Surrogacy in India
High prices of services for surrogates in the USA and European countries are forcing childless couples to look for cheaper options in other countries. India was considered as the center of surrogacy, which attracted couples from every corner of the world, until the government banned foreigners to use the Indian surrogacy mothers’ services. Which status has the reproductive medicine law in India now?
Features of legal regulation
In 2012, government banned to gay couples to use the surrogate mothers’ services. In 2016, authorities introduced a ban on the commercial format of surrogacy.
This happened after opponents of surrogacy called on authorities to stop the exploitation of poor Indian girls who thus earned money for living.
Now only married couples who are citizens of India have the possibility to use the Indian surrogates. at the same time, it is possible to help a childless couple only from altruistic motives without financial reward.
So far, the ban on commercial surrogacy in India cannot stop the operation of fertility treatment centers, as they are looking for all kinds of “loopholes” and continue their illegal activities.
The cost
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Since surrogacy in India has recently been banned at the legislative level, infertile married couples, in order to avoid troubles with the law, go to countries where this field of medicine is legal. Ukrainian legislation regulates the work of fertility treatment agencies, without limiting the amount of financial remuneration for surrogates.
VittoriaVita is one of the best Ukrainian surrogacy centers, which uses complex programs costing from 36 to 50 thousand euros. VittoriaVita has a big base of surrogates, egg donors, the agnecy provides medical and legal assistance for the participants of the program.
Alternative countries where surrogacy services are allowed
Ukraine
Most of the ART methods are allowed, including surrogacy, the use of which is regulated by a number of normative legal acts in Ukraine. Benefits:
- a high level of medicine in the field of aRT methods,
- a wide choice of packages,
- the ability to combine different methods of fertility treatment,
- affordable prices,
- strict requirements for SMs,
- availability of treatment for foreign citizens,
- centers of the infertility treatment create their own databases for surrogate mothers, egg donors.
Among the shortcomings, we will single out one: the programs aren’t available to single parents and gay couples.
Georgia
Surrogacy in Georgia was legalized in 1997. In 2014, authorities planned to impose a ban on financial rewards to the surrogates for their services. No changes were made – the paid form of surrogacy is allowed in Georgia.
Benefits:
- the program is regulated by laws, the relationship between a SM and the couple is regulated by the contract,
- documents for a newborn are drawn up in a day,
- reasonable prices,
- Georgian surrogates are distinguished by good health.
Kazakhstan
In 1998, surrogacy service was legalized in the republic.
Benefits:
- the authorities annually allocate a certain amount for IVF infertility treatment for their citizens,
- a contract is concluded between a surrogate mother and a couple in accordance with the requirements of civil law,
- parental rights belong to the genetic mom and dad, the surrogate mother can keep the newborn for herself in two cases: the parents refused to take the baby, the mother and father dies,
- services of surrogate mothers are available only for the married couples who have a medical indication for this.
Minuses:
- couples who are in a civil marriage and single women are not eligible to undergo the programs,
- 30% of contracts in Russia are concluded free of charge.
Russia
Surrogacy in Russia is widely practiced and controlled at the legislative level.
Benefits:
- surrogacy services are available for both married couples and single people,
- strict requirements for surrogate mothers,
- programs are available for foreign citizens.
Disadvantages:
- a woman has the right to refuse to give the child to biological parents, the law in such a situation will be on her side,
- parents may also change their mind about taking a newborn,
- the surrogate mother has the legal right to challenge the rights to the child in court after years.
The main problem is that, by law, the mother is the woman who endured, even if she doesn’t have a genetic connection with the child.
