Open Access Research Article
INDIA’S NEW SURROGACY LAWS AND POSSIBLE ISSUES
Published Paper
Article Details
INDIA’S NEW SURROGACY LAWS AND POSSIBLE ISSUES
Authored by - Dr Divya Maheshwari
ABSTRACT
Because
there are women who, for various physiological reasons, are unable to bear
children of their own, surrogacy
has the potential to become a more acceptable form in the contemporary pattern
of family construction for more infertile and involuntarily childless
individuals as a result of developments in medical knowledge, legislative
reform, and shifts in social practices. Due to the availability of low-cost
prospective surrogates and the absence of a complete piece of law, surrogacy
has gained popularity in India despite the fact that it comes with a number of
complications and unknown societal effects. Human rights violations and
surrogacy-related crimes, according to researchers, have increased since India
allowed surrogacy to operate unchecked for financial gain. As a result, issues
of trustworthiness, legality, and ethics surrounding these clauses remain
unsettled and contentious. This study aims to inform readers on the law
surrounding surrogacy, analyze the most pressing problems with the current
surrogacy laws in India in the light of court comments, and provide some
approaches to resolving this pressing issue that has afflicted the Indian legal
system for decades. This study also intends to compare and contrast the
surrogacy policies and attitudes of few other countries.
KEYWORDS: Surrogate mother,
Commercialization of surrogacy, Human rights, Legal issues, Surrogacy
contracts, violation of rights, Surrogacy laws
1. INTRODUCTION
1.1
Background
Nature
has given upon women the exquisite ability to generate a life, and every woman
values her time as a mother. The
ability to have children is a fundamental human right. The urge to start a
family is a universal one for married couples. Having children is one of the
greatest joys of life. However, many people in this world are unable to start a
family for a variety of reasons. Approximately 10-15% of couples worldwide
experience infertility each year, according to a report by the World Health
Organization.[1]
The
science of infertility therapy has made great strides in the 20th century. Some
kinds of infertility that were once thought to be incurable now have
straightforward treatments. In the past, adopting a child was the only choice
for childless couples. Now, because to developments in medicine and, more
specifically, in the realm of artificial human reproductive technologies (ART),
such people have more possibilities than ever before for having biological
offspring. Artificial reproductive technology (ART) includes a wide range of
reproductive medical procedures. Surrogacy, among the available options, has
gained popularity.[2]
1.2 Concept
of Surrogacy
Surrogacy
has evolved as a cutting-edge scientific method of reproduction that can help
couples who are struggling with infertility for a variety of reasons, including
those related to their own biology or the social environment. One woman aiding another woman is
an admirable goal, and this is the fundamental notion behind surrogacy, so it's
no surprise that this practice has garnered a lot of support and praise.
Infertile couples see surrogate parenthood as a godsend since it offers them
revolutionary hope for having a kid.
The Latin
term surrogatus, which means "a substitute”, “a person designated to
perform in the place of another,” and “surrogate” all have the same root.[3]
A surrogacy agreement is a legal contract between a woman (the surrogate) and
prospective parents (the "intended parents"). [4]The
American law report[1] provides the following definition of
"surrogacy" a contractual undertaking whereby the natural or
surrogate mother, for a fee, agrees to conceive a child through artificial
insemination with the sperm of the natural father, to bear and deliver the
child to the natural father, and to terminate all of her parental rights
subsequent to the child's birth" [5]
There are
three main categories of surrogacy. Complete surrogacy, gestational
surrogacy, and genetic surrogacy are the three types of surrogacy that can
be performed. A woman's egg is fertilized by the sperm of the male partner in a
genetic or partial surrogacy arrangement by artificial insemination or, less
commonly, natural intercourse (commissioning father). Here, the commissioning
mother acts as the social and legal mother while the surrogate mother is the
child's genetic mother. Partial Surrogacy or Traditional Surrogacy is terms
used to describe this method of carrying a child. In a whole surrogacy
arrangement, a surrogate's egg is fertilized by either a donor's or the
commissioning father's sperm. Gustatory/Gestational Surrogacy involves
obtaining an egg and sperm from the commissioning couple (or an anonymous
donor) and implanting the resulting embryo into a surrogate or carrying mother.
