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<keyword id="6358777" type="General" weightage="20" keywordseo="new-delhi" source="Orion">New Delhi</keyword>, The Delhi High Court Wednesday observed "<keyword id="6375354" type="General" weightage="100" keywordseo="surrogacy" source="Orion">surrogacy</keyword> industry" should not be encouraged in <keyword id="3658" type="General" weightage="50" keywordseo="india" source="Orion">India</keyword>, where if left unchecked, it may grow into a billion dollar business. The court made the observation while hearing a plea by an Indian origin couple living in Canada challenging the March 14 notification issued by the Centre amending the Surrogacy (Regulation) Act to ban donor surrogacy by altering Form 2 under Rule 7 of the Surrogacy Rules, 2022. A bench of Acting Chief Justice <keyword id="6425243" type="General" weightage="50" keywordseo="manmohan" source="Orion">Manmohan</keyword> and Justice <keyword id="14115967" type="General" weightage="50" keywordseo="mini-pushkarna" source="Orion">Mini Pushkarna</keyword> said the changes in surrogacy rules happened at the instance of the courts. "Why should the court get into all this now? This industry (surrogacy) need not be encouraged here. You are based in Canada. You cannot run an industry here. This will become a billion dollars industry. This is not a case where we should be asking the government to do anything," the bench said. It listed the matter for further hearing on January 15, 2024, when similar other petitions will also be heard. The Delhi government was represented through standing counsel <keyword id="50790" type="General" weightage="50" keywordseo="santosh" source="Orion">Santosh</keyword> Kumar Tripathi. The petitioners said they are Indian nationals who got legally married according to Hindu rites and ceremonies, and are permanent residents of India. They said they are a childless couple and have a medical condition that necessitated gestational surrogacy through which they intended to become parents. The plea said the couple requested for surrogacy with oocyte donation where embryos were to be transferred into the uterus of the surrogate mother. The embryos were to be created from donor oocytes and sperm of the husband. It said the couple was granted certificate of medical indication for surrogacy with donor oocyte in December 2022, stating that they can undergo a surrogacy procedure as an advanced treatment for infertility. However, on March 14, 2023, the Centre issued a notification amending the surrogacy regulations and banning donor surrogacy.

