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Delhi HC Raises Concerns Over Rising Surrogacy Trend In India, Expert Voices Advocate for Regulation

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An Indian-origin couple residing in Canada faced a roadblock in their surrogacy journey as the Delhi High Court expressed reservations about the practice. While hearing their plea challenging the ban on donor surrogacy, the court questioned the potential for a “billion-dollar industry” and its ethical implications.

Acting Chief Justice Manmohan and Justice Mini Pushkarna pointed out that previous court interventions led to stricter surrogacy regulations. They remarked, “Why should the court get into all this now? This industry need not be encouraged here. You are based in Canada. This will become a billion-dollar industry. This is not a case where we should be asking the government to do anything.”

Health Entrepreneur Views on the Surrogacy

Dr. Saarthak Bakshi, Healthcare Entrepreneur and CEO of RiSSA IVF raised the need for a comprehensive update to India’s Surrogacy Act, specifically advocating for the incorporation of donor involvement to enrich the experience for hopeful parents. The existing regulations may not adequately address the evolving landscape of assisted reproduction technologies.

Recognition of Donor Involvement

Emphasize the necessity of acknowledging and integrating the role of donors in the surrogacy process. Highlight that incorporating donor materials can significantly enhance the likelihood of successful pregnancies for prospective parents.

Freedom to Choose Donors

Advocate for revised rules that grant prospective parents the freedom to select donors based on genetic compatibility. Emphasize the importance of allowing parents to make informed decisions about the genetic makeup of their future offspring.

Enhanced Success Rates

Emphasize how the inclusion of donor genetic materials can contribute to higher success rates in assisted reproductive procedures. Provide evidence or data supporting the positive impact of donor involvement on the success of fertility treatments.

Genetic Connection for Couples

Stress the significance of allowing couples undergoing surrogacy to establish a genetic connection with their child through the selection of donors. Highlight the emotional and psychological benefits for couples who can share a genetic link with their offspring.

Progressive Step in Fertility Landscape

Position the proposed changes as a remarkable progression in India’s approach to fertility treatments. Illustrate how embracing donor surrogacy aligns with global trends and can contribute to India’s reputation as a forward-thinking nation in the field of assisted reproduction.

Hope and Happiness for Families

Conclude by emphasizing that these proposed changes have the potential to bring hope and happiness to countless families struggling with infertility.
Highlight the positive impact on the overall well-being of families and society as a whole.

In essence, your argument underscores the importance of modernizing the Surrogacy Act to accommodate advancements in reproductive technologies and provide prospective parents with more options and opportunities to fulfill their dreams of parenthood.


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