India Review & Analysis

New bill seeks to end rent-a-womb practice

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It's the end of surrogacy in India, say experts after the Surrogacy (Regulation) Bill 2019 was tabled in Parliament.

The Bill was termed "illogical" by some, but many said it was high time the practice of commercial surrogacy was checked. Between 2010 and 2014, India had become the surrogacy capital of the world.

"It is a matter of time before the Bill is passed, since the government has a majority. But the Bill is illogical. In today's world, when relations between family members are turning sour and the size of families is decreasing, it will be difficult to ask your family member to be a surrogate," said Gaurav Wankhede, founder of Become Parents. The legislatio­n allows only close relatives to become surrogates for ethical, altruistic reasons.

Wankhede also emphasized the fact that between relatives and a family, it gets tougher as legally the claim of the child lies with the mother, but moral grounds also play a role.

However, fertility experts and gynaecolog­ists in the country felt that the poor or the underprivi­leged shouldn't be misused or pushed into surrogacy and supported the end of commercial exploitati­on.

"Yes, some people do it voluntaril­y, but what if their families are pushing them into it for monetary gains? I think it is a good move by the government and the underprivi­leged shouldn't be misused. It is better if it is done within the family. Regulation­s are needed to ensure people aren't pushed into it because of their socio-economic status. It will also open doors for uterus transplant­s, which would be a good initiative," said Dr Prabha, gynaecolog­ist and fertility expert.

The legislatio­n allows surrogacy only for married couples who have been childless for five years.

It will end commercial surrogacy, but closes the door for unmarried or divorced people to become parents.

The Bill also excludes LGBT members from parenthood. Experts also felt that those who can afford it will look to the countries where renting a womb is allowed.

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