Risks flagged in India’s fertility tourism

by Neeta Lal

The revolutionary in vitro fertilization (IVF) technique that has given the world about five million new people in the 34 years since the birth the world’s first test tube baby, Louise Brown, continues to court controversy in India.

Earlier this month, Bombay High Court chastised the Maharashtra state police for being lackadaisical in investigating the circumstances that led to the death of 17-year-old Sushma Pandey shortly after she donated her ovum at a suburban Mumbai fertility clinic two years ago.

The process of egg donation – or assisted reproduction – involves the donor providing eggs, ova or oocytes for fertilization in a laboratory after being injected with stimulating hormones. Apart from the blood group and physical fitness, height, weight, educational qualifications and professions are all recorded. According to the Indian Council of Medical Research (ICMR) guidelines, it is mandatory to maintain a gap of at least three months between donations.
Apparently in Sushma’s case, almost all the ICMR guidelines were blatantly violated. While an egg donor has to be between 21 and 35 years of age, Sushma was barely 17 she donated her eggs without her parents’ knowledge. And while she made donations thrice in 18 months an obligatory gap of three months between egg donations was ignored.

What rankles most, say activists, is that the girl was not remunerated by the fertility clinic, the salient reason why poor women agree to such highly invasive medical procedures. In other words, the clinic simply harvested Sushma’s eggs without compensating her and then went on to commercially profit from them. Reportedly, the teen was promised $ 550 for each donated ovum.

“If Sushma had donated the ovum thrice, she should have been paid 75,000 rupees [US$1,600]. But we have not received a paisa [cent] of the money she earned,” the girl’s mother told an Indian newspaper.

In the second such tragedy, Premila Vaghela, 30, who had rented out her womb to a US couple, died this May in the eighth month of a surrogate pregnancy reportedly due to negligence at a clinic in Ahmedabad in western Gujarat. Though Premila managed to deliver her surrogate child, her own two young children are now motherless.

Both episodes highlight the grey area in which “assisted reproductive clinics” (ART) continue operate in the country’s US$500 million fertility tourism industry. They also underscore the deficiency of laws to check malpractices.

Acknowledging this, ICMR said in a report last year that “Most of the new technologies aimed at taking care of infertility involve handling of the gamete – spermatozoa or the ooctye – outside the body … These technologies not only require expertise, but also open up many avenues for unethical practices that can affect adversely the recipient of the treatment, medically, socially and legally.”

The report added that “The last 20-odd years have seen an exponential growth of infertility clinics that use techniques. As of today, anyone can open infertility or ART clinic; no permission is required to do so. There has been, consequently, a mushrooming of such clinics around the country. In the public interest therefore, it has become important to regulate the functioning of such clinics to ensure that the services provided are ethical and that the medical, social and legal rights of all those concerned are protected.”

ICMR is setting up a national registry of assisted reproductive technology clinics. Until such a registry becomes operational, experts advocate that the Indian parliament clear a path-breaking ART Bill, 2010, which has been stuck in a legislative log jam. The proposed Bill seeks to put in place several important provisions to protect the rights of surrogates.

The pending legislation clearly states that a woman acting as surrogate mother in India cannot be less than 21 years or over 35 years and that she cannot give more than five live births, including her own children. There are safety nets that the Bill seeks to build for the surrogates – they should not undergo embryo transfer more than three times for the same couple and no ART bank or clinic can send an Indian citizen for surrogacy abroad. Strict confidentiality, according to the proposed bill, also needs to be maintained about the donor’s identity.

Most doctors concede the need for a legal framework for the industry, although some feel it is unfair to tarnish all fertility clinics with the same brush because good ones are indeed a boon to childless couples.

“Surrogacy is one of the well-accepted concepts of assisted reproduction,” said renowned IVF expert Dr Indira Hinduja, who gave the country its first test tube babies in the 80s, told this correspondent earlier. “It benefits patients who can’t conceive or carry a pregnancy to term. Such people can take the help of surrogates to carry their child in the uterus and then hand it over to the genetic parents post delivery.”

Demand from childless couples around the world for Indian surrogate mothers has turned “surrogacy tourism” into a fast-growing business. Driving the demand are India’s advantages are laws that are less restrictive than elsewhere, a lack of ART regulation, the easy availability of surrogate mothers and medical procedures that cost a fraction of what they do in the West.

According to the private Indian Society for Assisted Reproduction (ISAR), there are more than 600 IVF clinics in the country providing an estimated 60,000 assisted reproductive treatments a year. While the government legalized commercial surrogacy in 2002, the only code governing surrogacy transactions in the country is a 126-page document issued by ICMR in 2005, which lays down the National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India.

The guidelines are legally non-binding, as they have not yet been ratified by the Indian Parliament. Besides, the ICMR rules are ambiguous about vital issues like the rights of the surrogate, the minimum age of the surrogate, details about the contracts, informed consent and adoption requirements.

What also needs to be brought under the law’s ambit, say experts, is clarity on the issue of legal parentage. “Most childless couples spend whopping sums of money on airfare and surrogacy contracts only to be told at the last minute that they can’t take their baby out of the country till cumbersome paperwork is completed,” says Dr Anita Palwal, a Delhi-based gynecologist-obstetrician.

Palwal recounts the case of Manji Yamada, the daughter of a Japanese couple who was born in Anand through a surrogacy agreement in 2010. Manji’s parents were divorced midway through the surrogacy agreement and her Japan-based mother then refused to accompany the father to pick up the newborn from India. Indian laws wouldn’t allow the baby to leave the country unless accompanied by her mother. Finally, Manji’s paternal grandmother had to step in to take her back to Japan.

