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Draft of New Surrogacy in India LegislationINDIAN SURROGACYThe Indian Health Ministry has completed its drafting of the Assisted Reproductive Technologies (ART) Regulation Bill of 2010 - Indian Surrogacy. This Bill has been sent to the Ministry for approval. If approved, the new regulations will impose some sweeping (and needed) changes to this burgeoning industry in India. Among the new rules: A woman acting as surrogate mother in India cannot be less than 21 or over 35 years. Also, she cannot give more than five live births, including her own children accourding to Indian surrogacy law. The Bill has incorporated several landmark stipulations. For instance, no surrogate mother shall undergo embryo transfer more than three times for the same couple. If a surrogate mother is married, the consent of her spouse is mandatory. Only Indian citizens can be considered for surrogacy. No ART bank or clinic can send an Indian citizen for surrogacy abroad. Strict confidentiality has to be maintained about the donor’s identity. A would-be surrogate mother will be duty bound not to engage in any act that could harm the fetus during pregnancy and the baby after birth. Indian Council of Medical Research (ICMR) director general Dr V M Katoch told TOI, “This is a very important Bill. It has been finalized and sent to the law ministry for its approval. The department of health research will be responsible for the Bill’s execution. We are following up with the law ministry on a weekly basis.” Once the Bill gets the assent, it will become binding on a surrogate mother to relinquish all her filial rights over the baby. And, the birth certificate of the baby born through surrogacy will bear the name of the individual or individuals, who had commissioned the surrogacy, as parents. The commissioning parents could be a single man or woman, a married couple or an unmarried couple, who are in a live-in relationship. “Since we have defined couple as two persons living together and having legal sex, lesbians and gays won’t be allowed to use ART. Once India makes this relationship permissible, lesbians and gays can also go for IVF,” said Dr R S Sharma, deputy director general of division of reproductive health and nutrition, ICMR. He added, “Live-in couples can go for IVF only of the woman cannot biologically bear a child, or it is risky for her to bear one. No ART clinic shall consider conception by surrogacy for patients for whom it may normally be possible to carry a baby to term. A doctor will have to first certify that a conception would lead to undesirable medical implications.” The commissioning parents will be legally bound to accept the custody of the child irrespective of any congenital abnormality. Refusal will be considered a cognizable offense under this Act. The Bill makes another very important point: No woman can be treated with gametes or embryos derived from the gametes of more than one man or woman during any one treatment cycle. An ART clinic cannot mix semen from two individuals before use. “Now, if the sperm count is less in a semen sample, it is mixed with multiple samples for a good count. This is unethical, and won’t be allowed,” Dr Sharma said. According to the Union health ministry note, which is in possession with TOI, it is estimated that 15% of couples around the world are infertile. This implies that infertility is one of the most highly prevalent medical problems that have enormous social implications. Usually, infertility carries a social stigma in India. As per the note, “Today 85% of the cases of infertility can be taken care of through medicines, surgery or the new medical technologies such IVF or intracytoplasmic sperm injection (ICSI). The last 20 years have seen an exponential growth of infertility clinics that use techniques requiring handling of spermatozoa or the oocyte outside the body, or the use of a surrogate mother. At present, an individual is free to open infertility or ART clinics since no permission is required for it. “There has been, consequently, a mushrooming of such clinics around the country. It has become important to regulate the functioning of such clinics to ensure that the services provided are ethical and that the medical, social and legal rights of all those concerned are protected. The Bill details procedures for accreditation and supervision of infertility clinics,” the note added. Hence, a foreigner or foreign couple not resident in India, or a non-resident Indian individual or couple, seeking surrogacy in India shall have to appoint a local guardian, who will be legally responsible for taking care of the surrogate during and after the pregnancy till the child/children are delivered to the commissioning couple.
INDIAN SURROGACYWhat About Indian Surrogacy? Surrogacy and Feritlity Treatment in India IVF, Egg Donor and Surrogacy in India by We Care India, a medical tourism and treatment packaging company in India that offers a full complement of IVF, Egg Donor, Surrogacy and complete Infertility treatment as well as surgical infertility services to International Patients combined with recuperative holidays in consultation with medical personnel in India. The Infertility IVF treatments and surgery offered by We Care India at Certified Hospitals are vast and varied; ranging from: Female Infertility treatments also known as Assisted Reproduction Techniques (ART) like IVF (In Vitro Fertilization), Test Tube Baby, details of IVF Procedure and Process in India, Fertility Tests / Investigations to ICSI (Intra Cytoplasmic Sperm Injection), IUI (Intra Uterine Insemination), Ovulation Induction to Embryo / Egg Cryopreservation, Laser Assisted Hatching, Blastocysyt Transfer to advanced IVF treatments like TET (Tubal Embryo Transfer), ZIFT (Zygote Intrafallopian Transfer ) to PROST (Peritoneal Oocyte and Sperm Transfer) to techniques like Frozen Embryo Transfer, Therapeutic Donor Sperm Insemination for Single Mother / Lesbian Mother to Egg Donation Services like profiles of Select, Educated Egg Donor in India, Human Egg Bank, Egg Freezing, Oocyte co-preservation, Surrogacy in India, Stages of Surrogacy Program, Legal Agreements for Surrogacy in India, How to select educated Surrogate Mother to details of Surrogate Mother cost packages in India, Gay Surrogacy in India, Surrogate Mom and Motherhood details, Anand to Male Fertility treatments like Electro ejaculation, Semen Cryopreservation, Donor Sperm, GIFT (Gamete Intrafallopian Transfer) to Sperm Analysis / Tests, Sperm Retrieval Techniques like MESA, PESA, TESE, TESA for low sperm count problems (Oligospermia / Azoospermia) to Sperm Freezing and Semen Banking in India to Genetic Infertility treatments like Karyotyping, PGD (Pre Implantation Genetic Diagnosis), FSH (Flouroscent Insitu Hybridization), Genetic Counseling to Infertility Surgery in India for various fertility problems like Myomectomy surgery for Fibroid removal to Hysteroscopy, Laparoscopic Vaginal / Total Hysterectomy, Laparoscopic Supra Cervical Hysterectomy, Laparoscopic Tubal Ligation to Tubal Ligation Reversal Surgery, Vasectomy Reversal Surgery, etc. at promoted world-class super IVF Clinics and Centers in India by IVF Specialist Doctors / Fertility Physicians with international education and training in UK / US / Australia and pregnancy Success Rates matching the best in the world even for IVF patients with age above 35 – 40 years. These IVF, Egg Donor and Surrogacy services are provided abroad in India at New Delhi, Mumbai, Bangalore, Chennai, Kerala and Hyderabad with board certified highly qualified medical consultants with international standards of IVF Protocol in attendance at affordable low cost third world prices !…… New Assisted Reproductive Technologies 2010 act: No same-sex couples allowed. Single men and women still will still be able to do surrogacy in India.. As part of reforms to the country’s surrogacy and fertility treatment laws, only heterosexual couples will be allowed to have children by surrogate. The Assisted Reproductive Technologies (ART) Regulation Bill 2010 was sent to the law ministry for approval this week. There is apparently nothing in the bill to stop a single gay man from having a surrogate baby, as single men and women will be eligible. Married and unmarried straight couples who live together will also be permitted to use surrogate mothers. However, women must be able to prove that they cannot have a baby naturally. According to the Evening Standard, a senior Indian official said: “We have to look after the interests of our own citizens as well as handle the tricky matter of the sensitivities of these couples who have not been able to have children in the normal way. But above all, we have acted to put some kind of hold on the whole surrogacy issue by banning homosexual couples from India surrogacy and to enter into such deals."
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