LAWYERS and doctors involved in India's giant fertility industry have warned couples hoping to pursue surrogacy there that the process is risky because there is no comprehensive law.
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Surrogacy in India is regulated by guidelines issued by the Indian Council of Medical Research, and many industry participants say these guidelines have been left behind by the rapidly expanding industry.
The Herald revealed on Saturday that about 30 Australian couples are pursuing surrogacy in India.
A new surrogacy law is being drafted in India, but those involved say it may not be passed for some time.
Priya Hingorani, a prominent Delhi-based lawyer who is part of a ministerial committee reviewing a proposed law on surrogacy, says the absence of a law means couples wanting to use surrogates in India may be vulnerable.
"They are taking a risk because some of the documents that they sign ensuring that the mother will hand over the child might not be deemed legal by the courts," she said. "They need to be very careful."
She cited the case of a Canadian couple who paid an Indian surrogate who refused to give up the child. The case is now before a Delhi court.
Dr Anand Kumar, who runs a fertility clinic and is a member of the expert committee drafting the new law, said tighter regulations are needed urgently.
"It's a bit of a free-for-all at the moment and everyone seems to be doing what they wish," he said.
"There is a possibility of new technologies being misused and there is cause for concern."
Many women's groups in India have expressed their concern about the surrogacy system, saying that it leaves mothers and babies vulnerable to exploitation.
However, Dr Kumar could not say when the proposed bill would be passed.
Ms Hingorani said it was possible that the new law would introduce restrictions that could affect foreigners hoping to use surrogate mothers in India.
"I think it is going to be more difficult [after the law is passed]," she said.
India's booming surrogacy industry is estimated to be worth more than $500 million a year. The National Commission for Women says there are about 3000 clinics offering surrogacy services across India. There were cases where some surrogate mothers received as little as 25,000 rupees ($760), the commission said.