If left unchecked 'surrogacy' may grow into a billion dollar biz: Delhi HC

<ul class="summary-list"><li><keyword id="11892747" type="UNKNOWN" weightage="60" keywordseo="india" source="Orion">India</keyword>'s commercial <keyword id="12102752" type="UNKNOWN" weightage="60" keywordseo="surrogacy" source="Orion">surrogacy</keyword> market was estimated to be worth $375 million before it was banned.</li><li>As people look overseas, the former Soviet state of <keyword id="11931393" type="UNKNOWN" weightage="60" keywordseo="georgia" source="Orion">Georgia</keyword> is emerging as a favorite option.</li></ul>Thousands of aspiring parents from around the world have turned to Dr. Nayana Patel for help.She has delivered more than 1,000 babies from surrogates at the Akanksha Clinic in Anand, in western India. Her prominence within Indian surrogacy led to her being interviewed on "<a href="https://www.youtube.com/watch?v=yW6xM2dZO3Q">The Oprah Winfrey Show</a>" in 2006.But she told Insider that she hadn't had any new work since February. The future of an industry she helped build might lie 2,000 miles away.<div type="image" title="Photo of a woman seated in a chair with her arms across her front" height="274" width="365" msid="92087109" hostid="261"></div>A law banning commercial surrogacy, passed by India's Parliament in December, has upended the sector in a nation that for years was a surrogacy capital. Surrogacy in India was a $375 million business spread across <a href="https://www.tandfonline.com/doi/full/10.1080/26410397.2021.1878674">3,000 clinics</a> before the ban, doctors, researchers, and legal experts who spoke with Insider estimated.That's almost a tenth of what Global Markets Insights estimates is a <a href="https://www.gminsights.com/industry-analysis/surrogacy-market">$4 billion</a> global market that's expected grow by almost a third by 2027.But the ban is pushing India's chunk of that market — which relies on <a href="https://nhrc.nic.in/sites/default/files/Report_NHRC_Surrogacy_24122018.pdf">affluent Indians</a> at a time when <a href="http://www.ijstr.org/final-print/feb2020/Infertility-An-Alarming-Situation-In-India.pdf">one in six</a> urban couples struggles with infertility — overseas. The former Soviet republic of Georgia, a rare nation where commercial surrogacy is legal and relatively inexpensive, is emerging as a favored destination.Patel recognizes that this means she might soon be flying to Tbilisi, Georgia's capital, to take on cases. "It's only natural for Indian couples to now want to go there for surrogacy," she said. "And clinics there will either bring in experts like me from India or hire local doctors."<a href="https://www.artbaby.in/">ARTbaby</a>, whose motto is "Your baby, our ART," is a surrogacy center<a href="https://www.artbaby.in/"></a> headquartered in New Delhi that's pitching its <a href="https://www.surrogacycentregeorgia.com/surrogacy/georgia-a-surrogacy-in-india-alternative/">Tbilisi facility</a> as an "alternative" for Indians. When asked how it was adapting its business in the wake of the ban, another Indian service provider, Vinsfertility, pointed to its ability to offer surrogacy services in other countries, specifically mentioning Georgia, which it said in a statement to Insider offered a "guaranteed surrogacy program."The promises are working.Five months ago, Ravinder Singh couldn't have placed Georgia on a map, he joked to Insider during an interview. Since India's ban, he and his wife, Meena — who has had three miscarriages — have spent nights poring over surrogacy options outside the country.They settled on Georgia, and in February, they flew to Tbilisi to check out different centers. The couple, who still haven't told most people in their conservative family that they're contemplating surrogacy, told relatives that they were going on a holiday.Once there, they found they weren't alone. "In every single center that we visited, we either met or heard of other Indian couples interested in surrogacy," Singh said. India was the <a href="https://gnta.ge/statistics/">13th-largest source</a> of visitors to Georgia in the first four months of 2022, up from 15th in 2019, Georgian government data indicated — though it's unclear how many of those travelers were exploring surrogacy options.India's ban follows a decade-long debate in the country over the ethics of allowing people to pay women to carry their children.Before the ban, each surrogacy in the country cost about $20,000, said Amit Karkhanis, a lawyer in Mumbai who specializes in contracts between couples and surrogates. In 2012, researchers from The Lancet <a href="https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(12)61933-3/fulltext">estimated</a>, that about 25,000 children were born annually to surrogates in India, and that almost half of them were for foreign parents.In 2015, Prime Minister Narendra Modi's government banned foreigners from using Indian women as commercial surrogates. But the substantial domestic market was left untouched — until last year.The total ban "killed" the domestic surrogate market, said Hari Ramasubramanian, the chief consultant at the Indian Surrogacy Law Centre, a legal consultancy that specializes in the sector.For Georgia, the timing of the ban couldn't have been better. Two alternatives, Nepal and Cambodia, banned the practice in 2015 and 2016, respectively. India's total ban came into effect just as Ukraine, one of the world's most popular surrogacy destinations, was invaded by Russia. And while some Indian service providers are eyeing Kenya — where Vinsfertility also has a center — it can't offer a Georgia-like legal shield for those seeking surrogates. "It's murky in Kenya. There's no law recognizing surrogacy, but officials turn a blind eye," said Sharmila Rudrappa, the director of the South Asia Institute at the University of Texas at Austin and author of "Discounted Life: The Price of Global Surrogacy in India."By contrast, couples face no legal risks in Georgia, she added. Surrogacy there costs more than in India — with one provider citing a price range of <a href="https://www.caresurrogacy.com/care-georgia-program/">$30,000</a> to $39,000 — but significantly less than in the United States, where prices average between <a href="https://www.sensiblesurrogacy.com/surrogacy-costs/">$120,000</a> and $150,000, one group estimated.Georgia legalized surrogacy in 1997. Ravi Sharma, the director of ARTbaby, cited the way Georgia's laws favored adoptive parents as a pull factor: "The surrogate mother has no rights over the child. There is no mention of surrogacy or the surrogate mother on the birth certificate. There is no requirement for a lawyer."<div type="image" title="Man sitting at a desk looking to camera with a laptop in front of him" height="500" width="750" msid="92087112" hostid="261"></div>Other legal experts who spoke with Insider agreed with Sharma's interpretation of the Georgian law — which also helped the country attract some of the international surrogacy market after India's 2015 law barred foreign couples from using Indian surrogates.Many Indians were introduced to Georgia's surrogacy clinics when Lisa Ray, a supermodel and Bollywood actress, <a href="https://www.vogue.in/content/lisa-ray-just-became-a-mother-to-twins-born-via-surrogacy">spoke publicly in 2018</a> about using a Georgian surrogate to deliver her twins. Karkhanis said parents might be vulnerable to legal challenges once they return home if their child was born through commercial surrogacy in another nation. But Georgia's clear laws eliminate that concern, Ramasubramanian said.India's ban doesn't apply to "altruistic surrogacy," where someone carries a couple's child out of goodwill, rather than for payment. But that could be a shield for coercion and exploitation in a society as unequal as India, said Shiromi Chaturvedi, a psychologist whose work and research focused on surrogates."This is going to drive the industry underground," she said. "And surrogates won't even have the little protection they previously had from legal contracts."Once again, Georgia might be the beneficiary as an attractive alternative for Indian surrogates hoping for better pay in safer conditions, said Rudrappa, adding that this could expose vulnerable women to the risks of trafficking."Their shift to Georgia is real," she said. "I'm already starting to hear about it."

