An elaborate Study of Laws relating to Surrogacy by our Intern
SURROGACY AND HUMAN RIGHTS
KEY
Assisted Reproductive Technology (ART), are the set of techniques and medical treatments that allow individuals and couples to start a family suffering from infertility problems.
Gamete - specialised sex cells i.e sperm or egg cell, procuded by male or female respectively for reproduction;
IUI - Intrauterine Insemination, is a fertility treatment that involves placing sperm inside a woman's uterus to facilitate fertilization.
ICI - Intracervical insemination, involves placing sperm directly into the woman's reproductive tract to improve the chances of pregnancy.
IVF - In Vitro Fertilization is the process in which egg and sperm is combined in a laboratory dish to form an embryo. The embryo(s) is then placed in the uterus.
Commodification - Commodification means treating something as an object or commodity. Convention: Binding agreement between states; used synonymously with Treaty and Covenant. Conventionsare stronger than Declarations because they are legally binding for governments that have signed them.
United Nations General Assembly: One of the principal organs of the UN, consisting representatives of all member states. They issue Declarations and adopts Conventions on human rights issues, debates relevant issues, and censures states that violate human rights.
IPR - Intellectual Property Rights
UDHR - Universal Declaration Of Human Rights
ICCPR - International Covenant Of Civil And Political Rights
ICESCR - International Covenant On Economic, Social And Cultural Rights
NHRC - National Human Rights Commission.
UNICEF - The United Nations Children's Fund (UNICEF), originally known as the United Nations International Children's Emergency Fund.
CEDAW - The Convention on Elimination of all forms of Discrimination Against Women.
ABSTRACT
Surrogacy is an alternative reproductive method, which involves a surrogate mother who herself altruistically or is paid to undertake the labor of pregnancy in order to produce a child that will be delivered to the commissioning parties (generally a couple), who will raise the child as their own and will hold all parental rights.
Since its successfull implementation by birth of Louise Joy Brown, as the first test tube baby in 1978, to it’s outburst as a multi billion business, surrogacy has passed through many dark corridors of child abandonment, stranded babies due to nationality issues, human trafficking for embryo and gamete, exploitation of poor surrogates and helpless parents.
On the other side it has also proven as a boon for childless couples and poor women who could provide better schooling for children and repay loans or make their own house because of surrogacy.
The law regarding commercial surrogacy is currently unsettled, and the moral opinion on the topic also seems to be irregular or unpredictable.
Earlier law permitted commercial surrogacy but nearly after 2 decades now with the Surrogacy (Regulation) Bill 2019, the govt has sought to ban commercial surrogacy and just permit altruistic surrogacy only for Indian heterosexual citizens. Not only this they have severely restricted ethical altruistic surrogacy.
Why did they do so?
Was commercial surrogate motherhood so immoral?
These and many other important aspects were discussed at the webinar conducted by Dr. Shreedhar Mundhe on 24th Nov,2020 on how with the blend of International Human Rights laws and State Laws on Surrogacy, a harmony can be achieved in the welfare of child, poverty stricken surrogates and finally childless intended parents.
The aim of this article is to evaluate what really drew the attention of the National legislature and their slow paced attempt to regulate it. And whether such laws are in violation of the human rights of all those people involved in the process of surrogacy.
INTRODUCTION
Earlier ‘Birth control pills’ allowed us to have sex without babies and now we have ‘Assisted Reproductive Techniques’ to have babies without sex.
Surrogacy is a fairly controversial topic that tends to divide people because of the disparity of views on it. Some feel that Surrogacy is a wonderful scientific breakthrough that helps childless or infertile couples start a family where otherwise that would be an impossibility.
Others think it is unethical, it is an exploitative, involves trafficking of women and children and it should be completely banned and criminalised.
Few also blame surrogacy for substituting the adoption by withdrawing wealthy parents' attention from adopting a needy child awaiting for a family in an orphanage, and seek a child that bears their genes.
It is universally accepted now that surrogacy is an expensive process. Even at cheaper destinations like India, it cost around 15-20 lakhs (as stated Annexure 1). So it provides privilege of motherhood to a rich class of people only.
There are a plethora of cases that point to surrogacy violating ‘Human Rights’, especially rights of surrogate child, surrogate herself and intended parents. But few feel having stringent regulations on surrogacy are equally exploitative to surrogates and intended couples, as the real profit makers who have commercialised this process remain unregulated. With the new regulations now the needy parents and poor surrogates, may also become the potential victims of blackmarketing.
With the help of the ‘Secondary Research Method’, the information and cases available in various online news videos, webinars, research reports available on the Internet, I have tried to analyse, whether the ‘Regulation Bill of 2019’ really be able to curb the Human Rights violation or whether ‘The Bill’ itself is in violation of Human Right.
HUMAN RIGHTS
WHAT ARE HUMAN RIGHTS
In an attempt to make us understand the concept of Human Rights, its role and significance, Dr. Shreedhar Mundhe Sir, started with a bold statement “teri kiya aukad hai” that grabbed the attention of all present at the webinar. According to Sir, these words signify that in a way a person proclaims that ‘you are substandard to us’ or ‘we are more dignified than you’.
According to him people often sub-standardise others based on any reason pertaining the caste, race, religion, sex, profession or financial background.
So how do we ensure protection of dignity and rights of such victims?
It is here, where Human Rights Laws are defined. Human Rights Laws ensure that one cannot bow down below a particular standard. It gives entitlement of rights which were most basic to the human being, and are protected as legal rights. Human Dignity is the basic foundation of Human Rights. Human Rights are rights that people are entitled to by birth, simply because they are human beings, irrespective of their citizenship, nationality, race, ethnicity, language, gender, sexuality, or abilities. All have the exact same Human Rights. They are Universal.
EVOLUTION OF THE CONCEPT OF HUMAN RIGHTS
At first there were no Human Rights. There was a herd rule prevailing. If you were in with the right crowd you were safe and if not then you were not safe. Emperor Cyrus the great, decided to bring a change. After conquering Babylon (present-day Iraq), he did something completely revolutionary. He announced that all slaves were free to go. He also gave freedom to people to choose their religion. He documented his words on a clay tablet, called the cyrus cylinder. This way the first act of Human Rights can be traced in, 539 BC.
Later, the ruler Hammurabi issued a set of codes that protected Human Dignity i.e fair wages, protection of property, charges to be proven at trial. The laws were often harsh in punishments, provided standards by which Babylonians could order their lives and treat one another.
Assyrian laws, Hittiti laws and the Dharma of Vedic Period in India also devised different sets of standards by which the obligation of one was provided to another.
The idea of human rights spread quickly to India, Greece and eventually Rome.
Rome noted that people naturally followed certain laws. They called it Natural Law. But it kept getting crushed by those in power.
