Indian Law Institute, Res Publican Law Society’s Open Discussion on Surrogacy Laws in India [March 8, Delhi]: Register by March 2

Res Publican Law Society

CONCEPT NOTE FOR DISCUSSION

India emerging as a leader in international surrogacy and till date being a sought after destination in surrogacy related fertility tourism would be experiencing import restrictions of foreign embryos in India as proposed in Assisted Reproductive Technology Bill 2015, yet to be tabled in Indian Parliament. Indian surrogates are becoming increasingly popular overseas due to low cost. Law commission of India in its 228th Report recommended the “Need For Legislation To Regulate Assisted Reproductive Technology Clinics As Well As Rights And Obligations Of Parties o A Surrogacy”.

‘Surrogates’ can be used as an expression for ‘substitute’ and a surrogate mother is the substitute for the genetic-biological mother.

A surrogate mother is the person who is hired to bear a child, which she hands over to her employer at birth of the child.

In this process of surrogacy an individual or a couple pays a fee to a woman in exchange for her carrying and delivering a baby.

At birth, the child is turned over to the individual or couples either privately or through a legal adoption process.

The clinics in India roughly charge such couple / or to be mother one third f the price as compared to that of U.K.

A study backed by United Nations in July 2012 estimated that surrogacy is a more than $400 million business a year in India with over 3,000 fertility clinics across the country.

In India, Gujarat is called the ‘Surrogacy hub in India’ and a place called Anand is involved in more than 90% of the surrogacy business which is valued at 900 crore and is a growing industry in India.

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