India banned commercial surrogacy. Now, parents are flocking to Georgia, a rare nation where it's legal &mdash; and relatively cheap.

<ul><li>India intends to ban <keyword id="659688" type="UNKNOWN" weightage="20" keywordseo="Commercial-Surrogacy">commercial surrogacy</keyword> and recognise altruistic surrogacy through close relatives. </li><li>The business of surrogacy tourism is estimated to be worth $2.3 billion per annum. </li><li>An Indian surrogate can make as much as ₹1.2 million per birth. </li></ul>Thousands of infertile couples across the world are ready to pay millions to rent a womb. That yearning has turned commercial surrogacy into a lucrative business with thousands of fertility clinics cropping up across the country. The business of surrogacy tourism is estimated to be worth $2.3 billion per annum. An Indian surrogate can make as much as ₹1.2 million per birth — high income for women who otherwise work as domestic help et cetera. Women from economically backward sections earn 10 years worth their salary by renting their wombs. However, a debate over unethical practices prompted the government to put an end to the exploitation of poor women. The Surrogacy Bill, 2019 is one of the key bills that will be introduced in parliament’s winter session starting from November 18, 2019. The Surrogacy Bill, 2019 The Surrogacy Bill, 2019 aims to ban commercial surrogacy and allow altruistic surrogacy for Indian citizens. Altruistic surrogacy says that surrogates should not be monetarily rewarded. However it covers medical expenses and insurance during the pregnancy. In 2016, the government presented the Surrogacy (Regulation) Bill, 2016 and received several recommendations from the Standing Committee on Health and Family Welfare. Later, the bill lapsed when the Lok Sabha dissolved. The government then replaced the 2016 bill with The Surrogacy (Regulation) Bill 2019 and introduced it in the Lok Sabha on July 15, 2019. No single parent, unmarried, live-in or gay couples please The Surrogacy Bill, 2019 doesn’t allow unmarried, gay, live-in couples or single parents to go in even for an altruistic surrogacy. The couple will have to prove that they are married and one of them medically unfit to reproduce naturally. The bill also prohibits couple having biological children to use surrogacy. “The certificate of eligibility to the intending couple is issued upon the fulfilment of the following conditions: (i) the couple being Indian citizens and married for at least five years; (ii) between 23 to 50 years old (wife) and 26 to 55 years old (husband); (iii) they 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; and (iv) such other conditions that may be specified through regulations,” said the bill. Surrogate mothers should be close relatives The bill also lays down several eligibility criteria to be a surrogate mother. The bill says surrogate mothers can rent womb only once. And they should have given birth to children before that. Surrogate mothers cannot be a foreign national, or a non-resident Indian. “To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to: (i) be a close relative of the intending couple; (ii) be an even married woman having a child of her own; (iii) be 25 to 35 years old; (iv) not have been a surrogate mother earlier; and (iv) have a certificate of medical and psychological fitness. Further, the surrogate mother cannot provide her own gametes for surrogacy,” said the bill. A blowback to the IVF centres The bill will be a setback for all the IVF centres in the country which earn millions through facilitating surrogacy. These IVF clinics charge between ₹10-12 lakhs from a couple for an entire surrogacy package. After India legalised surrogacy in 2002, the business of fertility clinics flourished and surrogacy tourism boomed. The country now has 3,000 clinics and then unregulated industry is wider and deeper, spread across the country.