Around thousand years later the abstract views on Human Rights slowed and were exemplified in Legal Documents (as mentioned below), that recognised people’s rights. And since then they were safe from those in power.
The Magna Carta - On June 15, 1215, King John of England granted The Magna Carta, which set forth the principle that the power of the king was not absolute. Land and Property could no longer be seized, judges had to know and respect laws, taxes could not be imposed without common council. The English Barons were unwilling to let King John rule unless he granted concession in their rights.
Petition of Rights - Earlier The Magna Carta was applicable to the privileged elite. In 1689, it broadened to include all Englishmen and eventually citizens. it set out the rights of the people.
Bill of Rights - The Magna Carta was converted into ‘Bill of Rights’. It became a strong platform for parliamentary superiority over the crown and gave documentary authority for the rule of law in England.
The United States Declaration of Independence, July 4, 1776—A bunch or british rebels proclaimed all men are created equal and thus have the right to life, liberty and the pursuit of happiness. It established the fundamental rights of man and many states laid down this concept in their constitutional instruments.
The French Declaration of the Rights of Man and of the Citizen in 1789 -The French followed with their own revolution for their own rights. They stated that all men are born and remain free equal in rights. It is the purpose of all political associations. It stated all citizens are equal under the law. The Roman idea of ‘Natural Law’ was replaced with ‘Natural Rights’.
In 1800, in France, a general named Napoleon decided to overthrow the new French Democracy and successfully crowned himself as Emperor of the world. Human rights were deeply violated. Later the countries of Europe joined forces and defeated him. To restore Human Rights many international agreements came into picture but this was only across Europe. The rest of the world somehow still did not qualify for Human Rights. Instead they got invaded, conquered and consumed by Europe’s massive empires. But then Human Right activists started emerging from place to place.
Mahatma Gandhi, during the British Regime, stated that all people of earth had rights not just in Europe. Eventually even the Europeans started to agree.
In 1900 two world war erupted and German commander-in-chief Hitler, exterminated half the Jewish population of Earth in horrifying Nazi Death Camps. That time around 90 million people died. Never had Human rights been so terrifyingly close to extinction and never the world been more desperate for change. Many Countries decided to come together and formed The United Nations. Their basic purpose was to reaffirm faith in fundamental human rights, in the dignity and worth of the human person.
Everyone seemed to have a different idea of what Human Rights should be but
Under the supervision of Eleanor Roosevelt, it was finally agreed on a set of Rights that apply to absolutely everyone and therefore in 1948, The Universal Declaration of Human Rights was adopted by The United Nations. The French concept of Natural Rights had finally become Human Rights.
The Universal Declaration of Human Rights, 1948 - the first document listing the 30 rights to which everyone is entitled. Out of 30 Articles, 21 Articles enumerate civil and political rights and 6 Articles cover economic and social rights. The UN set up two covenants for recognition of these rights.
ICCPR (International covenant of civil and political rights) adopted on December 19, 1966;
ICESCR (International covenant on economic, social and cultural rights) came into force on 3 January 1976.
In November 1977, Karel Vasak, UNESCO’s legal advisor, introduced the idea of three generations of human rights.
First Generation - Civil and Political Rights
These rights were associated with English, American and French revolutions, based on concepts of liberty equality and fraternity. They were also known as negative rights, as the government was required to abstain from doing activities that would violate them.
It talked about freedom of speech, religion, voting rights and right to fair trial. Such rights were also incorporated as fundamental rights in Indian constitution. i.e.
Art 21 - Right to Life and Dignity,
Art 14 - Right to Equality,
Art 19 - Right to Liberty.
And whenever they felt that for certain rights it was not possible to incorporate it as a fundamental right they laid down the directive principles.
Second Generation - Economic, Social and Cultural Rights
Over a period of time people started getting aware of what are their rights. They started fighting with their own state saying that “you cannot deprive us of these rights, as these rights are given to us by the United Nations”.
In countries which did not have democratic setup then, these rights were not available to their people. The victims or the people had no other option than to fight for availing such rights.
So right to organise, bargain, collective bargaining, education, employment, housing, healthcare came into existence. Also European Social Charters, Directive Principle of State Policies all were recognised depending upon the availability of resources. This led to enactment of the second generation laws under Human Rights.
Third Generation.
Initially it seemed everyone was satisfied with the first two generations and questioned what more was needed. But then it was realised that freedom is a continuous process and needs are never ending. In the third generation, aspiration came to law related to software and technological developments, patent rights, right to self determination and development, environmental issues, preservation of natural and cultural heritage, communication came into existence. All this led to the third generation in determination of human rights.
Also rights related to IPR, limits on monopolising IPR were laid down. In the case of Novartis, who were claiming patents in India because they were in possession of such patents in the US. They wanted to have a monopoly to sell their medicines in Indian Market. The monopoly would have gradually led to selling of medicines at very exorbitant prices. The Supreme Court came down very heavily and shut down all their expectations. Thereby ensure freedom to research and invent and other technological advancement to its country.
Other Rights
Rights such as same sex marriage, choice of marriage, royalty entitlement and other nanotechnological related things and many other things gradually came under the purview of Human Rights.
HUMAN RIGHTS IN INDIAN CONTEXT
The laws governing Human rights are laid in The Protection of Human Rights Act, 1993.
It lays down the procedure for constitution of National Human Rights Commission (NHRC) and State Human Rights Commission at each state level and Human Rights Courts.
They are empowered with similar powers of a civil court which means It can summon and enforce the attendance of witnesses and examine them on oath.
NHRC has its own investigation team to go into the complaints of violation. It can initiate inquiry on its own from information available either in newspapers or on receipt of complaints.
They can visit any jail or any institution, where the persons are detained or lodged for treatment, re-formation or protection, so that they can study the living condition of the inmates and make recommendations thereon. They can also recommend the concerned government authority for grant of necessary interim relief to the victim or his family members. They also intervene in any proceeding related to violation of human rights pending before a court but with the approval of such court.
Besides the NHRC, several commissions strive for the enforcement of human rights and ensure better living for different sections of the people.
The National Commission For Minorities,
National Commission For Schedule Caste And Schedule Tribes,
National Commission For Backward Classes,
National Commission For Women,
Recently the central government decided to constitute The National Commission For Children to protect rights and redress the violations.
SURROGACY
WHAT IS SURROGACY?
The word 'surrogate' literally means 'substitute' or 'replacement'. A 'surrogate mother' is a woman who agrees to bear a child for another woman who is incapable or unwilling to do so herself. In other words, she ‘conceives’, ‘gestates’ and ‘delivers’ a baby on behalf of another woman who agrees to give the baby after its birth.
