SURROGACY IN INDIA WITH SPECIAL REFERENCE TO SURROGACY REGULATION ACT, 2021 (By-Kamaljit Kaur)
At
last it is concluded that the advancement in the technology has brought a great
change in human’s life. At the same time it has also brought problems which
were otherwise unheard of. The concept of motherhood has also broadened and has
been changed to include genetic mother, surrogate mother, biological mother and
social mother. In the past two decades there has been a striking change in the
field of reproductive technologies. The techniques like donor insemination, in
vitro fertilization and embryo transfer methods have completely transform the
reproductive environment. These solutions have become a blessing for the
infertile couples. Surrogacy has become the need of the society. It is the last
hope for the infertile couples who are unable to have their biological child.
Surrogacy is a very crucial sector in India which is estimated to grow by leaps
and bounds in the subsequent years.
Following are the Suggestions:-
1.
The Act allows only altruistic surrogacy and
puts complete ban on commercial surrogacy. It seems as this step has not been properly taken into consideration by the government. In many
cases commercial surrogacy acts as an attractive alternative for the parties.
Because it will provide financial stability to the poor surrogate mother and it
also includes foreign currency investment.
2.
The main purpose of law is to protect the
liberty of individuals as well as act as an instrument of a distributor of
positive entitlements. In order to fulfill its obligations law must keep pace
with the emerging technologies so that the benefits out of it could be availed
by those in need.
3.
There is no such provision mentioned in the
Act to reimburse “surrogate” about the loss of wages during pregnancy if she
would have been working during the time of pregnancy. Therefore proper
compensation to the surrogate should be regulated by the government so that no
scope for bargaining left behind.
4.
The altruistic surrogacy promotes forced labour.
Therefore in order to cope up with this problem the concept of “compensatory
surrogacy” must be put in place. This would make good for the losses suffered
by the surrogate mother in terms of health, wages, sufferings and death. So the
term “altruistic surrogacy” should be replaced with the word “compensatory
surrogacy”.