On Sunday, fans were taken by surprise after one of the Tamil film industry’s most loved couples Nayanthara and Vignesh Shivan announced they have welcomed twins. They shared pictures of their little ones and revealed that they’ve welcomed two boys. While fans celebrated the big news, questions about surrogacy were raised.
Although fans are convinced that the couple had their child via surrogacy, the couple is yet to address these claims. If the couple has welcomed the children via surrogacy, this wouldn’t be the first time that an Indian star has welcomed a baby via surrogacy. Here’s a look at the celebs who became parents via surrogacy.
Farah Khan – Shirish Kunder (IVF- 2008)
Aamir Khan – Kiran Rao (IVF- 2011)
Sohail Khan – Seema Khan (2011)
Shah Rukh Khan – Gauri Khan (2013)
Lakshmi Manchu – Andy Srinivasan (2014)
Karan Johar (2017)
Sunny Leone – Daniel Weber (2018)
Shilpa Shetty – Raj Kundra (2020)
Preity Zinta – Gene Goodenough (2021)
Priyanka Chopra – Nick Jonas (January 2022)
Nayanthara – Vignesh Shivan (October 2022)
But what is Surrogacy?
Methodologies are constantly being developed that aid people all around the world in this era of evolving medical research and doctors looking for solutions to every issue. Surrogacy is one such remarkable technological advancement that has recently gained enormous popularity.
Under surrogacy, a woman bears a child for a prospective couple with the goal of giving the baby to them after birth. Only those with noble intentions or couples who have documented infertility or sickness are allowed to use it. Commercial use of surrogates, including their sale, prostitution, or any other type of exploitation, is not banned in India. In addition, once the child is born, that baby will be legally recognized as the couple’s biological child. Such a fetus may only be aborted with the surrogate mother’s and the authorities’ approval and in accordance with the Medical Termination of Pregnancy Act rules.
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Types of Surrogacy:
Generally, Surrogacy involves two types– Gestational Surrogacy and Traditional Surrogacy.
The Traditional method of Surrogacy involves using the father’s sperm to artificially inseminate the surrogate mother. Since the embryo was created in the specific surrogate’s ovum in this traditional surrogacy procedure, the surrogate mother is regarded as the child’s biological mother; occasionally, parents also select other sperm donors to fertilize the surrogate’s eggs.
In Gestational Surrogacy, the mother’s eggs are taken and the father’s sperm are taken. This indicates that the surrogate mother and the child are not biologically connected as both are descended from legal parents.
Surrogacy Bill:
The Surrogacy (Regulation) Bill was first presented in the Lok Sabha on July 15, 2019, and it was then forwarded to a committee. On February 5, 2020, the report was presented to the standing committee following a comprehensive amendment of the Bill. Later, the Bill was approved by both chambers of Parliament during the winter session of 2021. The President gave his signature to it, and it became effective in January this year.
Who is eligible to access Surrogacy?
According to the Act, a couple must get certificates of eligibility and necessity in order to become parents through surrogacy. If a couple has been married for five years, the wife is between the ages of 25 and 50, and the husband is between the ages of 26 and 55, they are considered to be eligible. Subsequently, there cannot be any surviving children for the marriage (own, adopted, or surrogate). Children with physical or mental disabilities, as well as those with illnesses or disorders that pose a serious risk to their lives, are excused from the aforementioned requirement.
If one or both partners have proven infertility, the pair may be eligible for an ‘essential’ certificate from the District Medical Board as well as a Magistrate court establishing parentage and custody of the surrogate child. They must also have insurance that will cover any difficulties that may arise after childbirth for the surrogate mother for a period of 16 months.
Altruistic Surrogacy vs Commercial Surrogacy:
According to female infertility specialist Jayarani Kamaraj, “To streamline the data in Surrogacy, the government had brought in the laws. As Altruistic surrogacy is allowed in many places, we stopped doing Commercial Surrogacy even before the Bill has been passed. Surrogacy is not the solution for just aging changes but it is only for the people who don’t have a uterus, who don’t carry the pregnancy for medical reasons, people with a risk of cancer, or who cannot hold the fetus in the uterus and repeated IVF failure. However, just for ‘Image’ concerns, Surrogacy is not a valid reason."
Further, she stated that as women are getting exploited, the government had brought a ban on Commercial Surrogacy. The people who are affordable are exploiting the poor and downtrodden women, those victims who don’t have enough resources are being treated with exploitation in the name of Commercial Surrogacy.
However, countries like Israel, USSR, and Ukraine still have commercial surrogacy, but they have strict laws and regulations to guide it. Thus, this becomes a boon for both beneficiaries and the surrogate mother, the doctor claimed.
“We generally encourage Altruistic surrogacy. Altruistic surrogacy refers to those surrogacy agreements where the surrogate does not receive monetary compensation, eventually, the surrogate is a close relation to the Intended Parents," Dr. Jayarani said.
Are medical concerns related to the banning of Surrogacy in India?
Dr. Jayarani said, “Many of the lower socio-economic women offer to be surrogates, and their health is being exploited. In states like Gujarat, they are can be seen as a ‘baby factory,’ thus leading to health and nutrition-related concerns where their standard of living will be very low. Due to these complicated factors and being a Surrogate just for meager money, they have lost most of their physical and mental health, after which the government had brought a ban on Commercial Surrogacy."
“However, owing to the ban on commercial surrogacy, the ‘needed’ people are facing challenges, as not all can come forward for Altruistic surrogacy. According to reports, 1 in 10,000 women do not possess uteruses, making surrogacy their sole option for childbirth if they do not have a close relative (Altruistic Surrogate). Therefore, this leads to ‘illegal’ commercial surrogacy, which has a greater impact on real needy people. The government believes that the laws are generally correct, yet certain necessary individuals look for a remedy," she added.
“Although some nations have started doing uterus transplants, it is unclear how much safer it is and whether the mother would experience any long-term side effects. Therefore, there is a need for commercial surrogacy with strict and stringent rules with more rigid requirements for individuals who truly need them,’ the doctor claimed.
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