Surrogacy comes in two forms -
1) Gestational, where the surrogate mother is implanted with an egg and sperm using IVF technique.
2) Traditional surrogacy, where the surrogate's own egg is used. Here the surrogate is the genetic mother of the child. This method uses IUI technique to get impregnated.
Based on compensation aspect, Surrogacy can be of two types -
1) Commercial Surrogacy - When a couple pays the surrogate for her services it is called Commercial Surrogacy.
2) Altruistic Surrogacy - When surrogate is not paid and delivers baby in kind it is termed as Altruistic surrogacy.
Then there is a term called
Transnational surrogacy - surrogacy laws in all countries are not the same and in few countries all kinds of surrogacy is banned. Therefore the intending parents from these countries opt for egg or sperm from different countries, and get it implanted in a surrogate from countries that offer affordable or cheaper surrogacy programs. It is also called cross border surrogacy
SURROGACY LAWS IN INDIA
BACKGROUND
In 2002, commercial surrogacy was legal in India and there were no laws governing it. Earlier guidelines from the Ministry of Health and Family Welfare, put forth in 2008 by the Indian Council of Medical Research, were not binding and were accused of promoting ART rather than regulating it.
Due to widespread poverty in India, the profit-seeking mechanisms governing the fertility industry, created a situation where exploitation and commodification of women became a real concern.
In Baby Manji Yamada versus Union of India & Anr. [2008] INSC 1656, popularly known as Manji Case, the Supreme Court in its judgment recommended that surrogacy be regulated through suitable legislation. It observed that and surrogacy addressing many illegalities such as human trafficking, twin child abandonment, exploitation of poor illiterate women.
Therefore The Surrogacy (Regulation) Bill, 2016 was introduced in Lok Sabha however, the Bill lapsed as the Lok Sabha was dissolved.
In 2019, again Bill was introduced and passed by the Lok Sabha.
Later Rajya Sabha reviewed the Bill by a 23 member committee suggesting major changes to the Surrogacy (Regulation) Bill, 2019.
Thereafter, The Union Cabinet incorporated the recommendations suggested by the Committee and approved the Bill, on 26th Feb, 2020.
SOME IMPORTANT FEATURES OF THE BILL
For Intended Parents
● The Bill, prohibits foreign nationals from commissioning surrogacy in India.
● Earlier only Indian couples who were legally married for at least five years were allowed to opt for surrogacy. On recommendation from committee, later widow or a divorcee women and Persons of Indian Origin were allowed to opt for surrogacy, This means Single men or women, foreigners, homosexuals couples or live-in couples are barred from opting for surrogacy.
● The Bill seeks to allow only Ethical Altruistic Surrogacy. It strictly prohibits Commercial surrogacy including sale and purchase of human embryos and gametes.
● Age criteria for intending parents : 23 to 50 years for females and 26 to 55 years for male respectively.
● The couple do not have any surviving child (biological, adopted or surrogate), except if the child is mentally or physically challenged or suffers from a life threatening disorder;
● It makes it mandatory for the couple to obtain a certificate of essentiality and certificate of eligibility before going ahead with surrogacy.
● The couple need to provide insurance coverage for surrogates, to cover not only the period of pregnancy but also after that. On recommendation from RSSC, insurance cover for the surrogate mother was increased from the 16 months proposed in the Bill to 36 months.
● It also specifies that no sex selection can be done when it comes to surrogacy.
For surrogate mother
● Earlier it was required that, surrogate has to be a ‘close relative’ of the intending couple. But with recommendations of the committee now a ‘willing woman’ can be a surrogate mother.
● She should be a married woman having a child of her own.
● Her age must be between 25 to 35 years.
● Must not be a surrogate earlier and must be certifiably mentally and physically fit. The bill clearly states that a woman should be allowed to act as a surrogate mother only once.This was proposed to eliminate commercialisation of surrogacy.
For Surrogate Children;
Significant importance to the rights of a surrogate child is given, which was earlier reflected by the Gujarat High Court in Jan Balaz v Anand Municipality [2010] AIR Guj 21.
Under the proposed legislation,
● a child born out of surrogacy procedure shall be deemed to be a biological child of the “intending couple” or “intending woman” and
● the surrogate child shall be entitled to all the rights and privileges available to a natural child.
There is also a prohibition on
● giving birth to a surrogate child for purposes of sale, prostitution, or any other form of exploitation or
● abandon or disown or exploit or cause to be abandoned, disowned or exploited in any form, the child or children born through surrogacy.
● exploit or cause to be exploit the surrogate mother or the child born through surrogacy in any manner
and stringent penalties have been provided to deter potential violators.
● The Committee recommended that the order regarding the parentage and custody of the child, issued by a Magistrate, shall be the birth affidavit for the surrogate child.
For Surrogacy Clinics
Registration of surrogacy clinics under appropriate authority is mandatory as the bill seeks to regulate functioning of surrogacy clinics.
For this, The Select Committee suggested that the Assisted Reproductive Technologies (Regulation) Bill (ART), that primarily deals with technical, scientific and medical aspects, including the storage of embryos, gametes, oocytes, etc. may be taken up before the Surrogacy (Regulation) Bill.
Offences and penalties:
The offences under the Bill include:
(i) undertaking or advertising commercial surrogacy;
(ii) exploiting the surrogate mother;
(iii) abandoning, exploiting or disowning a surrogate child; and
(iv) selling or importing human embryo or gametes for surrogacy. The penalty for such offences is imprisonment up to 10 years and a fine up to 10 lakh rupees. The Bill specifies a range of offences and penalties for other contraventions of the provisions of the Bill.
Regulatory Boards;
The bill proposes the setting up of a
● National Surrogacy Board at the Central level,
● State surrogacy boards and appropriate authority in the State and Union territories to ensure effective regulation on surrogacy.
COMPARATIVE STUDY OF GLOBAL SURROGACY LAWS
Most countries that allow surrogacy have framed laws to regulate it thereby also protecting the rights of the surrogate.
Where countries like Britain America Australia, the Netherlands and Denmark are among those were altruistic surrogacy is Legal
Commercial surrogacy is not legal in the United Kingdom the surrogate is a child’s legal parent at birth.Legal parenthood can be transferred by parental order or adoption only once the child is born.
Australia all jurisdictions except the Northern Territory allow altruistic surrogacy
USA
In the United States of America surrogacy laws vary from state to state. Surrogacy friendly states allow both commercial and altruistic surrogacy.
Arkansas California and new Hampshire are surrogacy friendly states.
New York does not allow commercial surrogacy
Michigan forbids absolutely all surrogacy agreements
Canada permits only altruistic surrogacy, however all surrogacy arrangements are illegal in Quebec in Canada.
Armenia Georgia Kazakhstan Russia Ukraine allow both altruistic and commercial surrogacy.