The surrogate mother in this case will not share any DNA with the child. Full
Surrogacy is another name for this procedure.[6]
Additionally
there are two distinct forms of surrogacy, distinguished by the amount of money
exchanged- Commercial surrogacy and altruistic surrogacy. In
Altruistic Surrogacy, the surrogate mother does not get monetary remuneration;
rather, the commissioning parent may cover the surrogate mother's expenses and
costs associated with carrying an embryo to term. Most cases of this kind of
surrogacy occur between members of the same family or close circle of
acquaintances. The usual justification for not requiring monetary remuneration
in this form of surrogacy is that the surrogate's desire to carry the child is
motivated by love, not by financial gain. While in commercial surrogacy, the
surrogate receives payment in addition to covering the costs of carrying the
child. Essentially, the surrogate receives compensation for carrying the child.[7]
1.3 Surrogacy
in India – Legal Aspect
The number of surrogacy cases in India has skyrocketed in
recent years. This booming
reproductive tourism sector in India is the result of a combination of factors,
including the desire to have a child of one's own flesh, blood, and DNA,
advancements in technology, and the ability to spend money, as well as the
entrepreneurial spirit of the Indian people. As reported by the National ART
(artificial reproductive methods) Registry of India (NARI), the number of
instances increased by about 300 percent, from around 50 in 2004 to 158 in
2005. Seventy-five of these occurrences have been traced back to the state of
Gujarat alone; the remaining cases have been recorded from other large cities
in India, including Chennai (16), Hyderabad (15), and other places.[8] Many ladies from the United States, Russia,
and Great Britain have already signed up with clinics like Anand's Akankshya
Clinic and Bhopal's Test Tube Baby Centre to undergo the surgery.[9]
Surrogacy arrangements of India have been called "baby booming
business," "womb on hire," "baby company," and
"parenthood by proxy" by their detractors[10].
When compared to other nations, India's cheap living costs and the fact that
the complete surrogacy process may be paid for with relatively little sums of
money explain why the country has seen a recent surge in the number of babies
born via the operation. Surrogacy services are currently available in over
three hundred fifty clinics around the world, contributing to a market size of
over $500 million each year.[11]
It is a
blessing for society that constitutional watchdogs have included surrogacy in
the purview of the law in order to aid the people. In 2006, the ICMR produced
the "Statement of Specific Principles for Assisted Reproductive
Technologies" after accepting the principles given by the Biomedical
Research on Human Participants on Assisted Reproductive Technology.[12]
Commercial surrogacy was made legal in India in 2002 with the hope of cashing
in on the country's rapidly expanding surrogacy market. The Assisted
Reproductive Technology Bill, 2008 was written by the Indian Council of Medical
Research to legalize and regulate a variety of reproductive technologies,
including commercial surrogacy.[13]
National
Guidelines for Accreditation, Supervision, and Regulation of ART Clinics in
India were released in 2005 by the Indian Council of Medical Research (ICMR).
The landmark case Baby Mnaji vs. Union of India[14]
established the necessity for legal provisions of surrogacy and paved the way
for their implementation in India. The 228th report from the Law Commission,
published in 2009, called for the establishment of laws to ensure the proper
use of ART and the legalization of surrogacy. Against this context, the
Assisted Reproductive Techniques (Regulation) Bill of 2014 was passed as a
piece of welfare legislation to safeguard the well-being and legal rights of
surrogate mothers and their offspring.[15]
Following the 2016 and 2019 Surrogacy (Regulation) Bills, an emergency
Surrogacy (Regulation) Bill 2020 was enacted to address concerns like as sex
selection and surrogate exploitation. It was written with the intention of
prohibiting the practice of commercial surrogacy in India while yet permitting
altruistic surrogacy for Indian couples.
