The debate over the future of the two-week-old Manji, who is currently caught in legalities arising out of her Japanese parents having separated, exposes the acute need for surrogacy laws in the country, said gynaecologists.

Surrogacy is gaining in popularity in both urban and rural areas, as the demand for treatment for infertility issues, including surrogate mothers, egg donors, IVF procedures etc, is on the rise.

“When it comes to embryos, sperms, eggs, surrogacy etc, there are a lot of legal and ethical issues involved. Unfortunately, we have no specific laws which give a clear picture of what is to be done,” said Dr Duru Shah, consultant gynaecologist, Jaslok Hospital.

“We have guidelines prepared by the union ministry of health, however, since there is no legal stamp attached to these guidelines, there is a lot of confusion,” she explained.
Dr Hrishikesh Pai, consultant gynaecologist and infertility expert, Lilavati Hospital, said, “Surrogacy is actually a treatment for infertile couples. However, in places like Anand, where Manji’s surrogate mother is from, it has turned into a medical tourism-based business.” Pai has helped several couples suffering from infertility to have a child of their own through surrogacy.

Foreigners prefer to come to India as the laws are not defined and the cost of getting a surrogate mother is far cheaper when compared to countries abroad. “Many European countries including UK do not permit ‘commercial surrogacy’; couples from such places prefer to come to India to rent a womb,” said Dr Pai.