SC seeks clarity on surrogacy

NEW DELHI: The Supreme Court Wednesday sought the government’s response to a petition asking for a ban on commercial surrogacy contracts, claiming such “unethical” agreements were against public policy and as a result, India had virtually become a “baby factory.”

A bench headed by justice Ranjan Gogoi has also asked the Union ministry of commerce to let the court know the provision under which import of human embryo from various countries is permitted.

The petitioner before SC has alleged it amounted to human trafficking. SHEKHAR NAPHADE, lawyer representing petitioner

Jayashree Wad, an advocate who filed the PIL, stated that many foreigners visit the country to avail the services of Indian women regarding surrogacy.

The court has given four weeks to the ministries of home, law, health, commerce and external affairs to respond. The Medical Council of India and the Indian Council of Medical Research were also served notices.

“The women in question come from poor or lower middle class families. They render their services for a fee. Thus, in this whole process of surrogate motherhood a commercial element is introduced and the women are exploited. Doctors and hospitals derive substantial benefits from their services. This is exploitation of womanhood for commercial gain,” said Shekhar Naphade, who is Wad’s lawyer.

According to Wad, there is no authentic data regarding the psychological effect on surrogate mothers and the child that would be born.

Recently, a tribal woman from Jharkhand filed a complaint with the Child Welfare Committee alleging she had been kidnapped and forced to act as a surrogate to several babies, which agents then sold to couples.

Another woman too came forward with a similar complaint. The CWC is looking into the case to see if there is a wider trafficking ring at work.