MUMBAI // Hundreds of embryos belonging to overseas patients are trapped in 
India following a ban on commercial surrogacy, with couples fighting to get them 
shipped out of the country.
Commercial surrogacy was previously legal for foreigners in India, where it 
was also competitively priced, and patients flocked to the country for the 
service. But in October last year the government banned the practice for 
foreigners amid ethical questions, including the possible exploitation of 
impoverished women who carry the children.
In addition to the ban, India also prohibited the import of embryos for 
surrogacy. The rules on exporting embryos from India, however, remain murky.
"There is no express provision for the ban of exports," said Radhika Thapar 
Bahl, a lawyer who specialises in surrogacy law.
But "the status quo is that parents are not able to export because the 
government has not come out with any procedure, documentation" for such a 
process.
"We’re stuck with embryos [from foreigners] that we can’t export and we can’t 
put in a surrogate," said Duru Shah, the scientific director of Gynaecworld, a 
clinic in Mumbai that offered commercial surrogacy to foreign patients.
"It’s a very strange situation but it exists," said Dr Shah, who is also the 
senior vice president of the Indian Society for Assisted Reproduction and sits 
on the ethics committee of the International Federation of Gynaecology and 
Obstetrics. "The government should allow the embryos to be exported back or 
allow them to be utilised and bring some sort of closure. They can’t keep 
sitting on embryos like that."
One American couple whose embryos were created in the United States and 
brought to India shortly before the commercial surrogacy ban have taken their 
case to the Bombay high court. They are arguing that returning their embryos to 
the US does not amount to export because they were not created in India. Last 
month, a judge in that case ordered India’s director general of foreign trade to 
make a decision on whether to allow the transfer of the embryos. The next 
hearing is due on Wednesday.
Dr Shah said her clinic had about 80 frozen embryos belonging to foreigners, 
including patients from the US, United Kingdom and Australia. The patients, who 
would have each spent thousands of dollars on creating their embryos, want to 
either take them home or send them to another country where they can legally go 
through with surrogacy treatment.
Briana Benn-Mirandi and Daniel Mirandi, from Connecticut in the US, decided 
last year to have a second child through commercial surrogacy in India after a 
first pregnancy almost cost Mrs Benn-Mirandi her life. But days before they were 
to fly to India for the IVF stage of the process, their clinic informed them 
that the government had banned commercial surrogacy for foreigners.
Despite this the couple, who had already obtained visas and booked flights 
and accommodation, felt that travelling to India was their last hope to have 
another child. They decided to go ahead with their plans, hoping that after 
creating their embryos they might be permitted to complete the surrogacy 
process.
However, after completing the IVF stage at the Ankanksha Infertility Clinic 
in Anand, a town in Gujarat state, they were unable to convince the authorities 
to let them proceed further. The couple was forced to return to the US without 
their embryos.
The process so far has cost them about US$10,000 (Dh36,729). But the price 
they have paid has gone beyond money.
"Our embryos are trapped in India," said Mrs Benn-Mirandi. "The whole 
situation shattered my family, including our parents."
She said she had "no faith in the Indian government, in policies and 
procedures that should exist or in any sense of justice over there".
The embryos "could very easily be destroyed, and they know there is nothing 
whatsoever we can do about it", she said.
But even if the couple can retrieve their embryos, Mrs Benn-Mirandi said they 
will not be able to afford surrogacy in the US, nor are they considering options 
in other countries.
Dr Nayna Patel, who runs the Ankanksha clinic, said she had received several 
requests from foreign patients who want take their embryos out of India. The 
clinic has embryos belonging to 186 foreign couples.
The clinic is seeking permission to export the embryos from Gujarat state 
authorities, she said.
But Ms Bahl, the lawyer, said the issue was unlikely to be resolved until the 
federal government clarified the rules.
"Even if people are applying or asking, probably the bureaucracy or 
government officers do not have any answer to it as to whether they should allow 
the export at the moment of not," she said.
Source: http://www.thenational.ae/