treatments should be allowed for people from all across the globe without discrimination. Banning a medical boon like Surrogacy will not only affect Infertile couples from having a baby but will also stop a sizeable number of tourists from coming to India as patients who come for Surrogacy/IVF come along with their families  and go sightseeing across India and this contributes to the economy by helping the Hotel industry, Airline Industry, Automobile Industry etc as some patients stay a stretch of anywhere between 30 to 90 days in India whilst they wait for their respective countries to provide travel documents for their new borns.

Even The women and child development (WCD) ministry of India has proposed to the health ministry to allow Surrogacy to everyone, including unmarried couples and those in live-in relationships etc. In its comments sent to the health ministry on the proposed Assisted Reproductive Technology (Regulation) bill, 2013, the ministry has opined that surrogacy should be allowed for everyone, irrespective of marriage. According to the definition of "couple" (as stated by health ministry) , the WCD has suggested that the definition of "couple should include everyone who wants to avail Assisted Reproductive Technologies and surrogacy, irrespective of marriage."

Sir if India has to emerge as an economic and social super power it has to be Inclusive and not discriminate against foreigners especially when India is their biggest hope for having their own genetic baby.  Hundreds of Affording Indians go abroad for organ transplant procedures and similarly Hundreds of foreigners look to India for affordable medical care including surrogacy.Imagine how we would feel when we would be stopped from going abroad for highly specialised Medical care which sometimes may not be available in India.

Surrogacy has always been in the news thanks to the NGO’s and vested media interests in India and abroad and it is extremely disappointing to hear the often repeated and unsubstantiated argument of  Indian women  being exploited by foreigners, the truth is that this argument is being used by anti-surrogacy groups who are against Assisted reproduction technologies like IVF and Surrogacy. Contrary to popular perception,foreigners do not come to India solely because it is cheap, they come here because of the Professionalism, skill and expertise of the Medical professionals,lawyers and the love and commitment from the Surrogate mothers and Egg donors.
Surrogacy is empowering for Indian Women and it must be encouraged by passing tighter regulations but banning in this era of right to Information and transparency is not the answer as it will only take the practice underground into the hands of unscrupulous elements

 Sir -Our Beloved PM works tirelessly to improve the Indian Economy and bring in Tourism and Foreign Investment and your Slogan “MAKE IN INDIA” has caught attention all over the world and  on the other hand it is saddening to learn that the Health Ministry is thinking of preventing Medical tourism and revenue from entering India by stopping foreigners and single Men and women from accessing reproductive treatments in India.

Thousands of Professionals, patients, Surrogate mothers and Egg donors involved in this field plead with you not to take away their Right to Reproduce and their constitutional right to work.


Wednesday, November 18, 2015

For exporting of Gametes or Embryos out of India.

We received this email from ​​​​Surrogacy Advocacy Abroad and we request all our patients to look into it.

We write to you as
​​​​Surrogacy Advocacy Abroad. Our aim is to start a class action (working in conjunction with your good selves), bringing a case in hopes that the Courts will look on parents and potential parents who are suffering due to the recent changes and the consequences of Government authorities going against in kind of due process or diligence.

We (SAA) has engaged a Lawyer and will file (2) actions

(1)    Against the ICMR
(2)    Protecting the Embryo’s

To act in the manner the ICMR have is an actionable wrong as much as any action by such public servants following ICMR letter such as the Indian Embassies cancelling medical visas based on the ICMR letter for which the aggrieved person can seek damages for all the physical, mental, emotional, psychological, loss and sufferings caused to him or her.  It has been suggested by our lawyer that “we could also include clinics on the financial impact this will have on their business livelihood”

We also ask the Court, in the event foreigners are banned from India, to be access surrogacy and complete sibling projects with their current genetic material stored in India, further that the Court makes a subsequent order for a grace period to allow the opportunity of families to complete.

We write to you today as we need your help to identify any current or  past clients “all clients even same sex ”that have genetic material (sperm or embryo’s) stored in India”, who trusted India to realise a family or those who are wishing to complete sibling project in India. An estimation of client numbers from each clinic would be helpful as we can include that estimate as possible IP that could be part of our petition. We seek your support in encouraging all clients to join.

We would ask that you share the following with your client group as a matter of urgency

For the clients to be part of our Class Action to be able to access and use their genetic material in India, they need to email: advising that they wish to participate in the Class Action, and the Country they reside, we do not need to know their clinic details. As part of this action, they will be required to contribute $150.00 towards the class actions cost. Payments can be made through this link: to

We believe that the Courts will look on an action taken by potential parents more favourably and with sympathy. If successful, we believe that the courts will only allow such those named in the petition to have the grace period, rather than this being generalised to all IP’s.

Any further contributions would be gratefully revived. If we exceed our numbers we are also happy to contribute our surplus funds to any legal action focus on saving surrogacy in India.

For more information on SAA please visit our website www,

If you require any additional information please don’t hesitate to contact me

Warmest Regards

Kylie Gower