1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COMMERCIAL
SURROGACY
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
Shelley E.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

2. INTRODUCTION
CHENNAI
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
•
Surrogacy is an arrangement in which a woman carries and
delivers a child for another couple or person.
•
The surrogate may be the child's genetic mother (called
traditional surrogacy), or she may be genetically unrelated to
the child (called gestational surrogacy).
•
In a traditional surrogacy, the child may be conceived via home
natural or artificial insemination using fresh or frozen sperm or
impregnated
via IUI (intrauterine
insemination),
or ICI (intracervical insemination) performed at a health clinic..
•
3rd Floor, ‘Creative Enclave’,
A gestational surrogacy requires the transfer of a previously
created embryo, and for this reason the process always takes
place in a clinical setting..

3. COMMERCIAL SURROGACY
CHENNAI
3rd Floor, ‘Creative Enclave’,
•
The intended parent or parents who arrange for a surrogate
pregnancy are called social parents.
•
Commisioning Parent/ Parents are those who provide egg or
sperm.
COIMBATORE
•
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
Donor Sperm or egg may also be used.
•
Monetary compensation may or may not be involved in
surrogacy arrangements.
•
If the surrogate receives compensation beyond the
reimbursement of medical and other reasonable expenses, the
arrangement is called commercial surrogacy.
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

4. FERTILITY TOURISM
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
•
•
•
•
•
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
•
India is a main destination for surrogacy.
In India, surrogacy started in small township of Anand , South
Gujrat which has now emerged as a major center of surrogacy.
Indian surrogates have been increasingly popular with fertile
couples in industrialized nations because of the relatively low
cost.
Indian clinics are at the same time becoming more competitive,
not just in the pricing, but in the hiring and retention of Indian
females as surrogates.
In 2008, the Supreme Court of India in the Manji's case
(Japanese Baby) has held that commercial surrogacy is
permitted in India.
All these have prompted for the introduction of ‘Assisted
Reproductive Technology Bill’ by the Union Government
aiming to regulate the surrogacy business.

5. Indian Council for Medical
Research guidelines
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
•
The Indian Council for Medical Research has given Guidelines
in the year 2005 regulating Assisted Reproductive Technology
procedures.
– Surrogacy arrangement will continue to be governed by
contract amongst parties. Such arrangements should not be
for commercial purposes.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
– A surrogacy arrangement should provide for financial
support for surrogate child in the event of death of the
commissioning couple or individual before delivery of the
child, or divorce between the intended parents and
subsequent willingness of none to take delivery of the child.
– A surrogacy contract should necessarily take care of life
insurance cover for surrogate mother.

6. Cntd…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
– One of the intended parents should be a donor as well. In case the
intended parent is single, he or she should be a donor to be able to
have a surrogate child.
– Otherwise, adoption is the way to have a child which is resorted to
if biological (natural) parents and adoptive parents are different.
– Legislation itself should recognize a surrogate child to be the
legitimate child of the commissioning parent(s) without there being
any need for adoption or even declaration of guardian.
– The birth certificate of the surrogate child should contain the
name(s) of the commissioning parent(s) only.
– Right to privacy of donor as well as surrogate mother should be
protected.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
– Sex-selective surrogacy should be prohibited.
– Cases of abortions should be governed by the Medical Termination
of Pregnancy Act 1971 only

7. CASE STUDY
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BABY MANJI YAMADA CASE:
•
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
•
•
•
•
•
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Japanese couple Ikufumi and Yuki Yamada traveled to India in late
2007 to discuss with fertility specialist Dr. Nayna Patel their desire to
hire a surrogate mother to bear a child for them.
The doctor arranged a surrogacy contract with Pritiben Mehta, a
married Indian woman with children.
Dr. Patel supervised the creation of an embryo from Ikufumi
Yamada’s sperm and an egg harvested from annonymous Indian
woman. The embryo was then implanted into Mehta’s womb.
In June 2008, the Yamadas divorced, and a month later Baby Manji
was born to the surrogate mother.
Although Ikufami wanted to raise the child, his ex-wife did not.
Suddenly, Baby Manji had three mothers—the intended mother who
had contracted for the surrogacy, the egg donor, and the gestational
surrogate—yet legally she had none.

8. Cntd..
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
• The surrogacy contract did not cover a situation such as this. Nor
did any existing laws help to clarify the matter.
• Both the parentage and the nationality of Baby Manji were
impossible to determine under existing definitions of family and
citizenship under Indian and Japanese law.
• The situation soon grew into a legal and diplomatic crisis.
• The case of Baby Manji illustrates the complexity and challenges
faced by institutions in the face of emerging technologies
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

9. Cntd…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Determining Baby Manji’s Identity, Family & Nationality:
• The Japanese Civil Code recognizes as the mother only the
woman who gives birth to a baby. The code does not
recognize surrogate children.
• In this case, the woman who birthed Manji
• was Indian, not Japanese, which meant Manji was not entitled
to a Japanese passport.
• Even though Yamada was her genetic father, it looked as
though he would have to adopt Manji. Because Indian laws
don’t address commercial surrogacy, the genetic parents of
babies born via surrogacy are required to adopt them.
• Again Yamada hit a legal snag: A 120-year-old law (Guardians
and Wards Act 1890) does not allow single men to adopt baby
girls.

