Surrogacy bill discussed in UPCOG Conference (Uttar Pradesh Chapter of Obstetrics and gynecology conference) in Varanasi on 17th November 2019: Dr Shivani Sachdev Gour
An old interview with Dr Shivani Sachdev Gour on the topic of How big is the surrogacy industry in India? What’s the future outlook?
Roots of surrogacy are traced long back in the History of India. The world’s second and the India’s first In Vitro Fertilization or IVF baby that was born in India in the year 1978 was Kanupriya alias Durga. Since then this field of the surrogacy or Assisted Reproductive Technology has developed immensely.
It was in the year 2016 that the Surrogacy regulation bill was approved in India. The bill was aimed at prohibiting the exploitation of surrogate mothers and all the children that are born through ART or surrogacy. There are cheap surrogacy clinics in India that have been dealing successfully with this intricate process.
All the intended parents that hope to get blessed with child and looking for the best and low cost surrogacy clinic in Delhi or elsewhere in India should be aware of these 12 important points of the surrogacy regulation bill.
Given here are a number of important facts that people are unaware about.
- According to the bill passed in 2016, only the Indian couples that have been married for 5 years at the least can go in for surrogacy and at least one of the intended parents should have a fertility related issue.
- Only the close relatives (not only the blood relations) would be able to offer an altruistic surrogacy for all the eligible couples who want to bear children.
- New bill passed by the Union Cabinet in India puts a blanket ban on the commercial surrogacy.
- The new bill also bans live-in couples, unmarried couples and homosexuals from opting for the altruistic surrogacy.
- In India if any woman wants to be a surrogate mother there should be only an altruistic purpose for that. Under no circumstances that woman would be paid for the surrogacy. But, the payment can be made for the medical expenditures.
- Surrogacy regulation board would be set-up both at the Central and the State-level.
- This law will be applicable all through India except in the state of Jammu and Kashmir.
- All the Assisted Reproductive Technology (ART) clinics are required to be registered.
- These clinics charge their clients for the services rendered during the entire surrogacy period. But, there is no provision of paying to surrogate mothers.
- Abandoning the child born through surrogacy, exploitation of surrogate mothers, selling and important of the human embryo all the acts are categorized as violations and hence these all acts are subjected to penalization and a jail term of 10 years at least and a fine to the tune of 10 lakh.
- Surrogate hospitals in Delhi or rest of the part of India have to maintain the records of up to 25 years.
- Children born through the process of surrogacy have the same rights as those of biological children have.
Dr. Shivani Sachdev Gour is one of the leading surrogacy experts in India. She has been running surrogacy clinic in Delhi and are trusted because of high success rate record. To know more about her you can read Dr Shivani Sachdev Gour reviews online.
Marriage is an institution where two individuals get tied in a relationship mutually. When the couple plans to take a responsibility of becoming parents, the period seems to be very golden. But, for few of the couples, the moment of truth shocks them. They realize that the alternative to pregnancy is what can retain their happiness. This is simply due to some of the issues due to which the woman cannot conceive or there may be some complications in any of the two individuals. In either of the cases, the only solution is to make the utmost use of surrogacy in India. Basically, with the help of surrogate mother, the couple can cherish the moment of becoming proud parents of the child.
But, there are certain laws associated with surrogacy in the Indian law. It is necessary to abide by these laws while looking for a surrogate mother or signing the surrogacy agreement. This will keep both the surrogate mother and the couple on the safer side and experience the magic of this scientific yet medical process. Nevertheless, one has to follow the laws related to surrogacy in India prior to accepting this medical way conception. One of the major laws of surrogacy in the Indian law states that no form of trafficking is acceptable, wherein, the person is being administered with narcotics or any such stuff. This is a sheer form of injustice and unlawful activity from the point of Law.
Besides, the lady who agrees to become a surrogate mother should not be tortured or injured as a consequence of trafficking. This indeed is unlawful act and prohibited by the Indian law during the process of surrogacy. According to the amended laws for surrogacy in India, if any person is found guilty as a result of practicing trafficking on the pretext of trafficking gets punishment or rigorous imprisonment. The Indian law is very particular about these amendments because even surrogate mothers have a right to freedom and they should not at all be manipulated by anyone. Apart from this, in no way, should anybody administer chemical substance in the body of surrogate mother to attain sexual maturity! This is a punishable office, as directed by the Indian law.
Over the years, surrogacy has become acceptable in different parts of India, but, people need to be informed about its ethical approach. In simple words, there is a list of offences and penalties which are listed in the stream of law with respect to surrogacy in India. One of the major offences includes the illegal migration of a person as a part of surrogacy. This is not permitted in the Indian law and often counts as the activity under human trafficking. Furthermore, it should be remembered surrogacy in Indian society is just a way to assist the couples lead a happy family. In no way, should people misuse this medical boon because the laws related to this condition are very strict.