Two new
rules regulating assisted reproduction and surrogacy in India went into effect
in January 2021, after years of work by the Center for Reproductive Rights and
others. Multiple rights for children conceived through ART are enumerated in
the Surrogacy Act and the Assisted Reproductive Technology Act ("ART
Act"), as well as provisions for regulating ART clinics and ART banks,
preventing misuse, and ensuring the safe and ethical practice of ART services,
among other things.
1.4 Problem
statement and Rationale
There is no question that the Indian judicial system has
attempted to regulate state policy regarding reproductive rights and commercial
surrogacy through a number of statutes and recent acts, but the broader picture
shows that there are still problems with the way these policies are being put
into practice. The new
Bill's groundbreaking measures aim to outlaw commercial surrogacy nationwide
while allowing altruistic surrogacy in an effort to reduce the exploitation of
low-income women. Unfortunately, the legitimacy of surrogacy legislation is
called into doubt due to an unfair gap between them and fundamental rights.
According to precedent set in cases like K.S. Puttaswamy v. Union of
India[16]
and Suchita Srivastava v. Chandigarh Admn.[17],
the state has no business deciding how a couple chooses to start a family or
raise their children. As the cases Navtej Singh Johar v. Union of India[18]
and National Legal Services Authority v. Union of India[19]
show, the bill also challenges the state's fundamental commitment to guarantee
the absence of bias and discrimination in the provision of reproductive health
services, including surrogacy.
To learn
more about the causes of the confusing challenges and concerns with India's
surrogacy regulations and how they could be remedied, more study is needed. This
paper perhaps covers the Indian regulations of surrogacy and associated
challenges by examining a variety of issues, challenges decisions, and studies
regarding surrogacy laws.
2.
METHODOLOGY
2.1
Objective and scope of the study
The study's objective is to ascertain the concerns
surrounding India's surrogacy policy and provisions and the requirement of
reforming it. The scope of the study includes determining various laws and
parameters Governing Indian surrogacy norms, as well as the challenges and
issues confronting the current surrogacy provisions and the need for addressing
the same. The landmark cases related to the Surrogacy in India as well as are
also analyzed. Additionally, the surrogacy regimes of other countries are
analyzed, including the countries like USA, Russia, and Mexico
2.2 Research questions
1.
What are the different parameters of surrogacy laws in
the Indian?
2.
What are the different issues and shortcomings related
to Indian surrogacy legislations?
3.
How existing issues in surrogacy laws could be
addressed?
4.
Learnings from different countries with good surrogacy
laws
2.3 Hypothesis
It is theorized that the current legal rules of surrogacy in
India have a number of obstacles and problems that need to be addressed in
order to bring an organized, well-balanced surrogacy policy in India.
2.4 Data collection
For the study, qualitative research was conducted utilizing
secondary data, which included many case laws, research papers, books on law
written by notable experts in the area, and journal articles and websites of different governmental
and non-governmental agencies and organizations.
3. ANALYSIS AND DISCUSSION
3.1 PARAMETERS OF INDIAN
SURROGACY LAWS
India Commercial
surrogacy is illegal and punishable under current surrogacy law, but altruistic
surrogacy is permitted so long as just the costs of medical care and insurance
are covered. In addition, the law covers the criteria for the surrogate (close
relative, 25–35 years old, married, own child) and the intended parents
(married couple or divorced/widowed women subject to certain Medical and age
restrictions) as well as the conditions under which surrogacy is permissible,
and a regulatory framework for governing surrogacy clinics.[20]
3.2 ISSUES
ASSOCIATED WITH THE INDIAN SURROGACY REGULATION
While the Acts finally regulated the industry, they also
brought a wide-ranging ethical and social repercussions as well as number of
concerns to the legal domain-including rights, scientific advances,
cross-border surrogacies, obligations as well as ethical dilemmas.