10. Cntd..
CHENNAI
3rd Floor, ‘Creative Enclave’,
•
Yamada then tried to file for an Indian passport for Manji, a document
that requires a birth certificate before it can be issued. According to
Indian law, a birth certificate requires the names of both mother and
father.
•
Although Akanksha Infertility Clinic certified that Yamada was Manji’s
genetic father, the vital records registrar was uncertain which mother
should appear on the document: Yuki Yamada, Pritiben Mehta, or the
anonymous egg donor.
•
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
On these grounds, the Municipal Council of Anand refused to grant
Manji a birth certificate and referred the case to the national level for
advice. Since Yamada is not Indian, and it was unclear whether Manji’s
mother should be considered Indian, national offices also refused to
issue a passport.
•
On Appeal, the Anand municipality issued a birth certifi cate to Manji
Yamada stating only her father’s name.
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

11. Cntd…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
A Local NGO Accuses Dr. Patel of Child Trafficking:
•
Satya, a Jaipur-based social justice and child welfare organization filed a
habeas corpus petition with the Rajasthan High Court. The petition
claimed that Manji was a victim of a “child-trafficking racket” organized
by Dr. Patel through her for-profit infertility clinic.
•
The petition stated that in the absence of such laws, which would clarify
who Manji’s parents really are, Yamada should not be allowed to claim
custody of Manji and sought custody of the child for Satya on the
grounds that she had been abandoned.
•
India’s Supreme Court stayed the request for Manji’s appearance in
court, dismissed Satya’s accusations that the baby had been abandoned,
and granted temporary custody to her grandmother.
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

12. Cntd…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
The (Partial, Temporary) Resolution:
•
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
•
COIMBATORE
•
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
•
•
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The Rajasthan regional passport office issued Manji an identity
certificate as part of a transit document, paving the way for a travel.
It was the first such identity certificate issued by the Indian
government to a surrogate child born in India.
The certificate did not mention nationality, mother’s name or religion,
and it was valid only for Japan, according to the passport office.
The Japanese Embassy issued the three-month-old a one-year visa on
humanitarian grounds.
Japanese authorities stated at that time that Manji could become a
Japanese citizen “once a parent-child relationship has been
established, either by the man recognizing his paternity or through
his adopting her

13. Assisted Reproductive
Technologies (ART)
CHENNAI
3rd Floor, ‘Creative Enclave’,
•
The ART Bill lays down guidelines for assisted pregnancies and
management of gamete banks, delinking ART clinics from the banks
which provide sperm and ovum for a couple in need of either.
•
It sets minimum standards for ART clinics and also lays down the
maximum number of times a woman may become a surrogate mother or
a man can donate sperms.
•
Though the Bill acknowledges the importance and significance of ethical
practices in the context of ART services, in the present form, it
is inadequate in protecting and safeguarding the rights and health of
women going for IVF techniques, recruited as surrogates and
children born through commercial surrogacy.
•
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
Women’s health activists have asked the Centre not to rush into finalising
the ‘Assisted Reproductive Technologies (Regulation) Bill, 2013’ and,
instead, hold wider deliberations with women’s rights organisations, queer
rights, human rights and legal rights organisations across the country.
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

14. Cntd..
CHENNAI
3rd Floor, ‘Creative Enclave’,
•
No pre-natal testing, sex-selection, foetal reduction or abortion should
be done without the permission of the surrogate by the intended
parents. Moreover, the intended parents cannot demand or force her to
follow a particular diet, religious rituals or lifestyle during pregnancy.
•
The pattern of payment to surrogates must be clearly stated in the Bill
and should be in the best interests of the surrogate. The present Draft
Rules on payment is exceedingly imbalanced and unfavourable towards
the surrogate.
•
Home Ministry's resistance to allow gay couples from abroad to avail
ART services here has been a matter of contention for long and ICMR
had astutely left the matter to the Supreme Court's call on the plea for
reading down Section 377 IPC to exclude consensual gay relations.
•
With the apex court's negative verdict on the matter, sources say gates
are likely to remain closed for homosexual couples whether from India
or abroad till the court revises its decision.
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

15. CONCLUSION
CHENNAI
•
The Indian public, led by the sizable and dynamic independent NGO
sector in India, is engaged in a far reaching debate about whether
commercial surrogacy is a good idea at all.
•
People have started to weigh in on the ethical issues raised by
commercial surrogacy and fertility tourism.
•
Everything that is medically possible should not necessarily be legally
permissible.
•
Law is an instrument of social engineering and must be developed with
consideration for all sections of society, especially those that are more
vulnerable and marginalized, to prevent any kind of exploitation.
•
3rd Floor, ‘Creative Enclave’,
The moral issues associated with surrogacy are complex and unsolved.
This includes the criticism that surrogacy leads to commoditization of
the child
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com