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Why surrogacy banned in India for foreign couples

Why surrogacy banned in India for foreign couples


The India government has passed an act to ban surrogacy for the foreign couple. The government referred it as an altruistic surrogacy, where the surrogate mother is paid as a fee. The Supreme Court passes an affidavit that, only the needy Indian infertile couple would be allowed to use this altruistic surrogacy. For more than two decades, India has become the favorite destination for the reproductive tourism. India is offering lower costs of IVF and other infertility treatments compared to then other foreign countries.

But the results of surrogacy are uncertain in India and many of the surrogate mothers were dying due to the complications during the pregnancy and also due to the unavailability of good post natal care. Contracts between surrogate mothers, who are often poor, and the intended parents are sometimes structured in a manner that the former assumes all medical, financial and psychological risks, absolving the latter of liability. Sometimes doctors inject multiple embryos into the surrogate mother’s womb to ensure higher success rates. There are cases that the babies born with physical and mental disabilities or also unplanned twins being discarded by the planned parents.

Thus the Indian government suddenly announced a ban on foreigners using the country’s booming surrogacy business amid claims about baby factories. So the unexpected announcement of a ban caused agony amongst foreign couples, many of the British whose unborn babies are being carried by Indian surrogates. Under the new law, the penalty on couples refusing to take guardianship of a surrogate child born with disabilities has also been proposed. The Indian government is now developing a framework which is very legal and comprehensive for not only protecting the surrogate mother but also foe prohibiting and penalizing commercial surrogacy.

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