3.2.1 Flagrant
Discrimination:
Surrogacy laws are discriminatory, unfair, and irrational,
violating Articles 14 and 15(1) of the Declaration of Human Rights. Forcing infertile heterosexual
married couples or single widowed or divorced women to use altruistic surrogacy
while denying the same right to LGBTQ + people, live-in couples, older couples,
and single parents is illogical and discriminatory.
Despite the Supreme Court's rulings that adult consensual
sexual activity is no longer a crime (in the landmark case of Navtej
Singh Johar v. UOI[21])
and that living in a live-in relationship is not illegal per se in the country
(in the case of Madan Mohan Singh v. Rajni Kant[22]),
the practice continues to be illegal in many places. The Supreme Court's decisions have not been
incorporated into these statutes, and they have presented conflicting views on
the subject of relationship equality across the country.
3.2.2
Dismiss the importance of individual agency when discussing reproductive
fairness:
In the
case of Devika Biswas v. Union of India[23],
the Supreme Court of India interpreted the right to privacy and the ability to
make reproductive decisions as part of the 'liberty' guaranteed by Article 21.
The Indian surrogacy regulations, which are focused on a needs-based approach
rather than a rights-based, one, do not provide women with the independence
that they should have. Right to privacy, dignity, and bodily integrity as
inalienable fundamental right was reaffirmed in the context of the privacy
judgement cases K.S. Puttaswamy v. Union of Indi[24]a
and Suchita Srivastava v. Chandigarh Admn[25];
however, surrogacy laws are inimical to this conception and therefore violate
Article 21. At first glance, the Bill's stringent requirements for surrogates
and intended parents demonstrate a state-sanctioned ideal family, which
restricts reproductive rights and is now a criminal offense in itself.
3.2.3 An Unfair, misguided Approach to
Surrogates
Simply labeling altruistic surrogacy as "social and
moral deed of the highest degree" that "sets an example of being a
model woman in society" is unfair, in the eyes of surrogates.
The surrogate's right to a
livelihood (protected by Article 21) may be violated by surrogacy regulations,
since she may miss out on income while her life is placed on pause for the
duration of the pregnancy. Furthermore, by outlawing commercial surrogacy,
legislators are neglecting the reality that some women would choose to operate
as a surrogate under their own agency due to the financial rewards, rather than
work in a field with few opportunities for advancement. It's estimated that
over 100,000 women fall into this category; many of them are the sole providers
in their households. Surrogates' autonomy is further compromised and their
oppression is amplified when altruistic surrogacy is coerced by family members.
3.2.4 Ignorant of women's freedom of choice
It also
doesn't take into account situations when women might not wish to have children
for professional reasons. Think of a female athlete, whose prime earning years
also happen to be her childrearing years. A woman in this situation would have
to decide between pausing her profession and caring for her children, both of
which require her whole attention. It begs the question, "Should a woman
have to make this compromise", because this hardly seems fair.
3.2.5 Diminishes opportunity
for intended parents
Denial of a legitimate source of income to surrogates have in turn severely limited the
number of women willing to go through surrogacy, and indirectly denied
intending parents the opportunity to avail of it.
3.2.6 Killing of surrogacy
process
Completely
outlawing commercial surrogacy and punishing medical professionals who break
the law with a maximum of five years in prison and fine may look wonderful on
paper, but they are effectively putting an end to the surrogacy industry.
Surrogate births have decreased over the years, according to the most recent
statistics, perhaps due to ambiguity regarding the legality clause. All
medical professionals agree that surrogate parenthood is a risky option for
childless couples.
3.2.7 Issues of Conflicting interest
The competing agendas of surrogacy's many players are at the
heart of the dispute around the practice. On the one hand, it is the responsibility of the state to
safeguard the surrogate's rights and the welfare of the unborn child. The right
to parenting and the freedom of women to control their own bodies are countered
by the right to abortion. India's surrogacy regulations have a hard time
juggling all of these competing priorities.
