No more Baby Manjis in India, draft law on surrogacy ready...

Finally!  Surrogacy, egg and sperm donation laws that show India HAS been listening to the rest of the world! The one thing that I do find interesting is the bit that states:  “Provided that no woman shall act as a surrogate for more than three successful live births in her life.” I wonder how that would go over in the USA where I personally know of women who have been surrogates 4 and 5 times....there is more to these laws and legal battles in 'other countries' that meets the eye and ART professionals including agencies should take note. The rest of the world is regulating Third Party Reproduction....when will the US follow?

 

Sharon

www.InfertilityAnswers.net

 

No more Baby Manjis in India, draft law on surrogacy ready

 

Posted: Sep 27, 2008 at 0136 hrs IST

New Delhi, September 26 With the dust of the ethics debate and legal battle over Baby Manji — born on July 25 to a surrogate mother in Gujarat using the sperm of a Japanese man and the egg of an unknown donor— yet to settle, the first move has been made in the direction of setting up a regulatory framework for surrogacy in India.

Indian Council of Medical Research (ICMR) on Friday came out with a draft Assisted Reproductive Technology (Regulation) Bill, 2008, that said the surrogate baby of a separated or divorced couple will remain their “legitimate child” if both parties had consented to assisted reproductive technology (ART) to have the baby. The baby’s birth certificate will have the name(s) of the genetic parents/parent.

The draft Bill is expected to be tabled in Parliament’s winter session.

A foreigner or foreign couple not resident in India, or a non-resident Indian individual or couple seeking surrogacy in India, will have to appoint a local guardian who will be legally responsible for the care of the surrogate mother during and after pregnancy until the baby is delivered to the parent/parents or the local guardian.

The draft Bill says semen banks must obtain semen only from men between the ages of 21 and 45, and arrange to obtain oocytes from women between 21 and 35. Banks will have to advertise for gamete donors and surrogates, who may be compensated financially by the bank.

“No woman under 21 years of age and over 45 years of age shall be eligible to act as a surrogate mother under this Act,” says the draft, adding, “Provided that no woman shall act as a surrogate for more than three successful live births in her life.” No woman shall donate oocytes more than six times in her life, with not less than a three-month interval between oocyte pick-ups.

Gynaeologists say the absence of a legal framework so far has resulted in college students ‘selling’ semen and eggs for pocket money.