The Surrogacy Bill which was passed by Parliament earlier this week has received mixed reactions from doctors. They said that as with most other radical amendments, this too, has its shortcomings and suggested that surrogacy should be permitted with robust screening and selection of cases in a strictly regulated set-up could have been more patient-friendly than a complete ban.
Aanchal Agarwal, senior consultant, Department of Infertility, IVF and Reproductive Medicine, B.L.K. Super Speciality Hospital, said, “Now, only relatives will be allowed to act as surrogates and commercial surrogacy will not be allowed. This means those couples who genuinely need surrogacy due to either congenital malformation of uterus/damaged or surgically removed uterus will be at a big loss. Clinicians will not be able to help them despite possessing the skills and technology. Surrogacy involves carrying a baby for nine months, which is a long period, and not many relatives are willing to go to this length.”
‘Unwise approach’
Stating that the proposed legislation is expected to ensure effective regulation of surrogacy, however, prohibiting commercial surrogacy would not be a wise approach as identifying altruistic surrogacy for the needy couples would indeed be a tough task. Archana Bajaj Dhawan, gynaecologist, obstetrician and IVF expert, Nurture IVF Center, said, “Sometimes, even close relatives do not come forward as surrogates.”
While it is promising to note that the Surrogacy (Regulation) Bill, 2016, proposes to regulate surrogacy in India by establishing National Surrogacy Board and strongly regulate and check unethical practices, there should not be any ban on commercial surrogacy for those who genuinely need a surrogate to carry their biological child, she said.
“The proposed law needs to primarily aim at providing support to all infertile married couples, who want to avail of ethical surrogacy. Putting a prohibition would restrict the scope and benefits of surrogacy and will prove to be a regressive move,” Dr. Dhawan said.
With nearly 10,000 surrogacy cycles carried out annually in the country, the Bill will narrow options for those wanting children, warn doctors. The Surrogacy (Regulation) Bill 2016, proposes to prohibit commercial surrogacy while it allows altruistic surrogacy, where women can legally carry someone else’s child if no money (other than medical cost and insurance), favour or coercion is involved.
IVF treatment
Doctors have also welcomed the provision of setting up of national and State surrogacy boards and state appropriate authorities within three months of the notification by the Central government. “This will help in fast securitising of cases which need IVF treatment,” said Madhulika Sinha, senior consultant, obstetrics and gynaecology, Aakash Healthcare Super Speciality Hospital.
She added that regulation of surrogacy is no doubt a noble step but that does not nullify the fact that it will rob the women of their choices and will deny her of any financial benefits which can help her family. “It is a good attempt to put an end to the exploitation of women as a commodity in the marketplace. But in the present economic condition of India, this Bill with an outright prohibition on commercial surrogacy will only push the ambitions to be achieved in a more unethical way. In the current form, the Bill does not address all actual concerns related to commercial surrogacy, hence needs some amendments,’’ she said.