Business Ethics

Group 4Nilesh Bhagat 01Dhruv Damania 04Samidha Kashettiwar 19Mallika Palande 26

Aditya Todankar 45Pritam Vaity 49

Outsourcing Pregnancy to India

Surrogacy-an arrangement in which a woman carries and delivers a child for another couple or person

• Traditional Surrogacy

• Gestational surrogacy

There’s money to be had, it’s for a short-term period and there is the satisfaction of bringing happiness to someone’s life

A right

A hopeful future

Upliftment of women

Medical Tourism

Remuneration leads to independence

Better living conditions

Trend toward “increasingly personal” global service work

• Facilitates contact with overseas doctors & hospitals and present their credentials to prospective clients

• India has the best IVF services in the world and the fact that English is widely spoken makes it easier for foreigners to avail of medical services

• At an approximate growth of 30% each year, medical tourism could bring between $1 billion and $2 billion US into India by 2012

• According to Indian Council of Medical Research commercial surrogacy will grow from being a $445 million-a-year business

Medical Tourism

IVF clinics in India

• Akanksha Infertility Clinic, Anand, Gujarat

• Dr Sada Centre For Reproduction & Assisted Conception Mothercare Hospital, Pune

• Diksha Test Tube Baby Centre, Hyderabad

• Nadkarni Hospital & Test Tube Baby Centre, Surat

• Deccan Fertility Clinic & Keyhole Surgery Centre, Mumbai

• A.H Ivf & Infertility Research Centre, Kolkatta and more …

To secure a ‘better life’ for themselves and their families

• Surrogates in India earns up to Rs. 2,00,000- 4,00,000

• For the surrogates -- usually lower middleclass housewives -- money is the primary motivator

• Money to buy a better home or even provide an education for their children

• Fulfillment of distant dreams

Financial

Empowerment

The act of becoming a mother (surrogate mother), is not only a self-sacrificing but truly a brave decision

• The act of giving life, a reason to live, making dreams possible for childless couples

• Gift of compassion, patience and love from one woman to another

Act of Kindness

Aamir-Kiran Baby Spotlights Surrogacy Issues in India

• Amir Khan and Kiran Rao’s seven-day-old baby boy born through IVF (In Vitro Fertilization) surrogacy.

• Aamir has done a great job bringing the procedure into the mainstream.

• The couple is also getting a thumbs up from the film fraternity

What is wrong in Surrogacy??...

Lack of legal protection

Dark Future

Unregulated

Exploitative

Shifting Focus

Health Issues

A Human incubator on Hire

• The surrogate mother is treated as a biological commodity, as a place to gestate a child for money

•The surrogates are recruited from rural villages, with most recruits being poor and illiterate

• Practice of “selective reduction” - killing of one or more multiple foetuses in the womb

• Some surrogates are pressured into it by their families

• Quality control of the woman and her uterus

Exploitation

The Unbalancing Act• Surrogate mothers are first and foremost mothers to their own children

• Leave home for the duration of the pregnancy and live in a hostel run by the surrogacy agency.

• No good reason for the surrogate mother to have to abandon her family and move far away from her family for almost 9 months.

• No balance between a surrogate mother as a mother and a surrogate mother helping another couple

• Rights of their own children to the society of their mother compromised.

Business in reproductive tourism is thriving in India, growing at some 7% annually

• Surrogate mothers need to sign a “contract” with the childless couple. There are no stipulations as to what will happen if this “contract’ is violated

•While an American surrogate would get 50-75% of the total fees, and Indian surrogate receives only 25%

• Young vulnerable girls from orphanages were ‘hired out’ for surrogacy and the surrogate mothers themselves never got any money

• Over 1000 clinics offering fertility services to couples from all over the world traveling to India

Unregulated

• Who will take the responsibility of the child if the commissioning parents refuse to take the former due to abnormalities?

• What happens if the surrogate mother changes her mind & refuses to hand over the baby or blackmails for custody?

•Will the child born to an Indian mother be a citizen of this country?

Baby Manji: A stateless surrogate baby

• Japanese baby Manji Yamada, born to an Indian surrogate mother

• The Japanese embassy in Delhi refused to issue a passport

• The father, accompanied by his mother Emiko, travelled to Ahmadabad and took custody of the child

• Jaipur-based NGO, Satya, moved Rajasthan High Court on August 12 claiming the grandmother’s custody of the baby was illegal

India accounted for 19% of the estimated 287,000 women who died in pregnancy and childbirth in 2010, according to the United Nations

• Forced to deliver by C-section even though C-sections carry a double to quadruple risk of death during childbirth

• Repeated pregnancies can even affect cardiovascular health

• Short-term effects - fatigue and vomiting to the swelling of joints

• Long term effects - from scarring, varicose veins to loose skin

• Psychological distress

Health Issues

Biological Colonialism Kills

• Renting out her womb to a US couple cost Amraiwadi resident Premila Vaghela her life

• Premila Vaghela died in the eighth month of her pregnancy

• Doctors conducted an emergency Caesarean and saved the baby boy

• There was almost no coverage of Premila’s death in the United States

Government’s initiatives

• 2002- Commercial surrogacy in India legalized

• 2005 –Introduction and implementation of National Guidelines for Accreditation, Supervision and Regulation of Assisted Reproductive Technology (ART) Clinic in India by the ICMR, MoHFW, Government of India

• June25,2008–Meeting-cum-workshop called by the MoWCD, Government of India

• December 2010-Introduction of Draft ART Bill

• However, till date there is no such laws to protect the rights and interests of the surrogate mother, the child or the commissioning parents

Recommendations

• Right-based legal framework for the surrogate mothers, ICMR guidelines not enough

• The surrogate mother should not undergo more than 3 trials and it has to be monitored

• Surrogate mother left without any medical support- should be a provision of intensive care and medical check-ups of their reproductive organs during the 3 months after pregnancy

• The citizenship right of the surrogate baby- Indian government needs to take a stand in terms of conferring the surrogate baby Indian citizenship

• The government needs to monitor the surrogacy clinics, which generally charge arbitrary prices for surrogacy arrangements