It is hard to believe that the land of snake charmers had a legal system of Commercial Surrogacy while many developed countries like France, Germany, Italy, etc. had already banned it and numerous other countries don’t even speak about it. As a matter of fact, in Hong Kong and a few parts of Australia, performing the practices of commercial surrogacy is a criminal offence. But it seems that India, though being one of the few countries along with Russia, Ukraine, etc. has been thinking upon banning surrogacy from the nation.
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Needless to say that bearing the biological children of another couple leads to a billion dollar industry with India being in the list of countries with highest number of surrogates so far. This has been due to the lesser cost that people have to invest to hire a surrogate in this developing nation than they have to spend in their native place. This is why; people from all over the world come over to the peninsular subcontinent looking for a female who could act as a child bearer to their kids. It costs half the amount for a surrogate in India than it costs in other countries. Then why is the government banning this practice?
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Everyone knows that 2015 has been a year of ban for India, and proposing a ban on about 50% of surrogate market has also been the local government’s agenda. On November 04, 2015, government proposed Assisted Reproductive Technology (ART) Bill, which contained the agenda for restricting surrogacy in India only to Indian couples and to those foreigners who have been married to Indian citizens. This actually accounts for restriction of the majority of Indian surrogacy market and surrogate mothers have been revolting against this.
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This all started with the Baby Manji Yamada case of 2008, where the biological parents of the yet unborn child in the surrogate mother’s uterus got divorced and both the parties refused to keep the baby. The custody of the newly born was then granted to the grandmother. Though the matter got resolved peacefully but the government of Gujarat did get extra careful with this whole surrogacy thing. A few other cases have also rose to the surface but all of them were provided with a solution.
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So the question that comes is if the reason is enough to ban foreigners from looking for surrogate mothers in India? The answer seems to be a plain NO, the reason being the people willing to bear the child in their uterus without any problem. The surrogate mothers of the nation work with full consent and with satisfaction. They don’t blame the foreigners for any such problem, though they do have a problem with their agents that take up 50% of their promised amount as a commission. But this is a whole other problem.
In simple words, as far as the surrogate mother is ready to bear the child, there should be no one forcing her not to do so, be it the government! Though the government tries to help us out but they also need to look deeply into the matter, and it is assured that they will find their decision wrong in many ways. Banning is not the solution; instead providing proper healthcare facilities and other benefits to the surrogate mothers is what everyone looks forward to! Moreover, if the industry is banned, the whole industry will go underground and this will become yet another source of black money.