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Surrogacy for fair and lovely babies
Babies with curly hair and very fair — that’s what is rising in demand among parents as they choose surrogate mothers from outside the country. Although the procedure is expensive, experts say that the practice is trending as more people want ‘beautiful’ kids
Chennai
For decades, the very concept of surrogacy — an arrangement whereby an intending couple of individual commissions another woman to carry their child — was considered taboo in India, especially in conservative states like Tamil Nadu.
But over time, with the many advantages associated with the practise (such as the genetic link for the child, ability for parents to choose the surrogates, and so on) when compared to adoption, surrogacy became a popular choice for many couples.
Many celebrities in India – from actors Aamir Khan and Shah Rukh Khan to the likes of Tusshar Kapoor and filmmaker Karan Johar (as single dads) – have opted for such an arrangement as well. The most recent endorser is actress Sunny Leone and husband Daniel Weber who became parents to twins earlier this year in March, via surrogacy. “We chose surrogacy with a fertilised egg from Daniel’s genes and my genes,” said the actress, who had earlier adopted a baby girl Nisha, as her daughter.
However, while most of these parents have chosen surrogates from India for this assisted reproduction procedure, there now seems to be a small segment of couples from the Indian upper-class that are travelling overseas – not only for convenience, but also for different genes.
Indeed, foreign surrogate mothers are chosen such that the consequent babies will have fairer skin, interracial genes and ethnicity. Despite the complicated legal issues surrounding such an option, for those who can afford it, and have the patience to traverse between countries or continents constantly for close to a year, this has emerged as a modern-day trend.
But, with many countries banning commercial surrogacy (such as France, Bulgaria, Germany, etc) and terming it illegal, there only exist a few viable choices for even the well-to-do. And, it remains to be seen if the phenomenon will grow in the years to come, given the Surrogacy (Regulation) Bill, 2016 that proposes to regulate surrogacy in India, and once enacted, will prevent commercialisation and exploitation of surrogate mothers.
If couples can afford it, nothing wrong with foreign surrogates, say doctors.
Dr Priya Selvaraj, scientific director at GG Fertility and Women’s Specialty Hospital in Chennai is a fertility specialist, clinician and embryologist. “Of course it’s possible for Indians to go overseas and find a foreign surrogate mother,” she said.
“Some people with families and relatives living abroad may be inclined to opt for such an option. NRIs also would be interested in such procedures, I would assume. But many foreign countries have stringent laws around this, and it would be quite expensive for an Indian couple to facilitate this. But if done with all the legalities in mind, there is nothing to prevent them from going ahead with a foreign surrogate mother,” Dr Selvaraj added.
Speaking about the current status quo of surrogacy options in Tamil Nadu, she said, “Since the Bill came into existence, most hospitals and clinics have appointed legal consultants to ensure that all procedures are done properly, and all rules are followed. Also, now, we only accept Indian couples as clients (those who are able to visit on a regular basis) and not those from abroad.”
Similarly, Dr Asha Rao, medical director of Rao Hospital in Coimbatore, said that parents opting for foreign surrogates might need to return to India and adopt the baby legally. “It depends on the law in different countries. It, however, is upto the couple in question to take such decisions, and there are several specialist surrogacy agencies to help them with this and make sure the paperwork is transparent,” she said.
“Parents are allowed to not just choose from pictures, but also learn about the surrogate’s background, education, food preferences, character, and so on. They can also meet the surrogate in person before all the compatibility tests are done,” said Rao.
Apparently, some couples even request for surrogates based on caste, with Brahmins being a popular criterion.
Lawyer talk
Chennai-based Hari G Ramasubramanian, chief consultant at Indian Surrogacy Law Centre, said that rather than Indian citizens, people of Indian origin who are settled abroad could respond to this trend in a positive manner.
“The visa restrictions to OCIs (Overseas Citizen of India) and other complications could make the option of a foreign surrogate mother attractive to potential Indian parents. But, I personally have not come across such a request from any of our clients.”
Legal route to surrogacy
- Commercial surrogacy has been legal in India since the year 2002 as per the guidelines laid down by the Indian Council for Medical Research (ICMR)
- There is no legislative backing for the practice that is operated on the basis of the ICMR guidelines
- In 2008, the case of Baby Manji Yamada vs The Union of India brought to light the need to regulate the booming commercial surrogacy industry
- Currently, there is no harmony of laws across jurisdictions on surrogacy with the Assisted Reproductive Technologies (Regulation) Bill which was originally drafted in 2008 and redrafted in 2010 and 2014 and the Surrogacy (Regulation) Bill, 2016, both pending before the Parliament. Sources: legal portals
- The Surrogacy (Regulation) Bill prohibits single parents, foreigners, homosexuals and live-in couples from becoming commissioning parents. It also disallows childless or unmarried women to be surrogate mothers
- The ART (Assisted Reproductive Technology) Bill looks to regulate commercial surrogacy, but the Surrogacy Bill has provisions that include a blanket ban on the practice of commercial surrogacy and only allows for altruistic, ethical surrogacy, where the surrogate mother is a close relative of the commissioning parents
What is surrogacy?
Surrogacy is an arrangement whereby an intending couple commission a surrogate mother to carry their child
Altruistic surrogacy: This involves an arrangement where the couple does not pay the surrogate mother any compensation other than the medical and insurance expenses related to the pregnancy
Surrogate mother: Woman commissioned to carry the baby for the intending couple
Intending parents: Parents commissioning the baby through surrogacy. They are the legal parents of the child born through surrogacy
Traditional surrogacy: In this case, the surrogate becomes pregnant through artificial insemination and is genetically related to the offspring. The sperm may come from the intended father or a sperm donor
Gestational surrogacy: This is different in that the insemination happens via IVF (in vitro fertilisation). In this case, the surrogate is genetically unrelated to the baby. The embryos are created using the eggs from the intended mother or an egg donor and sperm from the intended father or a sperm donor
‘Many men want to become fathers and are ready to fight for their rights’
Entrepreneur, actor and advocate at Madras High Court, Sam Paul, became a single parent to his twin boys Noah and Isaiah through surrogacy. “In India, a surrogacy procedure could go up to a maximum of Rs 20 lakh. But the cost of such a procedure overseas could easily cross Rs 2 crore, with all the travel and legal fees to all parties involved,” he said. He added that not just couples, but single men in India have been putting up a strong fight over the past few years for their rights to raise children – and this could become an alternate option for them. “With the recently introduced Bill, and adoptions requiring long waitlists, single fatherhood remains at a complex situation. But there have been many men wanting to become fathers and aren’t afraid to fight for their rights.”
‘We opted for a foreign surrogate to protect privacy’
This married couple from Tamil Nadu, who wish to remain anonymous, speak out about using a surrogate mother overseas (they don’t wish to reveal the country), saying that they don’t regret their decision – even though it was complicated. “We did this because we knew it would be impossible to get a surrogate mother in India and keep it private or within the family. We’d have had to answer a million questions as well on the ethicality behind it, and we weren’t comfortable with the agencies and hospitals we visited looking for suitable profiles,” says Meenakshi (name changed), who is now the proud mother of a nine-month-old boy.
“Even though the expenses were relatively high, we are still happy as we obtained the best of facilities abroad, and it was far more transparent than what was presented to us at the clinics back home here. This helped us take a more informed decision about choosing the surrogate,” said the father.
They also said that they have no concerns about the baby’s interracial genes and are happy about his progress. “All the medical tests came back with perfect results, and we are just excited to raise him happily now.”
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