Approximately 500 surrogate mothers from all over the country had made a representation to the ICMR 8 months ago the contents are below. They received no response at all for this representation neither have they been told what was done with the representation.
Surrogate mothers then in person approached the ICMR and they were turned away stating that no one is ready to meet with them. It is shocking to hear that authorities there have not had a single meeting with any surrogate mother before taking out overnight circulars to "protect" them.
Surrogate mothers have even approached the National Commission of women where they had a sympathetic hearing with the local staff but due to other engagements of NCW they have not been able to secure any meeting with the people who are making decisions in NCW.
When they approached the Hon Supreme Court the Hon Judge agreed to hear them out however the counsel for Union of India immediately objected so they were not able to even intervene there
If truly the interest in the new Circular for Surrogacy is to protect these women surely they would have been allowed to represent themselves?
Where is the question of protecting these women when at every turn they are being blocked and not allowed to speak.
The New Circular for Surrogacy banning foreign surrogacy in India is diverting patients to foreign countries who are only too happy to contribute to the NGOs who are helping with painting the entire industry negatively. Instead of a knee jerk reaction the actual cases of exploitation if any should be looked into and confirmed by an independent authority. And it goes without saying that imposing Beauraucrats own will / dictatorship is not what Indian women expect from the current Government.
Advocate Radhika Thapar and Advocate Vishnu Sharma who have been very closely involved with surrogacy for years have taken up their cause in the Supreme Court
Sh.R. S Sharma
Indian Council for Medical Research ( ICMR)
RE: Public Interest Litigation against commercial Surrogacy filed at the Supreme court of India.
We , the undersigned are few surrogate mothers. Some of us have become surrogate mothers in the past , some of us are pregnant surrogate mothers and some of us are prospective surrogate mothers. All of us have entered into commercial surrogacy arrangement with the childless couples. Off lately a lot has been said about surrogacy and about surrogate mothers. Surrogacy is portrayed in a bad light by taking plea of the exploitation of surrogate mothers.
Recently, we have got to know that Public Interest Litigation (PIL) is filed in the Supreme Court of India thereby seeking Judicial Intervention to ban “commercial Surrogacy”. In the PIL , the petitioner has stated that this amounted to Violation of Right to Life and Liberty as every pregnancy has an element of risk.
Sir, in our humble submission, we would like to make an elaborate representation before your goodself and the supreme court of India. We wish to be impleaded as party to the PIL to protect our rights and Interests.
We, have the very objection that Surrogate Motherhood is shown in bad light. Commercial Surrogacy does not mean we are selling babies. If Pregnancy brings element of risk then no woman should be asked to become pregnant even naturally. So much so, even the abortions should happen without the consent of husband , as it is a violation of right to life and liberty. The very nature of surrogacy agreement be it Gestational Surrogacy ( which is only allowed in India) stated that surrogate mother is only a carrier and not the legal mother/parent. So, be it commercial or altruistic , it will not make any difference. Each and every surrogacy is happening within the medical supervision and care of the clinics and doctors. Commercial Surrogacy, is not bringing a life changing amounts for us surrogates. The intended Parents make us feel like angels and love us a lot even after the birth of the child, whenever they visit India , they meet us and get gifts for our own children to show their gratitude towards our services.
Our services have been uniting the world, every part of the world i.e., from wherever the parents have come to have babies in India through surrogacy are thankful to India and cheer for India. So many Americans, Australians , britishers, love us more and want their child to grow up also the Indian way as the surrogate was from India. They have started celebrating Indian festivals, and wearing Indian Dresses.
We have no shame or fear to become a Surrogate. Is a society still so shallow and fake that the educated masses take surrogacy with shame and commercial surrogacy as an allurement. By becoming Surrogates, we have done such an act of pride and helped several childless couples to become parents and brought many human lives to this earth, which would have never been possible otherwise. By commercial Surrogacy, we are charging fee for our Surrogacy services. We have the right to decide for the compensation for ourselves as it is also our ‘right to life and liberty’. We are proud to be the part of “Surrogacy Walk” and created a world record as it is registered in the “LIMCA BOOK OF RECORD”.
Sir, ICMR being our parent body we request your goodself to make us available the copy of the Public Interest Litigation (PIL) , so that we can make a detailed representation to your goodself and Supreme court of India to protect our rights and interests .
Motherhood ko chaihiye saman , na kijiye uska apman.