France, Germany, Italy, Spain, Saudi Arabia prohibit all forms of surrogacy
Kenya, Malaysia, Nigeria, The Czech Republic, Colombia, Chile and Hungary are among countries with unregulated surrogacy.
HUMAN RIGHTS AND SURROGACY
International Human Rights laws were drafted decades ago, long before surrogacy was even a possibility. So there is no explicit reference to surrogacy or to reproductive treatment at all. But the principles are general and we can still get a lot of guidance from it.
The moment a baby exists in the mothers womb he/she is entitled to legal rights, and come under the ambit of Human Rights. Such rights are inalienable which means they are inseparable.
In the surrogacy context there are three different parties that we need to be thinking about when we think about human rights.
- First of all most there are the children
- Secondly there are the women who are surrogates
- Lastly there are the intended parents
RIGHTS OF A SURROGATE CHILD
The United Nations Convention on the Rights of the Child’ (CRC) adopted on 20 November 1989, has been ratified by 194 countries. Almost every country in the world has ratified the above convention. The only two countries that have not ratified are
● Somalia, as it does not really have a functioning government to ratify international Human Rights treaties.
● Other being the USA.
According to CRC, any decision concerning children, the best interest of a child has to be the primary consideration. It has laid down various provisions discussed below.
Right to know and be cared for by their parents (CRC - Article 7)
A child is the responsibility of its parents. It is its inherent right to be taken care of by its parents. It was observed that surrogacy cases, when the child suffered from certain deformity the commissioning parent would want to abort it.
In the case of Baby Gammy, the Australian couple wanted to abort Baby Gammy having down syndrome. But the surrogate refused and said that instead she would take care of the child. So they abandoned one of the twins delivered by a Thai surrogate, and returned to Australia with the other twin.
Similarly in 2012, an Australian Indian Couple, left a twin boy named Dev and choosed to only take his twin sister with them, stating that they already had a boy and wanted a girl to complete their family. [1]
This is completely in violation of a child right.
Right to Nationality (CRC- Art 7)
According to Article 15 of UDHR, Everyone has the right to nationality, which is explained and made available under Article 6-11 of Indian Constitution.
In Surrogacy, after delivery, foreign couples have to fight long legal battles to get their children back to their home country. Due to disparity of laws there are many issues that lead to problems in citizenship, nationality, motherhood, parentage and rights of a child. Children are sometimes denied nationality of the country of intended parents.
For example, in the 2008 landmark Baby Manji case, a child born to an Indian surrogate by the sperm of the commissioning father and egg from an anonymous donor. But the Japanese commissioning parents divorced before her birth. Neither the surrogate nor the intended mother wanted custody of the baby. The commissioning father, who did want the child, was not allowed to take the baby girl to Japan. Because as per Indian law in order to take a child abroad, he/she needs to be adopted. Besides there are Laws that do not permit a single male to adopt a girl child and can take her abroad. This was laid to avoid Human trafficking which is a huge concern in India.
Baby Manji was denied citizenship from both countries.
According to Japanese law only children born to a Japanese mother are entitled to Japanese citizenship. Whereas India said that she was a Japanese Baby, and not Indian Baby. So baby Manji was stranded in India. Usually the baby gets the nationality of the mother as there is always a principle that a mother is always certain. But in this case, the question was who was the mother of the child, as the baby had three mothers, the surrogate, commissioning parent or the egg donor.
Finally the grandmother of Baby Manji came down to India and took care of the child and later was granted custody of the child. This took months until the baby was able to go to Japan after a long legal battle and now is being raised by her family. Trafficking
So from the above case it is clear how Baby Manji was considered secondary and how her rights were violated. Both Japan and India were not thinking in the interest of the child. The law and order of the countries that were not willing to provide the nationality or passport or visa to such stranded children clearly violated the above rights of a child.
Right to Identity (CRC - Art 7)
Research has proved that in cases of adoption, many children have a strong desire to know their genetic origins and know their biological roots. In Transnational surrogacy, children born of eggs or sperms that come from Europe, find a surrogate in India for fertilisation, have no chance of ever finding about their genetic origins. And this is a breach of convention of the rights of the child.
Also in surrogacy when there is a third party donor involved, who like to remain anonymous the children cannot know their parents.
Right against practices involving Sale of Children
Another aspect of the convention of the rights of the child that is often raised is that children should not be sold. The sale of children is a breach of human rights and considered as child trafficking under Article 35 of CRC.
In commercial surrogacy there is a contract between the surrogates and the commissioning parents that after the birth the surrogate would give the child to intended parents and she will be reimbursed. It is considered more like a sale contract or commissioning of sales. This means that a child is treated as ‘good’ or ‘product’ that after a period has to be transferred. In a way children are being commodified. This is in violation of human rights as it is considered as human trafficking.
RIGHTS OF SURROGATE
CEDAW is the Convention On The Elimination Of Discrimination Against Women is a landmark international agreement that affirms principle of fundamental human rights and equality for women around the world.
It says that women have rights of bodily integrity. Which means that they decide what they can do with their body. Nobody else can tell them you cannot be a surrogate or you cannot carry a child for another person.
There is a split opinion on this regard. Usually surrogates belong to poor backgrounds. So either they themselves adop surrogacy as means to come out of poverty.
Another opinion is that are forced and coerced into surrogacy either by their family or human trafficking rackets.
A shocking incident of human trafficking in 2011 was report, where 14-15 Vietnamese women were rescue from Thailand and they were trafficked and forced to become Surrogate mother for Commercial Surrogacy by a company named BABY 101[2].
On the other hand, many surrogates say this is my only opportunity to send my kids to school, or to buy a house and get myself out of poverty. So don’t tell me I cannot be a Surrogate.
Ms Geeta Parmal, from Gujarat, with the money she was paid Rs 4 Lakhs for her first surrogate pregnancy. In her interview with Straits Times –Asia in Aug 2019 she said that. “ We are labourers earning 120/- RS per day. I could have never thought of buying a house or putting my children in private school”. With the money she was paid for her first surrogate pregnancy, she could pay off a house loan and move her own two children from a government school to a private one.[3]
According to Article 3 of Protection of Human Rights 1993, everyone has the right to life, liberty and dignity . This right is also available under article 21 in Indian Constitution. Article 12 of UDHR also talks about right against interference with privacy, family, home or correspondence or to attack upon his honour or reputation which are integral in the right to life and liberty.
RIGHTS OF INTENDED PARENTS
Right to a child -
According to Article 16.1 of the Universal Declaration of Human Rights 1948, “men and women have the right to marry and found a family. In ICCPR Art 23 provides for the same right. But it has no provision for ‘right to child’. No such rights are defined in any convention. There cannot be a right to another person. A child is a subject of rights and not the objects of rights. Child is a bearer of rights. So it itself cannot be somebody else’s right.
