SURROGACY LAWS IN INDIA

  • August 4, 2017
  • 12:10 pm
  • Divya Sadhwani

India has been a fine choice for the people all around the world who wish to have a child . Commercial surrogacy has been legal in India since 2002 , and this practice is highly taken by our very known celebrities who are also promoting this practice in India. Although , there is no specific law in India to promote surrogacy.

The cheap availability of services of a surrogate mother is easily available in India and so commissioning parents come here from various parts around the world and have a surrogate mother from India. As in India , the women who are in need of money do this services for monetary benefit and earn from this and so there has overuse of this practice as still there are many women in India who are in urgent need of money.

Though there is no legislature regarding surrogacy but Indian Council of medical research ( ICMR )has laid down certain guidelines for surrogacy which made the practice legal but it did not have any legal backing. According to a research , there has been 3000 fertility clinics in INDIA.

It ensures the rights of a surrogate mother and commissioning parents . It laid down that there should be no sex surrogacy i.e., there should be no discrimination between the sex of the unborn baby. The rights of the surrogate mother have been secured, proper care has to be taken of the surrogate mother, and it is the responsibility of the commissioning parents.

The legal parents of the child would be the commissioning parents, and surrogate mother would have no right over the new born baby. There should be life insurance of the surrogate mother which has be done by the commissioning parents. There has to be right to privacy of both the donor and the surrogate mother and it should not be revealed by any body or any legal authority also.

A bill named ASSISTED REPRODUCTIVE TECHNOLOGY BILL was drafted in the year 2010 but it has not been passed as that bill has several loopholes. As it does not set the limit as to how many births a women can have and it is the social cause as it is related to the health of the surrogate mother. Also, as it gives the right to single parents to surrogate a baby and have a donor also . But it does not give any rights to homosexuals to have a baby through surrogacy.

Here, the woman has to prove her infertility and so this is not a requirement for the mother to have a surrogate child. so these are certain loopholes for which the bill has not become an act. But after this there has been not another legislature which has been drafted by the lawmakers. Also, the bill does not laid down as to how much compensation has to be paid to the surrogate mother .

In India , the conditions are little different for the surrogate mother as a research was done where it was found that surrogate mother are not being provided with the copy of the contract that has been held between the commissioning parents and the surrogate mother.

Another bill has been passed by the Lok Sabha in lieu of surrogacy known as Surrogacy ( Regulation ) Bill 2016 which completely abolishes the commercial surrogacy in India. There can only be altruistic surrogacy where the surrogate mother is the close relative of the commissioning parents. The amount paid to be surrogate mother could not be paid indirectly.

Also , there will be national and state boards which will keep a check on surrogacy all around India. The most shocking provision is that still in 2016, our legislature don’t allow single parents to have a surrogate mother, neither do unmarried male or female could have a child through surrogacy. Also the woman has to prove her infertility.

According to me commercial surrogacy has to be legal in India as it gives livelihood to the women and also its the personal choice of a woman what to do and what not to do as our constitution allow us the right to choose our profession or business and there is nothing wrong against the constitution. Also in 2017 , homosexuals , single parents, unmarried people should be allowed to have a child through surrogacy as it is the right of every individual to decide whether that person wants a child or not.