What Is India Doing to Regularise Surrogacy

Pregnancy involves the whole person, body and mind, at every conscious and unconscious moment for nine months. The act of procreation, the primal behavior of human beings, is a gift which has helped thousands of infertile couples through Surrogacy in India. It is often termed as womb-renting, which represents the final conquest of the couples, who have failed to conceive despite several attempts.

Unending quest for a child has been answered by surrogate mothers. However, becoming a surrogate mother is often looked down as a way for women in socially vulnerable positions to sell fundamental human rights. But, in 12 years of its legal existence in India, surrogacy has emerged as the most preferred option for couples to complete their families. Surrogacy has not only given an answerto fertility problems but also has harnessed the technology to enhance reproductive freedom.

Woman undergoes enormous emotional challenges posed by the unrequited desire to have a child of one's own. Even the surrogacy in Raipur has witnessed a positive boast from all directions.

However, some social workers and feminist organization have condemned surrogate motherhood. They have argued that surrogacy exploits the woman’s body and her reproductive organs, and violates poor women’s human rights. The industry has been criticised for operating in a regulatory vacuum, and while there are some rules for people who take the journey to India, it is still a minefield for many unsuspecting parents.

If we consider the feminist approach, we would have to think that surrogacy means exploiting a woman’s body and her rights. Surrogacy has always been debated on ethical and legal issues. Even the argument from equality, specifically LGBT equality, has denied dying.

Recently, the Australian couple's move to abandon one of their twins born via a surrogate mother in India has raised new controversy for surrogacy in India. The case dates back to 2012 although it came to light recently after a report by the Australian Broadcasting Corporation. The report said the couple returned home with the baby girl while her brother was left behind.

Taking a strict cognisance, the Health Ministry has proposed new moves to regulate surrogacy and in-vitro fertilization (IVF) in India. The new rules will make couples mandatory to take custody of their child born through surrogacy. The bill also seeks to address issues like how many pregnancies can be allowed for a surrogate mother, the age of the mother and due compensation to be paid to her.

However, the new rules may bar foreigners from having surrogate babies in India. The Bill will also allow single parents to have children through surrogates. The Bill states that health insurance and regular tests will be make mandatory for surrogates. The proposed Assisted Reproductive Technology (Regulation) Bill is likely to be introduced in the Winter Session of Parliament.

India is taking a move to regularise the industry for convenience of both surrogate mother and commissioning parents.

Dr Neeraj Pahlajani

Obstetrician & IVF Specialist

(MS, DNB, FMAS, DRM - Germany)

MBBS - Lady Harding Medical College - New Delhi

MS - Obstetrics and Gynecology (PGI - Rohtak)

DNB - Obstetrics and Gynecology

FMAS - World Association of Laparoscopic Surgeons

DRM - Diploma in Reproductive Medicine (Germany)

Fellow in IVF & Embryology – (USA)

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