But there is a right not to be discriminated against. So when India said that we will allow only a married heterosexual couples to access surrogacy that was a breach of human rights. Because its is a discrimination against gay couples, livin couples, unmarried single parents on the basis of marital status or sexual orientation. So intended parents do have a right of not to be discriminated against. Article 15 (1) of UDHR prohibits discrimination on various grounds and imposes a duty on state not to discriminate.
In India also, the reproductive right is a basic human right given under Article 21 of the Constitution of India.
B. K. Parthasarthi v. Government of Andhra Pradesh, AIR 2000 A. P. 156,
The Andhra Pradesh High Court, ruled that reproductive rights are a human right and it comes under the right to privacy
US Supreme Court in,
Jack T. Skinner v. State of Oklahoma, 316 US 535, characterized the right to reproduce as “one of the basic civil rights of man”.
INDIAN SURROGACY BILL - ABIDES OR VIOLATES HUMAN RIGHTS
Let us try to find of whether The Regulation Bill os 2019, helps to curb violation of human rights or itself violating human rights.
RIGHTS OF INTENDED PARENTS
As the bill was sought to be introduced Congress MP Shashi Tharoor put on record several objections to the provisions in the bill [4].
1. The Bill prevented same sex couples or live-in couples to have children. This violates Article 14 as it treats equals, unequally.
2. It required married couples to wait for 5 years after their marriage, in order for them to be eligible for surrogacy. This seemed an unreasonable restriction on their reproductive rights and violation of right to life under article 21. The five year waiting period is too long particularly in conditions like absent uterus, removal of uterus due to cancer, and medical conditions where normal pregnancy is completely ruled out.
But unfortunately there are not women out there to carry out children of another person for just reimbursement.
WHY INDIA BANNED COMMERCIAL SURROGACY?
Earlier Commercial surrogacy was legalised in India in 2002 in order to promote medical tourism.
In many countries surrogacy was either completely banned or over expensive. Therefore many foreign couples were drawn towards India, as it had no laws regulating it. Also India offered the cheapest Surrogacy programs.
It was mentioned in the Report No-228 of Law Commission of India, that the price fixed for the Commercial Surrogacy Agreement, in India, is near about $25,000-$30,000 that is around 1/3 from the other countries[5].
India had therefore become a hub of surrogacy centers. If around the world in a year there are 500 cases of surrogacy, India alone registers 300 cases of surrogacy[6].
According to a 2012 study by the Confederation of Indian industry the size surrogacy industry in India was $2 billion a year.[7]
Surrogacy became an expensive process and by applying today’s conversion rate @73.61, its cost ranges between 18 lakhs to 25 Lakhs.
Due to burgeoning growth in Surrogacy market, there were many cases reported by the Media, concerning unethical practises exploitation of surrogate mothers, abandonment of children born out of surrogacy and rackets of intermediaries in importing, exporting and selling of human embryos and gametes and unregularised clinics practicing Surrogacy. This prompted the need for a regulation on surrogacy. Therefore since monetary aspects were clearly evident for reasons behind such illegalities, India chose to Ban commercial surrogacy and allowed only altruistic surrogacy.
But now the question is will Altruistic Surrogacy really help?
Will Altruistic Surrogacy be really helpful?
By banning Commercial surrogacy and making stringent laws on altruistic surrogacy will it really curb all the concerns related to violation of Human Rights of a surrogate child, surrogate and intended parents? This can be explained by evaluating one by one the concerns raised by Commercial surrogacy as follows -
Arguments on Commodification of Children
The Convention of the Rights of the Child (CRC) often raises an important concern in relation to rights of a surrogate child, ‘that children should not be sold’. The sale of children is a breach of human rights. But I think there is a bit of red hearing in such a case. Because I don’t think surrogacy is about the sale of children. Sale of children is denoted as child trafficking for illegal purposes. But here the main purpose of surrogacy is emotional fulfilment of the intended couple to have their own child. The money is paid for a substituted fertility treatment, to seek a child and complete their family and make them part of their life, and not buying of children for using it as a commodity.
Argument on Having a Surrogate Child as a Status Symbol
It was observed that surrogacy arrangements in India were being mostly used by foreign nationals, and film celebrities even though they had children of their own. It had become like a status symbol for few. In 2016, Minister for External Affairs Shushma Swaraj had also lashed out at celebrities for opting for surrogacy even though they already had children of their own. She said surrogacy has become a trend among celebrities.[8] But in my opinion if a couple is equipped enough to fulfil all the needs of life of their children then what is wrong in having another child. These parents are good, child loving and high tax paying parents. When any other normal couple can have more than one child than by prohibiting such intended parents is an interference in their ‘Right to liberty and Right to form a family’.
Arguments on Child Abandonment
In 2012, an Australian based Indian couple, took only the girl and abandoned the boy, named Dev, who was the twin brother of the girl. The reason being that they already had a son and just wanted a daughter to complete their family. Since then there is no trace of Dev’s. Neither in official government records, nor of any other adoptions centers of the unwanted children born out of surrogacy. What really happened to Dev is really unknown since then as he couldn't be traced[9].
There are also incidents when a child suffers from abnormalities, the intended parents would request for abortion.
In one such case in Connecticut where a fetus was shown to have abnormalities, the surrogate was offered $10,000 to abort by intended parents.[10]
Agreed that this is a major drawback in surrogacy. But this can also happen in Altruistic surrogacy too. We all know commercial surrogacy is a very expensive process. If after incurring such huge amounts, such cases of child abandonment can arise so how by making surrogacy altruistic will stop it. Such cases are due to lack of humanity and emotions in people. By making it altruistic, it wont bring any changes in such people. In Fact such emotionless parents would all the more take it lightly. It is only by putting exemplary compensation and punishments on such law breakers will effectively curbed illegalities.
As the deformity in a child is a subjective matter and cannot be ignored in both types of surrogacy. But by imposing stringent punishment and banning transnational surrogacy and definitely help in curbing the insensitiveness of parents.
Arguments on Commodification of women’s reproductive labor
It laid down that women’s reproductive labor is improperly treated as a commodity in commercial surrogacy, because a pregnancy is an emotional bond between the mother and the baby, and so paying her to repress the formation of that relationship is wrong. It signifies that she is renting her womb.
It is clear that commercial surrogacy commodifies reproductive labor, but it is not clear that there is anything ethically problematic about this.
