Baby ban: how India’s strict new surrogacy law is practically prohibition
- Commercial surrogacy has grown into a multibillion dollar industry, largely lacking regulation, since its legalisation in 2002
- But a new bill aimed at protecting women and ensuring children’s rights has been derided by critics as a ‘near-ban’
In India, commercial surrogacy is big business. A surrogate mother can earn anywhere between 400,000 and 1.2 million rupees (US$5,628-16,885) per birth, depending on the clinic she attends and its location, while the industry as a whole is worth billions of US dollars.
For women like Vandana, a 32-year-old from Gujarat who has two children of her own, surrogacy provides an annual income several times higher than what she previously earned as a domestic worker.
Yet strict new legislation passed last month by the lower house of India’s parliament, the Lok Sabha, aims to put an end to such lucrative work.
The bill, which has yet to be approved by the legislature’s upper house, only allows surrogacy for altruistic purposes. It makes no mention of what should happen to surrogate mothers who are already pregnant.
“I have no house of my own and no money for my children’s education,” said Vandana, whose medical expenses, insurance and accommodation costs were all covered by the prospective parents.
“My husband and family are happy as it brings [in] substantial money. I’ve even recommended my other family members to take up this option. Plus, I’m quite happy that I [can] lend a hand to someone to complete their own family.”