Incidentally, sometime back, officials of the Women and Child Development Ministry had also circulated a note on surrogacy, which talked of the need to regulate the same. Soon, at a conference where Chowdhury was present, a curtain raiser on the proposed law was presented.

According to sources, while the draft of the proposed law does talk of making it mandatory for the parents opting for surrogate motherhood to bear all medical expenses of the mother while she is carrying the baby, and also making monetary offers to her, it is silent on the rights of the unborn child.

“What happens if, once the child is born, the parents opting for surrogacy refuse to take responsibility or accept the child? This can happen in case the child is born with some serious ailment. How will the government ensure that such a thing does not happen?” asked Ajay Pal.

Sources and experts say till the government actually gets the proposed law passed, the national guidelines issued by the ICMR in 2005 to regulate surrogacy, which everybody feels are inadequate, will remain in place.

ICMR guidelines for surrogacy

• A surrogate mother can be procured through law firms or semen banks. All semen banks or law firms require accreditation. However, negotiations between the couple and the surrogate mother must be conducted independently.

• Payments of surrogate mothers should cover all genuine expenses associated with pregnancy. Documentary evidence of financial arrangement for surrogacy must be available.

• Advertisement regarding surrogacy should not be made through the Assisted Reproduction Technology (ART) clinic. The responsibility of finding a surrogate mother, through advertisements or otherwise, should rest with the couple, or a semen bank.

... contd.