The argument that women’s reproductive labor is different on emotional quotient rests on norms about what the proper ends of pregnancy and childbirth are—that the bond between a woman and the baby she births is somehow sacred or untouchable. But, also the bond between the intended mother and child is also sacred. As in Indian mythology as stated in Geeta - though Devki gave birth to Lord Krishna, but Yashodha Ma who loved him more than anything else was considered as his REAL mother. In India it is rhetorically quoted ‘Janam dene wale se bada Palne wala hota hai’. Love and Bond does not restrict any boundaries for a child.
In many custody cases, Courts decided to hand over the child to the father away from their mother, keeping in view for the well being of the child because a single mother simply cannot afford the child’s upbringing. Will this also be called ‘Commodification’?
If a surrogate is filling an empty space in another desirous mother’s life and at the same time fulfilling her children's basic need, which otherwise her Monthly income of Rs 3000/- would not suffice, will it be so unethical that scholars and legislation are right to term it as commodification, and bring her deed parallel to prostitution? Abandoning a woman and a child is unethical, whatever way if a woman by saving her chastity and dignity, strives to take care of her abandoned children is altruism in itself.
Arguments on Commodification of women
Many argue that commercial surrogacy commodifies a woman, and therefore degrades her.
Before the 2015 ban, the surrogates were required to stay in hostels, where their eating, drinking, and exercise was supervised and controlled. They were allowed to see their family once a week or less. They were psychologically manipulated by being repeatedly told that they were carrying the child that belongs to someone else and that they should not form a bond with the child. They were also told that they would not be allowed to even look at the child after giving birth. They had little say over what happened to them and their bodies throughout the surrogacy process, which reflected a gross disregard for their autonomy. This manipulation and control of surrogates was done for the commercial benefit of the brokers, who made more money if they were able to produce a healthy child for the intended parents without any setbacks.
This kind of dehumanizing treatment of surrogates is degrading to women, since their interests and ends are not respected. It was the main reason for the Indian government to issue the 2015 letter. Though we agree with the Indian authorities that degrading and manipulating women is unethical and should be stopped, we must ask the question whether this is a necessary consequence of commercial surrogacy?
Surrogates were degraded by the rhetoric used by the hostel leaders and brokers, not the surrogacy process itself. The problem stems from the profit-seeking mechanisms governing the industry and not the compensation given to surrogates. Regulations in the right direction to protect their interest so that other agencies and doctors do not commodify her while making profits for themselves and in return ask her to be altruistic. Asking her to sacrifice her needs and end is undoubtedly dehumanizing and degrading her. By calling her decision to come out of poverty and take care of children, as ‘commodification’ is itself degrading her image.
Arguments on Surrogacy is an exploitative job option
One could argue that surrogacy is an exploitative job because of the physical and psychological risk associated with surrogacy. In the event of an emergency, the surrogate child is usually given priority over the surrogate mother. And if the surrogate dies there are no provisions for compensation to her family.
In the case of Mrs. Premila Vaghela, from Ahmedabad, she died delivering a 7 month surrogate child for an American couple. She had to go through an emergency caesarean operation where she succumbed to death, leaving behind her own two children to dismay. However the surrogate baby boy was alright and handed over to the American couple. The surrogacy had taken place at Nova Pulse IVF Clinic.[11]
But taking into account the risks associated with poverty or with other jobs available to them outweighs the above argument with a simple statement made by a surrogate, Mrs. Sofia Vohra, with a drunkard husband and 3 daughters, in an interview, “This is not exploitation. Crushing glass for 15 hrs a day and earning $25/- a month is exploitation”.[12]
Arguments That Surrogates are Coerced into Surrogacy.
Surrogates who are poor illiterate from rural background undergo exploitation in a number of ways and are also subject to coercion by their spouse or middlemen to enter such deals to earn easy money.
In 2019, Hyderabad police arrested a 64-year-old man for harassing a woman he had hired to be the surrogate mother of his future child. The victim had met Surappa Raju of Somajiguda, in December 2019 through an agent, who arranges surrogate mothers for couples and due to her financial problems, she agreed to bear the child of the accused through surrogacy. But later the old man wanted the victim to get intimate with her by giving her extra Rs50,000/- in addition to 4.5 lacks for surrogacy.[13]
Alleviate
Exploitation by coercion will not subsidize by banning commercial surrogacy but instead aggravate as Two-thirds of people in India live in poverty [14] and it is due to strive for survival in any industry. Besides It would only remove the opportunity for women to alleviate their poverty.
But by making surrogacy altruistic these problems does not solve but aggravate it. The problem that needs to be addressed instead by ensuring a system that the surrogate is at least not underpaid if not overpaid.
Infact making it altruistic the surrogate may be exploitative and unjust to a surrogate if she is underpaid or not paid at all. This would mean the exploitation argument actually in favors of commercial surrogacy and suggest higher payments to surrogates.
Arguments on Surrogacy leading to Human Trafficking.
There have been reports where the egg and the gametes used in gestational surrogacy lead to unethical practise such as Human Trafficking.
In the year 2009, eggs from the minor girls were trafficked by the Israeli Doctors in one of the clinics named SABYC Clinic in Romania. Even a girl of 16 years was rescued in a serious condition, left after the eggs removal procedure. [15]
The above incidents are really alarming but if we observe this industry is totally different from the surrogacy industry. In fact these cells are stored and accumulated long before there is any requirement of surrogacy. This issue is now under strict surveillance and stringently regulated. The Bill has taken necessary steps to prohibit sale of embryos and gametes. It is also taken care of by the “Assisted Reproductive Technology Regulation Bill, 2020” approved by the cabinet.
By removing the compensation aspect of surrogate and making it altruistic is not a solution that would affect to curb these crimes. It's only stringent punishments can control such activities.
Nationality Problems faced by child.
Due to lack of proper cross border legal frameworks, the intending couple have to go through harassment, from both, within the country and from outside the country where they availed the services of surrogate mothers. There are different nationality laws in different nations, as a result sometimes a surrogate baby remains stranded, as no nation is willing to give him/her the nationality and passport. Besides, even if nationality is granted by the birth country, there are stringent laws to allow the baby to travel to its intended parents' home country, to abide by the child trafficking laws and adoption laws. This is self explanatory in Baby Manji’s Case.
The bill has now taken care of this
PROBABLE EFFECTS OF ALTRUISTIC SURROGACY
The bill aims to completely ban and criminalise commercial surrogacy and allows only ethical altruistic surrogacy. But it fails to realise that by banning commercial surrogacy, the Bill ignores the fact that altruistic surrogacy is also exploitative. This has called for serious concerns in many aspects.
Rich becomes richer and poor becomes altruistic.
As per annexure 1, there are many parties involved in surrogacy. It is a proven fact that in surrogacy, the middlemen/agency and doctors are paid lucrative fees, and account for more than 2/3rd of the amount given by intended parents. Less than 1/3rd of the amount is given to surrogate.