3.2.8 Unauthorized entry
The proposed
regulation is not only unfeasible from a legal standpoint but also completely
at odds with the realities of life in India today. Judiciary has withered away
the supply in the face of demand by canceling the monetary part rather than
regulating the market, limiting access to surrogacy on fallible and
exclusionary grounds, creating a new parallel market, and forcing people to
resort to illegal options, as evidenced by the proliferation of unlicensed
clinics and middlemen willing to break the law in order to profit from
surrogacy. So these law seems retrogressive, impregnated with overtones of
international patriarchal mindset, and propelling a growing illegal market for
wombs.
3.2.9 ATR services- costly
affair
The new legislation made it more difficult for persons with
lower means to access ART services because of the expensive registration costs
and onerous regulatory procedures. Smaller clinics were similarly hindered by the regulations.
3.2.10. Violation of freedom
of trade
There is a violation of Article 19 and, more particularly,
Article 19(1)(g), which protects the "freedom of trade and
profession" in India, by the surrogacy statute that is now in effect. Both surrogate moms and the
several surrogacy clinics in the nation rely heavily on income from the
surrogacy sector. The interests of many parties involved in the commercial
surrogacy sector would be jeopardized by a complete prohibition on the
practice, making it impossible to defend as a reasonable limitation.
3.2.11 Narrow Provisions
One
concludes that the State interest in regulating and certifying clinics for
delivering "safe and ethical" ART treatments and surrogacy operations
has not been narrowly circumscribed under the ART and SR Acts when applying the
compelling State interest criterion to the provisions of the Acts.
Additionally, it does not establish any criteria for medical practice and fails
to regulate the intermediaries that play a crucial role in the surrogacy
arrangement process, including surrogacy agencies, tourism operators, and surrogacy
home operators.
3.2.12 Inconsistencies in the SR Act itself
Although a married Indian man and woman over the age of 21
are included in the definition of a "intending couple" in Sections
2(1)(h) and 2(1)(r), an eligibility certificate must be issued to the couple
only if the male member of the couple is between the ages of 26 and 55, and the
female member is between the ages of 23 and 50, per Section 4(iii)(c) as a
compliance provision. No
surrogacy services may be obtained without this certification. Since different
sections of the laws set different minimum age for eligibility, it would be
impossible to administer the law in a consistent manner.
3.2.13. Vague norms under the act
First,
it's not apparent where the necessity for varying and seemingly arbitrary age
limits comes from. Second, the Acts' regulatory goals have nothing to do with
the extent to which they interfere with people's lives, regardless of factors
like age, marital status, or sexual orientation and identity. Third, the Act's
ambiguity about the conditions or diseases under which it is authorized
continues and is subject to the view of the National Assisted Reproductive
Technology and Surrogacy Board.
3.2.14 Constitutional
invalidity of law
The Indian
Supreme Court's "Golden Triangle" standard for rational
categorization of legislation is not met by the Surrogacy Bill. Case law in State
of West Bengal v. Anwar Ali[26]
essentially codified this standard. The purpose of this conjunctive reading
test of non-arbitrariness, rationality, and intelligible differentia is to
protect people's constitutional rights against governmental overreach.
Considering that the purpose of the Bill is to regulate the practice of
surrogacy, prevent the possible exploitation of surrogates, and protect the
rights of the child born through surrogacy, the exclusion of non-conforming
gender identities, same-sex or cohabiting couples, and singles from its scope
appears to have no logical nexus with these goals.
3.2.15 International agreement violations
India is in flagrant breach of its duties under a number of
international treaties due to its discrimination against specific groups and
its failure to protect the right to "human life, health," and
dignity. The law breaches
the "right to form a family" guaranteed by Article 16 of the
Universal Declaration of Human Rights by interfering with the reproductive
rights of individuals.