Lastly, the couple that wants to bear a child through surrogacy should definitely abide by the Indian rules! In this way, even the surrogate mother will neither be uncomfortable nor will the couple have to witness the law offenses or penalties!
Doctors usually suggest surrogacy as last resort to multiple IUI and IVF failures or in cases of extreme medical conditions like Cancer or extreme cases of PCOS and PCOD. It can also be opted by single parents or same sex couples or by those females who have uterus abnormalities or cases of unexplained infertility.
Surrogate Mother: One who carries the child of a couple for nine-month term under a legal contract is known as surrogate mother. It is always important to make sure that the surrogate mother knows all the regulations and laws under which she has agreed to bear the child in her womb. Surrogate mother is compensated for their entire pregnancy duration by the intended parents.There is always a risk involved when directly dealing with the surrogate. So, it is required to go for surrogacy from either surrogacy clinic or agency. This will help you save your time as well as cost. Surrogacy clinics are the best choice as these are reliable and compliance legally during the entire procedure of surrogacy.
Surrogacy might not be the pathway that has been decided, but it is the road chosen when there is no option left after trying multiple fertility treatments to conceive a baby. Surrogate mother parts the most important role during surrogacy because she is the one who carries a baby for the entire nine-month duration. Surrogacy clinics or agencies are the ways to find an eligible surrogate mother.
What Should Be the Qualities of A Surrogate Mother Before Her Selection For Surrogacy Procedure?
A woman must eligible to be a surrogate mother if she fulfills the below-mentioned parameters. Always check these parameters before finalizing a surrogate mother.
- Female who is a non-smoker and non-alcoholic proves to be the best surrogate mother.
- Female between 21-35 years of age is best suited for the role of surrogate mother.
- Female with the regular menstrual cycle.
- Female with a valid identity.
- Female with accurate BMI.
- No other medical history.
- Must have given birth to a child in the past.
- A responsible female with a normal lifestyle.
- No older history of criminal offense.
- There are various surrogacy clinics, which provide surrogate mother through mutual and monetary consent in a legal manner.
What Questions to ask from surrogate before signing the contract?
Before signing the legal contract with the surrogate, you can ask her a few questions to make sure that you have chosen the best surrogate mother who can fulfill all your requirements. Go through the list of the common questions that are asked by the intended parents to the surrogate occasionally.
- What is the reason behind becoming a surrogate?
- How many successful pregnancies without complications she has been through?
- Does she enjoy pregnancy time?
- Is there strong support to help during pregnancy?
- Is she agree to become surrogate for you?
- Does she have any problem, with you and your partner?
The questions and interrogation will help you in communicating your concerns and needs directly to the surrogate mother. Plan appropriately and go for the best selections of a surrogate mother.
Surrogacy is a promising treatment for infertility. It can potentially solve many intolerable difficulties that the infertile couples and their families face. A Surrogate or Surrogate Mother is a woman who bears a child on behalf of another woman, either from her own egg fertilized by the other woman’s partner or from the implantation of a fertilized egg from the other woman in her uterus.
A couple, who want to have baby through surrogacy, has to take a decision on the type of surrogacy they want to pursue.Surrogacy is categorized into two types:
In traditional surrogacy, the surrogate is biologically linked with child she carries thus this surrogacy is also known as partial or genetic surrogacy. The genetic relationship between child and surrogate makes traditional surrogacy emotionally complicated. Traditional surrogacy is mostly used by single men, same-sex male couples and women who cannot produce healthy eggs because they need a donor’s eggs. When the intended surrogate is inseminated with the semen of the husband of the couple, the procedure is known as straight surrogacy or traditional surrogacy.
Gestational surrogacy, also called partial surrogacy or host surrogacy, is the most common type of surrogacy today. In gestational surrogacy, the surrogate mother is not genetically related and will be free from all responsibilities after delivery of the child.
- When a sperm or an ovum is donated by a third party, fertilized by IVF, and transferred to a surrogate, it is called Gestational Partial Surrogacy.
- If both the sperm and ovum are donated by a third party, fertilized by IVF, and the resulting embryo is transferred to a surrogate, it is known as Gestational Full Surrogacy.
Traditional Surrogacy Vs Gestational Surrogacy
The major difference between gestational and traditional surrogacy is the surrogate’s biological connection to the child. Before opting surrogacy as an option, intended parents need to consider all of the following factors to decide between traditional vs. gestational surrogacy:
- Medical Process: Traditional surrogacy uses IUI, whereas gestational surrogacy uses IVF as medical procedure.