This would mean that in altruistic surrogacy 1/3rd is altruistic and 2/3rd is profit.
But the Bill does not regulate the agency fees or doctors fees . This means all the other parties can earn in surrogacy except for the surrogate who stakes her life, lives in a hostel and gestates the baby for 9 months. The physical and psychological risks that a surrogate undergoes should not be compensated, itself sounds vague.
This definitely promotes discrimination between parties invoved in surrogacy. As the rich are becoming richer and the poorer are subjected to altruism.
Blackmarketing
Earlier only close relatives were allowed, but after recommendation from the Rajya sabha select committee the cabinet allowed any ‘willing women’ to opt for Surrogacy. This has now again opened the market for surrogacy though now the payments can be channelised discreetly.
Infact this could be more exploitative, the middle man could coerce the surrogate to be underpaid or intimidate her not to voice her concerns as if she may end up as a victim to the punishment laid down by the bill. Due to poverty she will not be even able to safeguard her interest through litigation.
And even if the bill reserves its original decision to restrict surrogacy ‘only by close relatives’, it would still not regulate this industry.
An underground market is highly likely to develop with the implementation of a ban due to legal altruistic surrogacy. Fake certificates of family relationships are easy to procure, and cash transactions easily bypass the law.
These centres will perform surrogacies in highly unregulated environments which means there will be no guarantees for the health conditions of the surrogate mother, the baby to be born, or payments made, and responsibilities of the commissioning parent.
Earlier, when kidney donations were being legally restricted to close family, there was a rampant record rise of kidney sales.
Financial exploitation of surrogates continues.
It is often seen that women who opt being a surrogate are always in financial need. Few are even single parents, divorced or left by their husbands. Many a time these women have a lack of skill and education that they have to survive working as household maids. Ispite of giving in hard work round the clock, their jobs do not account for high returns. They find many difficulties in sending their children to school and cannot even afford a house of their own. Their average monthly income ranges from Rs 3000/- to Rs 5000/-. In such cases Surrogacy helps not only a childless couple but also these surrogates in their strive to achieve a basic standard of living. Surrogacy is a better option for such women as compared to prostitution or organ selling like kidney selling.
OBSERVATION
Earlier commercial surrogacy was legal and allowed in India. Many foreigners came to India for surrogacy, it was very cheap here.
Due to poverty and need of money the surrogates used to agree for surrogacy for cheaper amounts i.e 4-5 lakhs. So, though the doctors, agencies and other intermediary fees were high it made surrogacy programm cheaper in India (Refer Annexure 1). As many illegalities sprouted up associated with surrogacy, the govt decided to ban commercial surrogacy completely.
Commercial surrogacy is not inherently unethical, but it can lead to certain issues that need to be addressed through regulations in the right direction.
The Bill proposed on Altruistic Surrogacy and regulates that nothing can be paid to the surrogate except for medical and insurance expenses. But there are no regulations with respect to fees and other charges of doctors and agencies provided in the Bill.
This kind of Altruistic surrogacy, will definitely not resolve the problems posed by Surrogacy In India but instead aggravate it as it is equally exploitative. Many debates took side of banning commercial surrogacy such as Commodification of women’s reproductive labor, child and women itself. But these issues are explained in the report that actually it is a non-issue of Commercial Surrogacy. The claim that it is degrading a child and women, rests only on symbolic or religious norms and not logical or evidential ones. Commodification of children is a non-issue in surrogacy because it involves payment for infertility substitution for longing parents who want to make them part of their family and not payments for illegal use of children. The commodification of women is definitely an issue, especially where women are brainwashed into altruism on the grounds of morality, allowing others with no compromise for the benefit of the fertility industry.
Not only is commercial surrogacy justifiable when properly regulated, it can also be beneficial. It avoids the issue of exploitation by underpayment and it creates clarity in the obligations of both parties. It promotes reproductive autonomy of intended parents and empowers surrogates to choose what to do with their bodies and to profit from this choice. Proper screening of payments by local govt authorities would avoid exploitation by underpayment and eliminate the middleman who are the real cause of illegalities.
This legitimization of the surrogacy if adopted in the right direction will not only avoid exploitation and other issues but give such substituted reproductive treatments a justfull approach.
SUGGESTION
When it comes to any piece of legislation I think the intent of legislation is always good but sometimes there are gaps when it comes to implementation of legislation.
We have a wonderful health system in India. If we have fairly good legal infrastructure and regulation we can curb illegalities considerably .
So my response is we should allow compensated surrogacy in India but in a regulated safe way as follows -
1. The surrogates’ compensation should be monitored by and protected by a local, independent professional body like the State Surrogacy board where they are required to register. Surrogates should be paid well, and payments should be given at regular intervals across the period of surrogacy and irrespective of the outcome of pregnancy. The surrogate should get a fair and just portion of the payment and the doctors, agency/ broker should not be allowed to handle their payment part. This would avoid exploitation by underpayment and will downplay their role of agents who are actually pivotal to most illegalities and exploitation in surrogacy.
2. In Australia any child born of egg donor or sperm donor, can know about their donor and get in contact with them. Because Australia registers and records all of the people involved in the process of surrogacy. I would suggest that in order to respect the rights of a child ‘to know their origin roots’ , India should make necessary legal provisions in this regard. The National and State boards established to regulate the practise of surrogacy must make it mandatory for clinics or agencies to maintain such records.
3. In transnational or cross border surrogacy it becomes difficult to track the egg/sperm donor, therefore the step taken by law framers on surrogacy in restricting the scope Surrogacy in India to Indian citizens will definitely help in overcoming the above difficulty. Also since it is difficult to locate the genetic roots and origin of surrogate children in cross border surrogacy, in my suggestion the practice that the government had adopted to restrict Indian Surrogacy for Indian Nationals would definitely help surrogate children in their right to know their origin.
4. In adoption parents are thoroughly evaluated and observed before a baby is being given in adoption but this is absent in case of surrogacy. In the case of Baby Gammy, the intended father was charged with cases of child sexual harrassment and was barred to adopt children in Australia. Therefore he opted for surrogacy outside his country. Therefore I would suggest that as in case of adoption, parents are thoroughly screened and interviewed, the same regulations must be followed in Surrogacy.
5. The Govt should promote medical research that would treat infertility in a couple. Sometimes infertility is not permanent and with the right test and treatment this could solve the problems of childless couples.
6. There have been too few attempts to regulate fertility doctors’ , and agency’s practices. Except for registration, there are no restrictions on the fee the doctors charge for surrogacy. This will also ensure bringing the rates of surrogacy considerably down, making it available to all classes of childless couples.