3.3
NEED FOR REFORMATION
The current version of the Surrogacy Laws aims to do two
things: (1) clean up India's formerly uncontrolled surrogacy business by
putting hundreds of ART and surrogacy clinics inside the scope of the law, and
(2) reduce the exploitation of surrogates and children born via surrogacy. Although the lawmakers' goals were
honorable, their measures were not. While the 2021 legislation do include
several of the Center's and its partners' suggestions, advocates and activists
have pointed to exceptions and gaps that call for further work to be done in
the area of lobbying and policymaking. Surrogacy should be seen as a right, not
a need, and this recognition is urgently required. When discussing reproductive
health, a rights-based perspective requires the State to play a pivotal role in
advancing reproductive rights and freedoms. Those who are within their rights
under the law and in terms of human dignity should not be disadvantaged by
state involvement if they choose to use a surrogate. It's crucial to establish
rules for the surrogacy industry that benefit everyone involved. The carefree
attitude of the surrogacy sector, the lack of regulation that permits human
rights breaches, citizenship concerns, health policy, and a host of other
problems, must be addressed.
3.4
LEARNING FROM OTHER COUNTRIES ON SURROGACY LEGISLATURE
In the current time, eastern European countries like Georgia, Ukraine, and Russia are the most
desirable destinations for surrogacy where International surrogacy cost is much lower with
adequate legal protection for the commissioning parents. Here Compensated or commercial
surrogacy is only allowed for heterosexual couples, including foreigners.
However, Legal rights of Intended Parents are well protected. In Ukraine, the
intended parents become the legal parents of their surrogacy baby right from
its conception. Besides, their names are put on the baby’s birth certificate.
In USA, Mexico and Colombia, not only
married heterosexual couples but LGBT couples and single persons can become
parents thanks to their surrogacy programs. Surrogacy process is legally
controlled and it is ensured that the mothers are cared and supported
throughout from start to finish. Besides, the woman who agrees to be a
surrogate has certain obligations as part of the process that the agency will
follow up and facilitate. This includes staying healthy, attending all of her
appointments, taking the right medication, eating well, and staying safe during
pregnancy. They also have a legal obligation to release all claims to the baby,
giving the intended parents peace of mind that the baby will be theirs without
any last-minute changes.
Country newly
added in list of structured surrogacy laws is Israel who Lifted
Surrogacy Restrictions in Landmark Decision for LGBTQ People. Their surrogacy law requires those
seeking to arrange surrogacy in Israel to obtain permission from the Health
Ministry’s surrogacy committee. As an initial step, the panel examines the
applicant’s eligibility for surrogacy based on the surrogacy law. The second
stage involves approval of the surrogacy agreement between the prospective
parents and the surrogate mother who is to carry the pregnancy.
4
RECOMMENDATIONS
A. A
rights-based approach to implementation
Protecting
the rights of surrogates, children born via surrogacy, and ART donors requires
a shift in the current legal and policy paradigm, which may be achieved by
frequent dialogue with relevant parties. Surrogacy services should be available
without regard to a person's marital or sexual orientation or one's gender
identity, and this should be the focus of any advocacy work in this area. The
Supreme Court's ruling in NALSA and international agreements call for
modification of these laws. All parties are on equal footing before the law,
rather than being restricted by a medico-technical regulatory mechanism that
prioritizes prohibition. When weighing security against other considerations,
such as the freedom and confidentiality of individuals involved, the State must
strike a fair and reasonable balance, being careful not to overstep its bounds
in a free and open society.
B. Standard Surrogacy Contracts
Consistent with other contracts and the principles of the
India Contract Act of 1872, surrogacy agreements should be fair to both
parties. It must crater to cover losses in terms of health, wages, sufferings,
and mortality, any expenditure incurred in relation to the pregnancy, including
maternity clothing, additional nutrient supplements to sustain the pregnancy,
dietary expenditure for surrogate mother .There should be a fair balance
between the surrogate mother's responsibilities and the safeguarding of her
rights, and the terms and circumstances should be made crystal clear. All surrogacy practices should
standardize the surrogate mother's role in respect to the commissioned parents
and the kid. It's possible that a contract might include provisions like-
· Continuing
medical care for surrogate moms for up to three months following delivery.
