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Friday, August 1, 2025

The Dark Side of Surrogacy in India: A Wake-Up Call

 

The Dark Side of Surrogacy in India: A Wake-Up Call

🔖 Suryavanshi IAS | Current Affairs + Ethics + Governance Blog


🏛️ Context:

In August 2024, a couple from Rajasthan approached a fertility clinic in Secunderabad, Telangana, for IVF. They were convinced by the clinic owner to choose surrogacy instead. After paying ₹30 lakh, they received a baby a year later, only to discover through DNA testing that the child was not biologically theirs. This tragic incident uncovered a much larger baby-selling racket that has exposed the dark underbelly of India's fertility and surrogacy industry.


⚠️ What Happened?

  • Victims: Sonam and Akshay from Jhunjhunu, Rajasthan

  • Clinic: Universal Srushti Fertility Centre, run by Namratha Pachipala (aka Athaluri Namratha)

  • Scam: The couple was promised surrogacy using their own sperm and egg but were handed an unrelated baby. DNA tests confirmed no genetic link.

  • Exposure: Police found at least 15 couples similarly defrauded; babies were handed over using forged documents.


🚩 How the Racket Operated:

  1. False Medical Advice: Couples were wrongly convinced to opt for surrogacy.

  2. Baby Selling: Babies from vulnerable women or abandoned infants were handed over as 'surrogacy outcomes'.

  3. Forged Reports: False medical reports and illegal documentation were used.

  4. Illegal Agents: Egg/sperm donors brought from various states, including Assam, Delhi, Andhra Pradesh.

  5. Unlicensed Operations: Facilities like "Indian Sperm Tech" operated without registration.

  6. Surrogate Exploitation: Women brought for abortions were coerced into continuing pregnancies; some not paid at all.


📖 Legal Framework

Surrogacy (Regulation) Act, 2021:

  • Only altruistic surrogacy is allowed

  • Commercial surrogacy is banned

  • Only registered clinics can conduct procedures

  • Penalties: Up to 10 years' imprisonment and ₹10 lakh fine

Assisted Reproductive Technology (ART) Regulation Act, 2021:

  • ART banks must be registered

  • Aadhaar-linked traceability for every donor sample

  • Confidentiality of donor identity is mandatory


🔗 Ethical Concerns:

❌ Violation of Autonomy:

  • Couples were misled and manipulated emotionally and financially.

❌ Exploitation of Vulnerable Women:

  • Poor, pregnant women were misused as surrogate sources.

  • Some were housed in lodges, coerced or lured with false promises.

  • At least one surrogate died while trying to escape abuse.

❌ Breach of Confidentiality and Trust:

  • Donor identity confidentiality breached; false claims of biological parentage made.

  • Improper medical storage and handling of gametes without safety protocols.

❌ Abuse of Medical Ethics:

  • Procedures were conducted without licenses or documentation.

  • Repeat offender doctor (Namratha) defied bans and resumed unethical practices.


🎓 UPSC Relevance:

GS Paper II: Governance, Laws, and Schemes

GS Paper IV: Ethics, Integrity & Aptitude

Use in Ethics Case Study:

"A couple finds out their surrogate child is not biologically theirs after a costly treatment. As an IAS officer investigating the case, how would you ensure justice for the victims and prevent recurrence?"


🔄 Way Forward:

✅ Policy Recommendations:

  • Strict audit and surveillance of ART and surrogacy clinics

  • Establish State Surrogacy Review Boards

  • Inclusion of AI-enabled tracking (e.g., RI Witness System) in all clinics

  • Crackdown on brokers and illegal agents with fast-track courts

✅ Public Awareness:

  • Campaigns to inform citizens of their rights and risks in IVF/surrogacy

✅ Ethical Oversight:

  • Medical councils must enforce lifetime bans rigorously

  • Involve NGOs and women’s rights groups in oversight mechanisms


🌟 Conclusion:

India must uphold the dignity of its citizens, protect vulnerable women, and maintain transparency in medical procedures. Surrogacy is a ray of hope for many, but without ethical governance, it becomes a tool of exploitation. The Telangana scam is not just a legal issue — it is a moral call to protect the very fabric of trust in healthcare.

“Where life begins, ethics must lead.”


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