A growing number of Indian women are willing to carry a foreign child. Surrogacy in India today gained popularity and it is solely because of the advantage it gives to the many women who are not able have a child.
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A sharp rise in Australian children born in India shows laws criminalising commercial surrogacy are doing nothing to stop parents going overseas to find birth mothers for their children, surrogacy advocates say.
The number of citizenship requests for children born in India has risen by more than 300 per cent over the past five years, documents obtained under freedom of information show. Surrogacy Australia founder Sam Everingham said Australians were fast becoming the highest per capita users of compensated, or commercial, surrogacy, despite laws in NSW and other states criminalising it, even if it occurs overseas.
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"Australia, funnily enough, has become one of the largest surrogacy markets internationally because of the perfect storm created by the lack of access to international adoption, women leaving childbirth later on and the fact we are a wealthy country and women can afford it," he said.
Mr Everingham estimated that about 100 NSW couples each year were engaging in compensated surrogacy overseas, and about 500 nationally.
Since March 2011 NSW parents who do so have risked two years' imprisonment and fines of $275,000.
Nationally, the Family Law Council is reviewing how best to deal with the legal issues posed by increasing use of surrogacy, with a report due in December.
