In recent years, strict regulations have been put in place to curb commercial surrogacy. Amid these changes, human trafficking cases emerged where poor girls were forced into surrogacy. Although such news is rare now, many things are still brewing beneath the surface. In the previous part, we read about how wealthy clients find or choose a surrogate (
). In this installment, let's understand what it means to be a surrogate.
Before presenting myself in the underground surrogacy market, I wanted to do some homework.
A person helping me said, 'They come out of desperation. Initially, it's all about the money. But as the months pile up, they change. They'll touch their belly repeatedly. Cry over ultrasound reports. Twice, surrogates even offered to return the money just to see the child once, the money that was supposed to raise their real children.'
I got to speak with a surrogate from Uttarakhand.
A mother of a 6-year-old daughter says, ‘We were buried under debt when my husband suggested surrogacy. 'You won't have to do anything. Stay comfortably at home, eat well, and earn a lot of money. I'll bring our daughter to meet you now and then.'
Then! Did you sign any contract with those parents?
I don't know, some informal document was prepared, and within a week, I was in a city hospital. A private hospital. The floor was mopped before our footprints could dry. Quietness was mandatory; even those who appeared healthy were on wheelchairs.
Our room was separate. A lady (agent) with me got all the tests done. Then I was sent to a house with other women like me. For 15 days, I stayed completely bedridden. There was food, water. I wasn’t allowed to see my daughter to avoid emotional breakdowns. I’m 28 now. I had never seen anything like this. In our place, children are born while working in the fields or drawing water.
Source: aajtak
After the test reports, the agent gave me chocolate and sent me to a surrogacy home. This became my home for the next nine-and-a-half or ten months.
Delhi. A city I had never imagined, and here I was, giving birth to a child, leaving behind the one who cried for me daily. My husband fulfilled his promise to bring her twice, but the surrogacy home owner scolded him. ‘If anything happens to the baby, all efforts will be wasted!'
Then at an ultrasound, the real parents came. They cried upon hearing the baby’s heartbeat. I lay there silently, reminding myself that this was their child.
When I returned home, the owner had a private meeting with me. She explained, 'You are a pot holding someone else's water. You’ll be paid for it.’ I nodded. The heartbeat I heard in the ultrasound grew fainter.
But as the pregnancy progressed, so did my attachment. The woman with a weary voice said, 'When there was movement in my belly, my hand would instinctively caress it. On the way to the hospital, I prayed to Golu Devta (local deity).'
Upon gaining consciousness, I asked the nurse standing beside me, 'How is the baby? Is it a girl or a boy?’ There was no cradle near me, no small body beside my bed.
Without answering, she continued with the drip. To this day, I don't know where the baby is or how it is. I have no name or address. The few lakhs we received, my husband mostly spent on his drinking rather than repaying the debt.
After this conversation, I became a surrogate myself, looking for intended parents on social media. I contacted a man claiming to be from Punjab through WhatsApp and phone calls.
Source: aajtak
Can I become a surrogate? I saw your message on Facebook. Are you an agent or a parent?
Not an agent. My wife and I want a child.
Can you send your profile and what do you expect from us?
I just turned 27 last month. I’m a mother and in need of a lump sum, but no agent. I want to directly deal with parents.
Alright, but you’ll have to stay in Punjab, near us. We’ll cover your living, food, and medical expenses.
What else will you pay for, sir?
How much do you expect? The amount isn't an issue for us.
Fifteen lakhs if you handle all other expenses.
Ok, but it'd be better if we discussed it over a call. It would clear all points. You’ll initially have to visit Dubai with us for IVF.
Our conversation continued over WhatsApp calls...
Source: aajtak
Sir, you mentioned going to Dubai for surrogacy. Why?
Yes. It could be done in India but we want family balancing. I already have two daughters. We need a son now, and my wife's pregnancy has become risky, so we'll handle it in Dubai.
So, it’s assured that the gender will be determined in Dubai?
I’ve already spoken to a reputed hospital there. The doctor is very good. She'll explain everything when we meet.
Will it cause any health complications for me?
No, it'll be a normal IVF procedure. Everything will be done in the lab beforehand. We’ll return in 10-15 days. Just speak to my wife once.
Alright. But I have one concern, sir. I’m non-Punjabi and vegetarian. You won’t impose any diet restrictions later, will you?
No, no. As long as you're medically fit, there's no need. Vegetarians also have healthy babies. Don’t worry about it.
I also spoke with his wife. Right from the start, she insisted that I move to Punjab, assuring, 'We have a flat near our home. Stay there. My maid will assist you 24/7. I’ll check on you two-three times a week.’
But I have a child. How will I leave her for so long?
Then bring her along. She can stay with you. But remember, she can’t accompany to Dubai. We’ll be alone there.
During discussions with agents, I received several documents, which, though superficial, indicated an agreement between the parties. No direct mention of money.
