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International Family Law

The leading authority on international family law

22 MAY 2012

India - Surrogacy: imported from India – need for a regulatory law

Anil Malhotra

Glamour promotes surrogacy. British pop star Elton John and his Canadian film-maker partner David Furnish became parents of a baby boy born to a surrogate mother in California while our very own Indian film star Aamir Khan and Kiran Rao obtained a child through surrogacy aided by In-vitro Fertilization (IVF). Today, the reproductive tourism industry promoting surrogacy in India is estimated at Rs. 25,000 crores promoted by over 200,000 IVF clinics with websites offering wombs, sperms and eggs. Surrogacy packages which reportedly cost $100,000 in Europe or the US are easily available in India in the range of $10,000. Surprisingly, surrogate hiring of wombs exists in India even though The Transplantation of Human Organs Act 1994, bans the sale of human organs, loaning of organs and any commercialisation of the trade of human organs. Moreover, surrogates are now here as freely available as in India to single parents, gay or unmarried partners, despite the fact that same sex relationships are not permissible in India. The primordial urge to have a biological child of one's own flesh, blood and DNA, aided with technology and purchasing power of money coupled with the Indian entrepreneurial spirit has generated this flourishing Indian reproductive tourism industry.

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