BPO, LPO and Now PPO.....?

Feeling odd to see the caption...? Well, after the post recession period new type of out sourcing business is introduced in India. PPO i,e Pregnancy Process out sourcing.

If you are taken aback again, it is not a joke but a funny truth which mocks the helplessness of our legal system. Well, I am talking about “Surrogacy” which can be easier to understand for laymen if it is termed as "wombs for rent" or "outsourced pregnancies".

The recent news about the US gay couples who became parents for a surrogate baby in Hyderabad is the another addition to the SURROGACY trade which has turned to be a booming trade and lucrative options for poor women of India who are ready to give their womb for rent . With the Delihi HC ruling that quashed the sec 377 of IPC on unnatural offences, there will be hardly any law which bars gay marriages.

And it is so strange in India where number of States consider the cow slaughter as a cognizable offence, with Karnataka is a new addition to this list, and even the events like valentine day is strictly opposed by right wing elements there is no teeth to law to regulate surrogacy and prostitution which deteriorates the dignity of women.

In India the stand of the law on surrogacy is not clear. In Baby Manji Yamada vs Union Of India &Amp; Anr decided on 29 September, 2008 the Hon’ble Supreme Court examined the issues relating to the surrogacy but did not pass any order that affects the womb renting. In this case Supreme Court defined the surrogacy in comprehensive way but restrained from discussing the negative consequences of womb renting trade.

Supreme Court observed -Surrogacy is a well known method of reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child shewill not raise but hand over to a contracted party. She may be the child'sgenetic mother (the more traditional form for surrogacy) or she may be, as agestational carrier, carry the pregnancy to delivery after having beenimplanted with an embryo. In some cases surrogacy is the only available optionfor parents who wish to have a child that is biologically related to them.
The word "surrogate", from Latin "subrogare", means"appointed to act in the place of". The intended parent(s) is the individual or couple who intends to rear the child after its birt.

In "traditional surrogacy" (also known as the Straight method) the surrogate is pregnant with her own biological child, but this child wasconceived with the intention of relinquishing the child to be raised by others;by the biological father and possibly his spouse or partner, either male or female. The child may be conceived via home artificial insemination using fresh of frozen sperm or impregnated via IUI (intrauterine insemination), or ICI (intra cervical insemination) which is performed at a fertility clinic. '
In "gestational surrogacy" (also know as the Host method) the surrogate becomes pregnant via embryo transfer with a child of which she is not the biological mother. She may have made an arrangement to relinquish it to the biological mother or father to raise, or to a parent who is themselves unrelated to the child (e. g. because the child was conceived using egg donation, germ donation or is the result of a donated embryo). The surrogate mother may be called the gestational carrier.

"Altruistic surrogacy" is a situation where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child (although usually all expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses, maternity clothing, and other related expenses).
"Commercial surrogacy" is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb and is usually resorted to by well off infertile couples who can afford the cost involved or people who save and borrow in order to complete their dream of being parents. This medical procedure is legal in several 9countries including in India where due to excellent medical infrastructure, high international demand and ready availability of poor surrogates it is reaching industry proportions. Commercial surrogacy is sometimes referred to by the emotionally charged and potentially offensive terms "wombs for rent", "outsourced pregnancies" or "baby farms".

Intended parents may arrange a surrogate pregnancy because a woman who intends to parent is infertile in such a way that she cannot carry a pregnancy to term. Examples include a woman who has had a hysterectomy, has a uterine malformation, has had recurrent pregnancy loss or has a healthy condition that makes it dangerous for her to be pregnant. A female intending parent may also be fertile and healthy, but unwilling to undergo pregnancy. Alternatively, the intended parent may be a single male or a male homosexual couples.

Surrogates may be relatives, friends, or previous strangers. Many surrogate arrangements are made through 10 agencies that help match up intended parents with women who want to be surrogates for a fee. The agencies often help manage the complex medical and legal aspects involved. Surrogacy arrangements can also be made independently. In compensated surrogacies the amount a surrogate receives varies widely from almost nothing above expenses to over $ 30,000. Careful screening is needed to assure their health as the gestational carrier incurs potential obstetrical risks.

Desperately telling we have no law governing surrogation while we enact laws for each and every thing in this country irrespective of its usefulness and potential adverse affects and abuses .In the name of surrogation lot of irregularities are being committed and money making racket is being perpetuated under the guise of womb renting. In the recent case in Hyderabad which has been mentioned in the beginning Fister and Michael and Brad Fister, a US based gay couple shelled out 60,000$ which approximately comes around 26 lakhs INR for getting a womb for rent for surrogation. But do not surprise, this entire amount never goes to the surrogate mother but major portion is grabbed by middle men. In the instant case the surrogate mother got Rs 4 lakhs and the rest of the amount swallowed by agents.

Thus ,there is an urgent call for the immediate legislation on Surrogacy to eradicate the womb trading and legalise the surrogacy only in the genuine cases where there is no commerciality rather than human values.