Source: aajtak
How will the paperwork be handled, ma'am?
My husband will take care of that.
But you already have two daughters. Isn’t surrogacy illegal for you?
After a few seconds of silence on the phone, a voice comes, ‘I didn't know that. Talk to my husband about it. He knows everything. Even the lawyers and hospital are familiar.'
By the way, send your profile once. Are you on Insta?
No. I’m not active on any social media platforms. I’ll send my biodata with a photo.
For these parents who could manage living, food, and medical expenses plus the agreed amount, the surrogate is indeed a carrier, as the Gurgaon doctor said, or a water-filled pot, as the surrogacy home owner would explain.
To clarify, gender or family balancing refers to a technique where parents with one gender already may want the other gender. Due to the ban on prenatal gender testing in India stemming from female foeticide, people seek such services in Dubai or Thailand, where sperm and egg are combined in labs for desired results.
Dubai is a hotspot for Indians. Many hospital websites claim international intended parents can get quick treatments without queues.
Source: aajtak
Sir, I had two questions for your wife. Could you clarify them for me? How much and in what manner will the money be given? Second, I have a child. How can I leave her and come?
Bring her along. After the initial three months, we’ll be mostly abroad (Dubai). Keep your child with you. We’ll give the money in three installments. All in cash.
His wife, probably on speakerphone, adds, ‘We’ll also give gifts, anything you want.'
Ignoring that, I ask, ‘What about the legal aspect? I prefer to stay away from it.'
We’ll sign an MoU…
But if it’s illegal, how can we sign an MoU?
There could be superficial paperwork. The lawyer will handle it. It’s about ensuring neither of us faces any harm. Listen, ma'am, we wanted an educated surrogate. After all, the baby will be with her for nine months. You understand, right?
Source: aajtak
Medical students are also becoming suppliers...
While investigating surrogacy, I met an agent who is an MBBS final year student. He initially maintained a professional demeanor and called me to meet near Hauz Khas but then opened up. The questioning reversed.
You seem educated. Why are you thinking of doing this?
It's out of desperation. I need a large sum of money urgently.
I understand. I’m doing this out of compulsion too. I’m an MBBS student. My family has invested a lot of money. Staying in Delhi incurs other expenses.
How did you find out that connecting surrogates can fetch you money?
We observe in hospitals. Though I seldom visit the gynecology department, the nurses inform us. So, I thought, why not try it. Before this, I have donated sperm multiple times. We students do it for pocket money.
How many cases have you handled so far?
This would be the third one if it works out. There's a big risk in this, ma'am. Surrogates deceive. One took all the tests and disappeared after taking the token amount. My client is angry with me. Often surrogates insist on living as they wish, which leads to miscarriages, a loss for us.
Why do miscarriages happen? Being from the medical field, can’t you guide them?
I’m not a full-time agent. I do this part-time, so I can’t monitor them closely. Surrogates eat and drink anything. When told to rest, they go sightseeing. That’s when it happens.
Source: aajtak
Didn’t you have an ID or number for the one who fled with the advance? It was clear by now that this was just a kid with an amateur voice, student or not.
Those are fake. How can I trust you're telling the truth, or why should you trust me? There’s risk on both sides. We trust for money and break trust for money too.
Alright, sir. Give me some time. I’ll discuss with my husband and call you.
Fine, but inform soon. We have a good client. Don’t be late.
In summary, there's an entire system working to undermine the Surrogacy Act. We sought legal insights.
Chhattisgarh High Court Advocate Ishan Jha says, 'Commercial surrogacy is completely banned under the Surrogacy Act. Those needing a surrogate mother must get a written recommendation from a medical expert. The same applies to surrogates, who need medical certification stating they’re fit for surrogacy and are not receiving money or rewards for it.'
This application must be submitted to a Judicial Magistrate. After a basic inquiry, an order will be passed. The intended parents then go to an IVF registered clinic and proceed.
Source: aajtak
The act prescribes a 10-year jail term or/and a 10 lakh fine for those conducting commercial surrogacy, but cases seldom come to light. The act lacks specific powers for the magistrate to thoroughly investigate. Parents and surrogates both claim familiarity. Standard responses are provided, usually leading to approval.
The magistrate lacks the authority to conduct background checks on whether both parties actually know each other.
Now, regarding the child's birth certificate, there's a workaround. Post-delivery at a hospital, a slip stating the child's birth details on a specific date is given. This slip is taken to the municipality for a birth certificate, without the parents being present.
If shown as a home delivery, common in villages, a certificate can be issued based on a written statement from the local councilor. This too lacks a cross-checking system.
(In this feature from aajtak.in, we've read about how the surrogacy market in Delhi and NCR is thriving, involving couples seeking surrogates, women becoming surrogates, agents finding surrogates, and hospitals facilitating surrogacy, all in active mode. Tomorrow, read the story of a woman who went to sell her eggs but ended up running a surrogacy center.)