- Legal Process: Traditional surrogacy laws tend to be more complicated than gestational surrogacy laws. In traditional surrogacy, surrogate mother also has parental rights and need to be terminated after the baby is born.These additional legal procedures are not required in the gestational surrogacy process.
- Costs: The cost of gestational surrogacy is considered to be higher than that of traditional surrogacy. This cost difference is due to the different medical process it involves. IUI is less expensive than IVF and tends to involve fewer medical procedures and fertility treatments.
- Risks: Traditional surrogacy contains a greater emotional and legal risk than gestational surrogacy. In traditional surrogacy, being the biological mother of child, surrogate mother may possess emotional feelings for the baby. In that case, she can theoretically challenge the surrogacy arrangement in court, which could result in a lengthy and expensive legal battle for everyone involved.
- Acceptance: Traditional surrogacy is banned in many countries including India due to its legal and emotional complications; whereas this is not the case with gestational surrogacy.
IVF (In-Vitro Fertilization) is a process that provides couples an opportunity to have a baby when other treatments have failed or are not appropriate. But the major question is, what are the conditions and factors to opt for IVF treatment?
There are some medical conditions in which couples should think about an IVF treatment.
(IVF) has become an established treatment for many forms of infertility. Infertility can be in women or men both. Usually, infertility means not being able to get pregnant even after one year of unprotected sex (or six months if a woman is 35 or older). Following are some reasons in which IVF is helpful to conceive a baby.
- Fallopian tube damage or blockage.
- Ovulation disorders.
- Premature ovarian failure.
- Uterine fibroids.
- Previous tubal sterilization or removal.
- Impaired sperm production or function.
- Unexplained infertility.
A couple can opt for IVF treatment if either of the partner has a genetic disorder that they do not want to pass on to their baby. In this case, healthy egg or sperm is taken from donor and fertilized in lab using IVF.
Fertility Preservation for Future Use
IVF treatment is helpful in fertility preservation to freeze eggs or sperm for future use. If either of the partners is suffering from cancer and about to start a treatment, they can arrange to freeze their healthy eggs or sperm, as chemotherapy and radiotherapy can harm fertility. These eggs or sperm can be thawed later and used in IVF once the cancer treatment is over.
Apart from medical conditions, there are some factors that lead couples to opt for IVF treatment.
- The couple should be financially strong or must have a financial source for treatment; as IVF treatment is an expensive process.
- The couple should be determined and patient enough to conceive a baby by this method; because IVF treatment may not be successful in one cycle and may require two or three cycles for result.
Hi SCI family,
We want to wish you all a very happy and successful year ahead. May the Diwali festivities bring a lot of light, joy and cheer to your clinic for the whole new year and always.
Attached is a picture of Gabi and Leo. We celebrate Diwali every year as part of our family tradition.
Always thinking of you and our lovely surrogate mother.
Marina, Jesse, Gabi and Leo
Dear Dr Shivani,
It’s impossible to put into words our gratitude to you and your team. You have helped us to feel whole again and you will be in our hearts forever.
Thank you so much for helping to bring our precious angels for us i.e. Cian and Clava.
Much love to thanks
Lisa and Michael
Hindustan Express – Gwalior 29th April
More than 70 consultants participated in a CME arranged by the Gwalior Obstetrics and Gynaecological Society at hotel Landmark Annexe. While welcoming everybody Dr Kusum lata Singhal said that looking at the increasing rate of female infertility, we have decided to hold our first conference about female infertility. Dr Veera Lohia, Secretary of the Gwalior Obstetrics and Gynaecological Society said that approximately 30 percent women are coming with infertility problems that generally have polycystic ovary where they face problem in producing eggs. Lifestyle diseases which used to occur in big metropolitan cities have started spreading in small cities like Gwalior. Weak protein diet, erring lifestyle and bad eating habits are the root causes of polycystic ovary cases.
Dr Shivani Sachdev Gour, Secretary of ISAR, Indian Society of Assisted Reproduction, spoke about the role of medicine Latrozole in the polycystic ovary. Apart from this, she advised about future of Surrogacy, ART guidelines and also spoke about the need to register with ICMR for treating infertility. Only 400 clinics are registered in entire India. New surrogacy rules will make next to impossible for ordinary people to avail surrogacy because only close relatives will be able to be surrogates. This is the only option and other guidelines will make success difficult for nucleus families. This might happen that for treatment of joints also there won’t be any alternative in India but people will have to travel to United States of America, Ukraine or Kenya. The other speakers of the event also addressed similar issues.