India is a main destination for surrogacy. Indian surrogacy is increasingly popular in the world and it is a boon and blessing to the infertile foreign couples also because of its relatively low cost that too at modern facilities that exist in the clinics. The clinics (in Kolkata, Delhi, Mumbai, Tamil nadu etc.) operating clandestinely, charge patients between US$ 10,000 to 28,000 for the complete package, which is cheaper than anywhere in the world and so there is a quite a good flow of needy couples from abroad in India.
This has commercially benefitted to the secret clinics in India which are doing roaring business, but that ‘ blessings in disguise’ also helps to poor surrogate aspirant mothers to overcome their abject poverty. It is a profiteering surrogacy business/industry as an yearly turn over in this business estimated is over two billion U S dollars. However, Indian government imposed ban on foreigners in Nov 2015. Most nations in the world do not allow commercial surrogacy except the US, Russia, and a few others allow it commercially.
It may be recalled that in 2008, the SC of India in the Manji’s case (Japanese doctor couple’s baby, surrogacy is not legal in Japan), had held that commercial surrogacy is permitted in India which has again increased confidence in going in for surrogacy in India. But as of 2014, a surrogacy ban has placed on homosexuals couples and single parents.
In the proposed comprehensive ‘The Surrogacy Regulation Bill 2016’, firstly foreigners are strictly banned to avail such facility in India, as India does not support and in favour of a commercial surrogacy, and If the surrogate mother receives money for the surrogacy, the arrangement/agreement is considered as a commercial surrogacy, if she receives no compensation beyond reimbursement of medical and other reasonable expenses, it is referred to as altruistic (selfless concern for the well being of others) and India believes in the latter.
The provisio in the bill, further states that only local infertile couples, married for atleast five years would be able to seek a surrogate who (the latter) must be a close relative. I feel that this clause should be changed, substituting a suitable one, which will go in the favour of really needy childless couples.
