State Public Health department has set up a seven member committee of experts to come up with guidelines to regulate what it calls unregulated business of surrogacy in the state. In a Government Resolution (GR) issued here yesterday the department states that the committee shall come up with guidelines on Assisted Reproductive Technology (ART), registration of ART clinics, hospitals, registration of surrogate mothers and regulation of surrogate babies and their care. The committee shall submit its report to the government within three months.
Reacting to the development, Maharashtra State Child Rights Protection Commission (MSCRPC) chairman Pravin Ghuge while welcoming the governments decision stated that there was urgent need to regulate surrogacy in the state and protect the surrogate baby, its rights and its future. He added that since there is no law in the country as of now to regulate the surrogacy clinics and hence the MSCRPC had made certain recommendations to the government. The Commission will strive to ensure that the recommendations of the committee are implemented at the earliest. Arguing that some cases of surrogacy have been disturbing and will regulate what has turned into a “business” of sorts.
The GR states that following the complaint made against Shubhangi Bhostekar, Prakash Bhostekar and five others with the MSCRPC, the Commission in turn on March 22 earlier in the year came up with all encompassing guidelines on surrogacy. Taking note of those guidelines the government has set up a experts panel to suggest guidelines to be followed till the Center passes the Regulation of Surrogacy Bill, 2016. The committee will examine the guidelines laid down by the Indian Council of Medical Research (ICMR) on ART. The committee will draft guidelines on registration of ART clinics, hospitals, registration of surrogate mothers and regulation of surrogate babies and their care, registration of the surrogate couple, the donor and setting up Grievance Cells at the divisional headquarter level.
The committee members include, Additional Chief Secretary School Education, Vandana Krushna, ACP Solapur Dr Dipali Kale, retired Dean Dr Rekha Davar, expert Sanjay Gupte, expert Dr Sadhana Patwardhan, state convenor UNAFP Dr Anuja Gulati and Additional Director Health Services (Family Welfare).
The MSCRPC in its recommendations had called for setting up Task Force at the district level comprising of Health and Home department and two representatives of prominent voluntary organisations. The government will lay down the norms for registration and set up a Authority to regulate the same.
Registration for ART Clinics or Hospitals should be made compulsory. A committee comprising of District Women and Child Development officer and District Health Officer should be set up which shall undertake counseling of the involved families and submit its report to the Child Rights Court. Only after the report is submitted to the court and approved the process of surrogacy shall commence.