Govt proposes womb banks to legalise surrogacy

Renting a womb could soon become a completely legal and hassle-free experience, both for Indian as well as foreign couples.


Express June 17, 2010

Renting a womb could soon become a completely legal and hassle-free experience, both for Indian as well as foreign couples looking for surrogate mothers in the country.

As per the draft Assisted Reproductive Technology (ART) Bill slated to be tabled in the Parliament’s next session, government accredited ART banks will maintain a database of prospective surrogates as well as store semen and eggs, along with comprehensive details of the donor, the Times of India reported on Thursday.

Exploitation of surrogates by infertile couples, and vice versa, has been a serious concern ever since in-vitro fertilisation (IVF) started in India. “But this will put an end to it. Infertile couples don’t have to go hunting for surrogate mothers. The bank will help them get one. As a result, the couple will have all information about her background and medical history before hiring her womb,” said Dr R S Sharma, deputy director general of Indian Council of Medical Research (ICMR), who has been involved in the process of drafting the Bill.

These banks - both private and government - will be accredited by state boards. The board will also have a registration authority which will maintain a list of all IVF centres and monitor their functioning. “So far we didn’t have any law regarding surrogacy. This is a step towards legalising surrogacy and fixing responsibilities of the parties involved in the process,” said Dr Sharma.

These ART banks will be independent of IVF clinics. Oocyte (unfertilised egg) and semen preservation will be their main focus. “In the past few years, IVF clinics have mushroomed in the country. There is no check on their practices. There is no quality check on the semen and oocytes preserved by them and offered to infertile couples. These banks will have a proper system, where every minor detail about gametes and surrogates will be documented,” said a senior doctor at AIIMS who too is involved in the drafting of the bill.

Experts say that once a bank is in place, it will maintain a database of surrogate mothers. A woman is allowed five live births, including her own children.

Published in the Express Tribune, June 18th, 2010.

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