India moves to regulate the thriving business of commercial surrogacy

<ul><li>As many as 22 bills are to be tabled this session, which intends to protect women, senior citizens, and transgenders and turn adoption easier. </li><li> Added to that, the most discussed bill that will be tabled will be that of data protection that has been buzzing ever since the Aadhar scandal broke out. </li><li>The Narendra Modi-led government is on a warpath to amend many laws this winter session.</li><li> Some of them intend to modernize laws with changing times and empower the central government. </li></ul> After passing 28 bills in the budget session of the Parliament including the controversial abrogation of <keyword id="405091" type="PERSON" weightage="20" keywordseo="Article-370">Article 370</keyword>, the Narendra Modi-led government is on a warpath to amend many laws this winter session. Some of them intend to modernize laws with changing times and empower the central government. As many as 22 bills are to be tabled this session, which intends to protect women, senior citizens, and transgenders and turn adoption easier. Added to that, the most discussed bill that will be tabled will be that of data protection that has been buzzing ever since the Aadhar scandal broke out. The winter parliament will seek a way to end the many river disputes between states. However, the winter session also has controversial bills which can empower the central government to cancel an OCI (Overseas Citizen of India) card. Here is a list of major bills to be introduced in the Winter Session of Parliament The Transgender Persons (Protection of Rights) Bill, 2019 It protects the rights of transgender persons and provides for their welfare. <keyword id="250148" type="ENTERTAINMENT" weightage="20" keywordseo="The-Bill">The Bill</keyword> was introduced in the Lok Sabha on July 19,2019 and passed by the Lok Sabha on August 5. The Surrogacy (Regulation) Bill, 2019 The bills bans commercial surrogacy in India. Constitutes the National Surrogacy Board and respective State Surrogacy Boards to regulate the practise of surrogacy. Introduced in Lok Sabha on July 15, 2019 and passed by the Lok Sabha on August 5. The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2019 The bill empowers the District Magistrate instead of the Court to reduce delays for receiving adoption order. The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 The Bill aims to make life easier for senior citizens by amending the existing act to make it contemporary as per the changing socio-economic needs. The Personal Data Protection Bill 2019 The Bill if it turns into a law will protect and regulate all aspects of personal data, and promote the growth of digital economy. The Prohibition of Electronic Cigarettes (Production, Manufacture, Import,Export, Sale, Distribution, Storage and Advertisement) Bill, 2019 It will replace an ordinance and prohibit the production, manufacture, import, export, sale, distribution, storage and advertisement of e-cigarettes, vaping products and similar devices. The Healthcare service personnel and Clinical Establishments (Prohibition of violence and damage to the property) bill, 2019 It will prohibit violence against healthcare service personnel, and damage or loss of property of clinical establishments. The Citizenship (Amendment) Bill, 2019 Amends the definition of illegal migrant, reduces the residency requirement to obtain Indian citizenship through naturalisation, and empowers the central government to cancel the registration of an Overseas CItizen of India (OCI) card. The National Commission for Indian System of Medicine Bill, 2019 It repeals the Indian Medicine Central Council Act, 1970 and sets up a National Commission to regulate the education and practise of Indian systems of medicine. It was introduced on Jan 7, 2019 in Rajya Sabha. A standing committee report is pending on the matter. The Jallianwala Bagh National Memorial (Amendment Bill, 2019 It removes the president of the Indian National Congress as a trustee and empowers the central government to remove nominated members. Introduced in Lok Sabha on July 8, 2019, and passed by the Lok Sabha on August 2. The Dam Safety Bill, 2019 As the country suffered through many floods this year, the bill intends to manage its dams better. The Bill provides for the surveillance, inspection, operation and maintenance of specified dams across the country. It was introduced in the Lok Sabha on July 29, 2019 and passed by it on August 2. The Inter-State River Water Disputes (Amendment) Bill, 2019 It provides for a permanent tribunal with multiple benches and a Dispute Resolution Committee for adjudication of inter-state river water disputes. It was introduced in the Lok Sabha on July 25, 2019 and passed by the Lok Sabha on July 31. The Arms (Amendment) Bill, 2019- Amends the <keyword id="7183713" type="UNKNOWN" weightage="20" keywordseo="Arms-Act-1959">Arms Act, 1959</keyword> to enable the law enforcement machinery to curb crimes related to illegal arms. The Assisted Reproductive Technology (Regulation) Bill, 2019 Establishes the National Board, the state boards and the National Registry to regulate and supervise assisted reproductive technology clinics. Establishes assisted reproductive technology banks to prevent misuse and promote ethical practices. The Aircraft (Amendment) Bill, 2019 The bill intends to meet the recommended standards and practices laid down by ICAO for the safety and security oversight function. The Mines and Minerals (Development and Regulations) Amendment Bill, 2019 Amends section 5(1), section 6(1), and section 17A (2A) of MMDR Act, 1957 to remove the requirement of prior approval of the central government before the grant of a mining lease. The National River Ganga (Rejuvenation, Protection and Management) Bill, 2019 It prescribes measures to prevent, control and abate pollution in the river Ganga and ensure its continuous and adequate flow.

Here is a list of major bills to be introduced in the Winter Session of Parliament

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If left unchecked 'surrogacy' may grow into a billion dollar biz: Delhi HC

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India banned commercial surrogacy. Now, parents are flocking to Georgia, a rare nation where it's legal and relatively cheap.

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India moves to regulate the thriving business of commercial surrogacy

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Here is a list of major bills to be introduced in the Winter Session of Parliament

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