· If a
surrogate ends up carrying twins, she should be compensated at least twice as
much, or 75% of the original fee, whichever is greater.
· The
commissioning parents must accept the kid regardless of any anomalies, and
should face harsher penalties if they refuse to do so.
· The
couples would still be the legal parents of the surrogate's kid even if they
were to divorce while the infant was still in the surrogate's womb.
C.
Regularization of commercial
surrogacy
Surrogacy should not be banned completely, but rather
adequate rules should be explored for the protection of the vulnerable parties
involved in the arrangement. Every
country looking to legalize commercial surrogacy should look to Israel's
approach, which strikes a good compromise between the requirements of society
and those of private people. It's important to keep in mind that even
though commercial surrogacy is illegal, it continues to grow through
underground channels. As a result, it's in everyone's best interest to adopt a
standardized legal agreement of commercial surrogacy in line with the feminist
movement, complete with additional checks and balances, transparency, and
registration of surrogacy contracts to guarantee that surrogate mothers are
fairly compensated and that no middlemen profit from the arrangement.
D.
Legalization of traditional
surrogacy
2021 act only permits for gestational surrogacy. Traditional
method where woman can provides her gametes as a surrogate is prohibited under Section 4(iii) (b) (III). However latter method is
a less costly affair and bliss to LGBTQ couples and reproductively challenged
women.
E.
Proposal for
nationalization of surrogacy centers
The
exploitation of women may be reduced if surrogacy facilities were moved from
private to government management and surrogates were required to register with
the government. Additionally, a check should be administered to these ladies to
make sure that they are registering with their own agency and not bowing to
family pressure. In addition, the government should determine and regulate the
surrogate's salary, which must be fair and commensurate with the work she does.
In addition, the prospective parents' backgrounds should be checked.
F.
Concretizing
Regulations
In order
to effectively regulate surrogacy in India, a more solid framework is required.
Stricter regulations are needed to protect both the surrogate mother and the
kid. The government should implement a number of programs and benefits for
intended parents who choose to use surrogates.
G. Sensitizing Audiences
There
needs to be more education and clarification of the relevant law in this area.
5
CONCLUSION
Although
India is undergoing a revolutionary period in which citizens' thinking is
shifting away from patriarchal norms and toward a more feministic ethos, the
current surrogacy legislation is a straightforward example of transphobia,
authoritarian compliance of societal beliefs, and bias against non-
heterosexist relationships, serving as a black spot on India's progressive
growth of the principle of equality.. As India is a significant center
for these activities, it is important to recognize that the new laws are a
positive development; yet, there are still some grey areas that need to be
clarified. Laws need to be
dynamically monitored to make sure they adapt to new technologies, moral
standards, and social norms. Surrogacy legislation in India would be unable to
safeguard the surrogate's bodily autonomy and the intended parents' rights to
parenting until such changes are made and surrogacy is legally recognized as a
reproductive right (s).
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[9] Dr. Ranjana Kumari, Surrogate Motherhood - Ethical or Commercial, Centre for
Social Research ,pg 9
[10]Yashomati Ghosh, “Surrogacy and Law: An Affirmative Approach
to Deal with the Ethical and Legal Dilemma”, Vol. II.Issue 1, 2011 Journal of
Law Teachers of India (83 to 92) at 84
[11]
Surrogate mothers: Outsourcing pregnancy in India’ article by Joseph Gothia,
26th June 2008, link: http://india.merinews.com/cat Full.jsp?articleID= 136421
[13]
Sharma RS. Social, ethical, medical & legal
aspects of surrogacy: an Indian scenario. Indian J Med Res. 2014 Nov;140
Suppl(Suppl 1):S13-6. PMID: 25673533; PMCID: PMC4345743.
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Article Information
INDIA’S NEW SURROGACY LAWS AND POSSIBLE ISSUES
Authors: Dr Divya Maheshwari
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/12/10
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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