Download - Surrogacy in india
Business Ethics
Group 4Nilesh Bhagat 01Dhruv Damania 04Samidha Kashettiwar 19Mallika Palande 26
Aditya Todankar 45Pritam Vaity 49
Outsourcing Pregnancy to India
Surrogacy-an arrangement in which a woman carries and delivers a child for another couple or person
• Traditional Surrogacy
• Gestational surrogacy
There’s money to be had, it’s for a short-term period and there is the satisfaction of bringing happiness to someone’s life
A right
A hopeful future
Upliftment of women
Medical Tourism
Remuneration leads to independence
Better living conditions
Trend toward “increasingly personal” global service work
• Facilitates contact with overseas doctors & hospitals and present their credentials to prospective clients
• India has the best IVF services in the world and the fact that English is widely spoken makes it easier for foreigners to avail of medical services
• At an approximate growth of 30% each year, medical tourism could bring between $1 billion and $2 billion US into India by 2012
• According to Indian Council of Medical Research commercial surrogacy will grow from being a $445 million-a-year business
Medical Tourism
IVF clinics in India
• Akanksha Infertility Clinic, Anand, Gujarat
• Dr Sada Centre For Reproduction & Assisted Conception Mothercare Hospital, Pune
• Diksha Test Tube Baby Centre, Hyderabad
• Nadkarni Hospital & Test Tube Baby Centre, Surat
• Deccan Fertility Clinic & Keyhole Surgery Centre, Mumbai
• A.H Ivf & Infertility Research Centre, Kolkatta and more …
To secure a ‘better life’ for themselves and their families
• Surrogates in India earns up to Rs. 2,00,000- 4,00,000
• For the surrogates -- usually lower middleclass housewives -- money is the primary motivator
• Money to buy a better home or even provide an education for their children
• Fulfillment of distant dreams
Financial
Empowerment
The act of becoming a mother (surrogate mother), is not only a self-sacrificing but truly a brave decision
• The act of giving life, a reason to live, making dreams possible for childless couples
• Gift of compassion, patience and love from one woman to another
Act of Kindness
Aamir-Kiran Baby Spotlights Surrogacy Issues in India
• Amir Khan and Kiran Rao’s seven-day-old baby boy born through IVF (In Vitro Fertilization) surrogacy.
• Aamir has done a great job bringing the procedure into the mainstream.
• The couple is also getting a thumbs up from the film fraternity
What is wrong in Surrogacy??...
Lack of legal protection
Dark Future
Unregulated
Exploitative
Shifting Focus
Health Issues
A Human incubator on Hire
• The surrogate mother is treated as a biological commodity, as a place to gestate a child for money
•The surrogates are recruited from rural villages, with most recruits being poor and illiterate
• Practice of “selective reduction” - killing of one or more multiple foetuses in the womb
• Some surrogates are pressured into it by their families
• Quality control of the woman and her uterus
Exploitation
The Unbalancing Act• Surrogate mothers are first and foremost mothers to their own children
• Leave home for the duration of the pregnancy and live in a hostel run by the surrogacy agency.
• No good reason for the surrogate mother to have to abandon her family and move far away from her family for almost 9 months.
• No balance between a surrogate mother as a mother and a surrogate mother helping another couple
• Rights of their own children to the society of their mother compromised.
Business in reproductive tourism is thriving in India, growing at some 7% annually
• Surrogate mothers need to sign a “contract” with the childless couple. There are no stipulations as to what will happen if this “contract’ is violated
•While an American surrogate would get 50-75% of the total fees, and Indian surrogate receives only 25%
• Young vulnerable girls from orphanages were ‘hired out’ for surrogacy and the surrogate mothers themselves never got any money
• Over 1000 clinics offering fertility services to couples from all over the world traveling to India
Unregulated
• Who will take the responsibility of the child if the commissioning parents refuse to take the former due to abnormalities?
• What happens if the surrogate mother changes her mind & refuses to hand over the baby or blackmails for custody?
•Will the child born to an Indian mother be a citizen of this country?
Baby Manji: A stateless surrogate baby
• Japanese baby Manji Yamada, born to an Indian surrogate mother
• The Japanese embassy in Delhi refused to issue a passport
• The father, accompanied by his mother Emiko, travelled to Ahmadabad and took custody of the child
• Jaipur-based NGO, Satya, moved Rajasthan High Court on August 12 claiming the grandmother’s custody of the baby was illegal
India accounted for 19% of the estimated 287,000 women who died in pregnancy and childbirth in 2010, according to the United Nations
• Forced to deliver by C-section even though C-sections carry a double to quadruple risk of death during childbirth
• Repeated pregnancies can even affect cardiovascular health
• Short-term effects - fatigue and vomiting to the swelling of joints
• Long term effects - from scarring, varicose veins to loose skin
• Psychological distress
Health Issues
Biological Colonialism Kills
• Renting out her womb to a US couple cost Amraiwadi resident Premila Vaghela her life
• Premila Vaghela died in the eighth month of her pregnancy
• Doctors conducted an emergency Caesarean and saved the baby boy
• There was almost no coverage of Premila’s death in the United States
Government’s initiatives
• 2002- Commercial surrogacy in India legalized
• 2005 –Introduction and implementation of National Guidelines for Accreditation, Supervision and Regulation of Assisted Reproductive Technology (ART) Clinic in India by the ICMR, MoHFW, Government of India
• June25,2008–Meeting-cum-workshop called by the MoWCD, Government of India
• December 2010-Introduction of Draft ART Bill
• However, till date there is no such laws to protect the rights and interests of the surrogate mother, the child or the commissioning parents
Recommendations
• Right-based legal framework for the surrogate mothers, ICMR guidelines not enough
• The surrogate mother should not undergo more than 3 trials and it has to be monitored
• Surrogate mother left without any medical support- should be a provision of intensive care and medical check-ups of their reproductive organs during the 3 months after pregnancy
• The citizenship right of the surrogate baby- Indian government needs to take a stand in terms of conferring the surrogate baby Indian citizenship
• The government needs to monitor the surrogacy clinics, which generally charge arbitrary prices for surrogacy arrangements