In case they fail to take custody of the child, adequate safeguard will be made in the law, which will be a comprehensive legal framework not only to protect the rights of surrogate mother but also prohibiting commercial/business surrogacy. The bill is at the consultation stage among various stakeholders, including the Centre.
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The government, in its affidavit presented to the court by solicitor general Ranjit Kumar, said that, it would “require sometime to bring the law in place”.
The lack of legislative oversight in India had prompted claims that poor and ill-educated Indian women were being exploited by surrogacy clinics and rich foreigners in a “rent-a-womb” trade.
The court earlier this month ordered the government to spell out measures for regulating the industry after expressing concern, while hearing the petition which seeks a halt to the importation of human embryos for commercial purposes. So is poverty, and opponents of the new ruling argue poverty is typically a major factor in a woman’s decision to become a surrogate, an agreement, they say, which offers a benefit to both sides of the bargain and harms no third party.
“Our research shows many surrogates do not have health insurance and are paid poorly, among other issues”, she said, adding that stronger regulation rather than an outright ban was needed.
According to the affidavit, only altruistic surrogacy will be permitted in cases of infertile married Indian couple.
The draft bill has been uploaded on the health ministry website to elicit suggestions from stakeholders, the government said.
The cost of surrogacy in India generally ranges from about $18,000 to $30,000, of which around $8,000 goes to the surrogate mother.
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The Supreme Court reprimanded the Central government for leaking information regarding the commercial surrogacy to the media.