7. The restrictions on live-in couples, gay couples, single men and women and couples who already have children, from commissioning surrogate babies show that the Bill's drafters are rigid with heteronormative family values. This is discrimination on the basis of their choice of marriage and sexual preference, which is their natural human right. So if adoption is allowed to them, then even surrogacy should be allowed to them.
8. In India there is no provision for psychological screening or legal counselling as it is mandatory in the USA. So we should adopt this as ‘Right to be Informed’ is also a Human right of a Surrogate.
So my suggestion is that we should allow compensated surrogacy in India but in a regulated safe way. Where we can screen who can engage in surrogacy so we don’t get convicted child offenders getting children through surrogacy. And where we can screen who can become a surrogate so there is no oppose to the needs of poor women. We can set minimum amounts of compensation for surrogacy as well as maximum amounts. And I would suggest there would be a far better response to surrogacy than a current approach.
CONCLUSION
I would like to conclude with this that if we can actually come up with an informed considerate position on surrogacy using International Human Rights Law, a set of standards across the globe, can help us address some of the concerns that surrogacy raises.
World has warmed up to the concept of surrogacy that allows childless couples or single persons to become parents. Though altruistic surrogacy is tightly regulated in India, still this will not solve the illegalities and violation of rights of surrogate child, surrogate and intended parents.
It is elaborately discussed that commodification of children or woman or women’s reproductive organs is not because the commercial aspect paid to a surrogate. But indeed by taking away her entitlement to compensation and allowing all the other agencies to gain on her plight is indeed ‘commodification of altruistic surrogacy’.
Both commercial and altruistic surrogacy have ethical drawbacks. Making surrogacy altruistic does not prevent abandonment of children, as abandoning children after incurring Rs 15 Lakhs to Rs. 25 Lakhs, was certainly not because surrogacy was commercial but because of morality and humanity missing on the part of Intended parents. By imposing exemplary cost on such illegalities will prove effective and not by making surrogacy altruistic.
The blackmarketing and human trafficking for eggs and gamete will still prevail as surrogacy is not banned only commercialisation is banned. Calling it 'altruistic surrogacy' will not take away the problems, but will render them invisible.
One must try to understand that it is not payments to a surrogate that are exploitative, as payments are the motive for which a surrogate gives consent. It is her poverty and illiteracy that leads to exploitation. So if proper counselling with good legal backing is given to a surrogate it would considerably protect her and her rights.
The most positive step taken by the bill is disallowing foreign couples to adopt surrogacy in India. Indeed it will hit the GDP of the surrogacy market to a larger extent but the ‘interest of the child’ who are left abandoned or remain stranded due to disparity in laws is taken care of. Also a child’s right to know its origin is also preserved which otherwise is impossible in transnational surrogacy.
Literature Review
A Human Rights Response to Commercial Surrogacy | Dr Paula Gerber | TEDxStHildasSchool
Dr. Paula Gerber is the author and editor of numerous books and articles covering Surrogacy and Human Rights. Paula is currently the lead investigator on an Australian Research Council funded empirical project entitled 'Closing the Gap on indigenous Birth Registration'.
She is an internationally recognised expert in human rights law and speaks about this passionately.
Her talk was given at a TEDx event using the TED conference format Learn more at http://ted.com/tedx
Her debate has hit with 23.8 million views which speaks about the debate that runs regarding the rights to surrogacy in a commercial sense. In her opinion she has suggested Compensated form of surrogacy. Dr. Paula is able to put all sides of this debate into perspective.
Surrogacy (Regulation) Bill, 2020: Doing more harm than good?
Online Legal Advice - Lawyers in India http://www.legalserviceindia.com/legal/article-3945-surrogacy-regulation-bill-2020-doing-more-harm-than-good-.html
Has written an article that how the new Surrogacy laws violate the Human right laws.
A very interesting picturesque video explaining historical background of Human Right laws.
4) The Surrogacy Bill Explained By A Lawyer
IndianExpressOnline
The Indian Express Online has given full coverage on the Surrogacy (Regulation) Bill passed by the Lok Sabha. It exhibits how the BILL has evoked strong reactions from activists and lawyers who say that it is against women's empowerment.
[1]Finding the Lost Boy: Commercial Surrogacy in India (2015) | Foreign Correspondent
https://www.youtube.com/watch?v=kC21W8SOogc&feature=emb_title
[2] Weena Kowitjwani, Thai Organization Involved in Trafficking in Vietnamese Surrogate Mothers Uncovered,
ASIANEWS.IT (Mar. 2, 2011)
http://www.asianews.it/news-en/Thai-organisation-involved-in-trafficking-in-Vietnamese-surrogate-mothers-
uncovered-20916.html
[3] https://www.straitstimes.com/asia/south-asia/indias-move-to-ban-commercial- surrogacy-sends-industry-into-panic
[4] In Depth - New Surrogacy Bill - Rajya Sabha TV
https://www.youtube.com/watch?v=yvrOSw7xPvY&t=4s
[5] Law Commission of India in Report No-228, Need For Legislation To Regulate Assisted Reproductive Technology
Clinics As Well As Rights And Obligations Of Parties To A Surrogacy, August 5, 2009
http://lawcommissionofindia.nic.in/reports/report228.pdf,
[6] Rajya Sabha Tv. - In Depth - New Surrogacy Bill - https://www.youtube.com/watch?v=yvrOSw7xPvY
[7] Ibid
[8] https://indianexpress.com/article/india/india-news-india/surrogacy-bill-2016-sushma-swaraj-slams- celebrities-for-misusing-practice/
[9] Where is Dev, the child born through surrogacy but left behind by his parents?
https://scroll.in/pulse/817116/where-is-dev-the-child-born-through-surrogacy-but-left-behind-by-his-parents
[10] https://edition.cnn.com/2013/03/04/health/surrogacy-kelley-legal-battle
[11] http://archive.indianexpress.com/news/his-surrogate-mother-dead-baby-boy-- all-right-/950923/
[12] Haworth, A. 2007. Surrogate mothers: Womb for rent. Marie Claire. July 2007.
https://www.marieclaire.com/world-reports/news/surrogate-mothers-india.
[13] Hyderabad: Man harasses woman he hired for surrogacy; arrested
https://indianexpress.com/article/cities/hyderabad/hyderabad-man-harasses-woman-he-hired-for-surrogacy-arrested-6279245/
[14] POVERTY IN INDIA: FACTS AND FIGURES ON THE DAILY STRUGGLE FOR SURVIVAL
https://www.soschildrensvillages.ca/news/poverty-in-india-602#:~:text=Two%2Dthirds%20of%20people%20in,they%20are%20considered%20extremely%20poor.
[15] Hedva Eyal, Reproductive Trafficking ,GENEWATCH
http://www.councilforresponsiblegenetics.org/genewatch/GeneWatchPage.aspx?pageIbid=313