Indian Doctors petition Supreme Court against ban on commercial surrogacy

The Indian Society for Assisted Reproduction (ISAR) has moved an application before the Supreme Court asking it not to quash a notification under which trading of “human embryo” is allowed. In the absence of a legislation to regulate commercial surrogacy, doctors and couples wanting surrogate children take refuge under the 2013 notification.

“There are hundreds of surrogates who have started their own small scale businesses like catering, beauty parlours, food joints and sewing coaching classes. They now own houses, their children study in English medium schools, their husbands have bought passenger rickshaws and their social status is markedly raised,” the society stated.

The petitioner claims to be a representative body of several scientists, doctors and research experts engaged in the field of assistive reproduction for childless parents. It has protested against advocate Jayashree Wad’s petition asking the court to strike down the 2013 notification.

Wad has contended that trading of human embryo under the Foreign Trade (Development and Regulations) Act is opposed to public policy, unethical and violates the principle of doctrine of reasonableness. “Embryo is a life in the miniature form and cannot be considered as goods,” Wad has contended.

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Bhadra Sinha, Hindustan Times, New Delhi – August 5, 2015