Reproductive Tourism Soars in India

Across India, the tale of baby Manhji has made headlines and gripped the nation's attention. Born to a Japanese father and surrogate Indian mother, the two month old is caught in legal limbo. In a way, she has three mothers but none who will raise her, and she cannot return to Japan with her father due to complications of Indian law.

The saga began when Japanese citizens Dr. Ikufumi and Yuki Yamada were unable to conceive a child of their own. They obtained an egg from an anonymous donor and then travelled to India to locate a surrogate mother. In November 2007, the fertilized embryo was implanted into Pritiben of Ahmedabad, and the Yamadas began the nine month wait for their child.

The couple's dream of completing their happy family was dashed when Ikufumi and Yuki divorced just one month before Manjhi's birth. Apparently wanting a complete separation from her old life, Yuki took the additional step of disowning the newborn.

Quite simply, Indian laws have not kept pace with the recent trend of reproductive tourism. The law traditionally favors the mother over the father in a custody battle; in Manjhi's case, the courts have been unable to make a clear statement on who is to be deemed the baby's mother. The biological mother who donated her eggs remains anonymous, the intended mother has severed ties, and the surrogate mother's responsibility ended at childbirth.

The second obstacle is that Indian law requires Ikufumi to adopt his own child because of the circumstances under which she was born, yet because he is a single father, the law has also rendered him ineligible. Without re-marrying, he cannot claim the child that he intended to raise with his former wife.

To complicate matters even further, a Rajasthan-based NGO has stepped into the picture, claiming that Manjhi's status is that of an "abandoned child." Due to the child's uncertain legal status, and because the father is unable to become her lawful guardian, Ikufumi's efforts to take the baby to Tokyo fit the Indian profile of child trafficking.

The Supreme Court has awarded temporary custody of the infant to her 70-year old grandmother, Emiko. However, several issues still need to be sorted out, most importantly procuring travel documents for the baby. As the helpless father shuttles between Japan and India on a tourist visa to battle through the legal intricacies, the grandmother must struggle to survive daily life using only sign language to communicate. She only speaks Japanese.

The case has kicked off a public debate on surrogacy and related issues. First to appear under the spotlight was the fact that surrogacy is already an almost $445 million business in India. (The Indian Council for Medical Research expects profits to reach $6 billion in the coming years.) The country has become a leading service provider seemingly overnight; the past two years alone have seen a 150 percent rise in surrogacy cases in India.

The reasons for the surrogacy boom in India are many. Most foreigners are drawn by the relative low cost. It is estimated that surrogacy costs just $12,000 in India compared to about $70,000 in the US. A 37-year old Russian came to Bhopal because she could limit her expenses to merely $4,500 as opposed to the prohibitive $35,000-45,000 in her own country.

Easy availability of women for surrogacy in India is also a major attraction. Whereas laws in the US and UK do not allow the surrogate woman to charge the childless couple, in India there are no laws preventing her from accepting compensation for renting her womb. This legal framework encourages more women to serve as surrogates, especially those from socio-economically weak backgrounds.

Newspapers and magazines have begun featuring numerous advertisements for 'young, healthy, good-looking lady from decent family for surrogate mother.' The success rate of such ads can be gauged from the fact that within 24 hours of such an advertisement in a leading Hindi daily in Indore, a dozen women came forward to provide their services.