With a second raid and possibly more in tow, the State government is not backing away from cracking the whip on fertility centres, notwithstanding the legal ambiguity over the matter.
The Telangana’s health administration has been deliberating the future course of action in the case of two fertility centres that were raided within a week, one in Hyderabad and the other in Bhongir. Both the clinics produced permissions, but finding several pregnant women at these clinics and their residential facilities, have raised questions over the practice of surrogacy. However, the State government has refrained from booking the clinics straight away as there are no laws to penalise commercial surrogacy.
Additionally, the State’s health officials admitted that surrogate women, in both cases, have stated their willing involvement in being a surrogate. Further, it was learnt in the case of Hyderabad clinic’s raids, which has also drawn the High Court’s attention, that the surrogate women and the commissioning parents may seek to join the petition alleging that the police raid had caused them trauma and exposed their identities.
“The raids were conducted and showcause notices were issued under the PCPNDT Act. We are now deliberating how to move forward,” a district health official confided. “But we are not sure how to go about it as we have to now respond to the High Court.”
Another senior health official added that the State was not entirely without legal provisions to back its actions. Thus far, in both the raids, ultrasound equipment from clinics has been seized and the managements have been asked not to enrol more patients. The clinics, however, have not been shut and the surrogate women are allowed to stay at the facilities belonging to the clinics. The official maintained that the government would continue to scrutinise surrogacy clinics in the State.
The High Court of Telangana took cognisance of the Hyderabad raid earlier this week, after concerns were raised about the fate of the surrogate women. A response was sought from the State government and its agencies as well as the fertility clinic that was raided. The government had expressed it’s willingness to relocate the women to a State home, but it has not moved any of them yet.
