Surrogacy in India--Cases initiated before 4 November will not be affected by the ban

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Written By: Editorial Team | Updated : November 8, 2015 11:09 AM IST

The Government of India was to implement a ban on commercial surrogacy in the country. The statement from the government created some confusion over the extent and exact nature of the ban and the fate of cases that were already initiated was in doubt. But according to a report in The Times of India, cases of surrogacy already initiated or in the process will not be affected by the ban. The statement was published online by Union ministry of Health and family welfare on November 5. The statement also labeled November 4 as the cut-off date to deny permissions, visa and other facilities to foreigners seeking surrogacy in India.

The statement also said that overseas citizens of India (OCI) cannot seek surrogacy in the country. The ICMR website also put up a statement saying that the Foreigners Regional Registration Officers (FRROs)/Foreigners Registration Offices (FROs) should not grant permission to Overseas Citizens of India (OCI) card holders for surrogacy in India.

The statement has now cleared the confusion and it is clear that cases already initiated will not be affected and such cases will be allowed to complete the process to avoid any ,medical complications. Butt such cases need to approach the state health authorities for permissions and the authorities will decide such cases on a case-to-case basis.

The ban on commercial surrogacy in India has received some grim reactions. The ban was initiated to prevent the exploitation of surrogate mothers in India but many have argued that commercial surrogacy helps women in financial distress and has helped many to live a decent life. A report in The Hindu also said that surrogate mothers have appealed to the Indian Council of Medical Research to allow foreign surrogacy in India respecting the right to life and dignity of surrogate mothers.

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