Another disconcerting area, say activists and bio-ethicists, are the rights of the infertile couple. “For instance,” said Vrinda Vassan, an activist volunteer for Bachpan, a pan-India children’s rights organization, “there must be a mechanism to assure that the donor’s unused harvested eggs or embryos are not sold by the fertility clinics to other couples for profit. The misuse of a surrogate child for purposes of terrorism, prostitution or unethical genetic engineering research also needs looking into.”

Increasingly, whimsies are also creeping into the business. A few fertility clinics in central Bihar’s capital Patna, for instance, are getting cases of local childless couples who nag the hospital staff about the caste of the sperm or egg donor before they sign on the dotted line. “This makes a mockery of the entire IVF process. The focus should always be on the “quality” of sperm and not the trivia,” said Dr Palwal.

Experts agree that while the proposed ART Bill won’t be a panacea for all the ills, it will at least sensitize the stakeholders about their rights while acting as a deterrent for unscrupulous merchants of the trade.

Neeta Lal is a widely published writer/commentator who contributes to many reputed national and international print and Internet publications.

source: http://www.atimes.com / Asia Times Online / Home> South Asia / By Neeta Lal / August 01st, 2012

TCIL taps medical tourism

Thomas Cook (India) Ltd (TCIL) is looking at tapping the medical tourism segment in India. By the end of 2012-13, the tour operator plans to launch its medical tourism initiative in the country. It is currently tying up with major Indian hospitals.

“We are trying to tap this potential in places such as Gujarat, Delhi, Chennai, Mumbai and Bengaluru,” said the company’s Chief Operating Officer for Leisure Travel Outbound, Madhav Pai. TCIL has already tied up with Seven Hills Hospital in Mumbai and is also in talks with the Apollo and Hinduja Hospitals.

source: http://www.TravelDailyMedia.com / Home> Travel Daily> Tour Operators / by Krupa Vora / Wednesday, July 25th, 2012

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Longer UK Wait Lists Create More Medical Tourists

More medical tourists from the U.K. may be forced to go outside the country for cataract surgeries, weight loss surgery, and hip and knee operations.

Nearly all of U.K.’s health care regions have purposely made waiting lists longer by restricting the number of procedures they perform.

9 out of 10 National Health Service Trusts said they have placed limits on many procedures they perform, making longer waiting lists for these procedures.

These growing waiting lists were recently was exposed through a “freedom of information” request in the U.K.

Non-urgent rationing encourages medical travel

The NHS Trusts claim they have reduced the number of these surgeries because they need to save money. By labeling these essential treatments as “non-urgent” or “of low clinical value,” they are able to divert financial resources to more urgent care needs.

Whenever financial resources are taken away from a group of treatments, patients turn to  medical tourism to provide options in other countries.

British Health Minister Simon Burns was forced to respond to the news, stating that rationing treatment on grounds of cost was “totally unacceptable” and decisions to treat patients should be made on clinical grounds alone.

At the same time, Burns acknowledged decisions need to be made to limit or reduce certain types of treatment. This will help improve the bottom lines of budgets, re-allocate manpower or re-purpose physical space.

The NHS must find £20 billion (about US$30 billion) worth of efficiency savings by 2015 while it is still staggering from a failed central computer project that has ended up costing over £12 billion (almost $19 billion).

Canada makes wait times public

In Canada, the province of Ontario maintains a website that publicly lists the wait times not only for surgery but also for diagnostic imaging or emergency room care. Wait list information is searchable by procedure, hospital name or location.

The Ontario list is remarkably similar to that of the U.K. – listing procedures more in demand in aging populations.

Currently, reducing wait times for hip and knee replacements, cataract surgery, radiation oncology and cardiac services are a priority for the Ontario Ministry of Health and Long-Term Care, reducing the need for medical travel.

But weight loss surgery in Ontario has a wait list of 3 years, and is not included in the public list – apparently not an immediate concern of the Ontario government. Weight loss surgery travel by Canadians will continue.

Bed shortages

A different shortage, of patient beds, is the justification for another practice in the U.K. that was also recently made known.

UK doctors are putting tens of thousands of elderly hospital patients to death prematurely because they are difficult to manage or to free up beds, contends Professor Patrick Pullicino, a consultant neurologist and professor of clinical neurosciences.

Denying care to elderly

Speaking to the Royal Society of Medicine in London, he described a “death pathway,” known as the Liverpool Care Pathway (LCP), as a treatment protocol approved by the NHS and National Institute for Health and Clinical Excellence.

LCP, a method of looking after terminally ill patients, is used in hospitals across the U.K., and may include withdrawal of treatment including all nourishment and water. On average, LCP leads to death within 3 days.

Similar protocols exist in the U.S., Canada and other countries, for withdrawing treatment from terminally ill patients who are often in hospice and have very little time left to live. Nourishment and all medical treatment are withdrawn, and high levels of pain medication, often morphine, is given.

Pullicino said doctors had turned the use of this controversial ‘death pathway,’ meant for use when doctors believe when death is imminent, into the equivalent of euthanasia of the elderly. He claims it has become an assisted death pathway rather than a care pathway.

There are around 450,000 deaths in Britain each year of people who are in hospital or under NHS care. Around 29 per cent – 130,000 – are of patients who were on the LCP.

source: http://www.mtqua.org / Medical Travel Quality Alliance / by Julie Munro / July 22nd, 2012

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