Assigment Law
Assigment Law
Introduction
Surrogacy is when a woman, called the surrogate, agrees to carry and have a baby for someone else, who are
known as the intended parents. Surrogacy can be traditional, which means the surrogate is the biological mom,
or gestational, where the surrogate carries a baby that was made through in vitro fertilization using eggs and
sperm from the intended parents or donors.
India has become a popular place for surrogacy because it has affordable prices, experienced doctors, and rules
that were not very strict at first. But, this industry has raised a lot of worries about the legal and ethical issues,
like the exploitation of surrogate mothers, the commercialization of kids, and the rights of everyone involved,
including the children, surrogates, and intended parents.
This analysis looks into the legal situation regarding surrogacy in India and also discusses the ethical issues
from both local and international viewpoints.
A lot of surrogate mothers in India come from poor backgrounds and are driven by the significant money they
can earn for carrying a baby. This was a way for intended parents, especially those from other countries, to find
a much cheaper option compared to surrogacy back home.
2. No Rules
At first, India didn't have any specific laws about surrogacy. The Indian Council of Medical Research (ICMR)
came up with some non-binding guidelines in 2002 to manage assisted reproductive technologies (ART), which
also includes surrogacy. The guidelines talked about informed consent, medical care, and being transparent, but
they didn’t really have any way to enforce them and didn’t offer full protection for surrogate mothers or clarify
who the parents are for kids born through surrogacy.
The absence of a legal framework created a situation where exploitation and unethical practices were common.
Informed Consent: Making sure that surrogates knew about the risks and what surrogacy really means.
Medical and Psychological Screening: Making sure that surrogates were carefully evaluated before being
accepted for surrogacy.
Surrogacy should be something that people choose to do on their own, without any pressure or force from
anyone else.
Everyone involved, like clinics, surrogates, and intended parents, should be open and honest in what they do.
Even though these guidelines were meant to be a beginning, they really didn't offer enough protection for
surrogate mothers or deal with the increasing worries about exploitation.
The bill says that only married Indian couples who have medical issues that stop them from having kids can use
surrogacy.
The bill highlighted how important it is to have informed consent and to ensure that surrogates are properly
protected.
The ART Bill was a move in the right direction for regulation, but it didn't really tackle the issues of
exploitation or give enough legal protection for surrogate mothers.
The bill suggests that commercial surrogacy should be banned and that surrogacy should be based on altruism,
meaning no profit should be involved. It also states that surrogates can only be compensated for their medical
expenses and insurance.
Surrogates and Intended Parents need to meet certain criteria: Surrogates must be aged between 25 and 35,
married, and should have at least one child. Parents who want to have a baby should be married Indian couples
facing medical issues that make it hard to conceive.
The bill made it clear that the intended parents are the legal parents of a child born through surrogacy, meaning
the surrogate won't have any claim to the child.
The bill was a big deal because it limited surrogacy to married Indian couples, leaving out single people and
foreigners.
The Act totally bans commercial surrogacy and only allows for altruistic surrogacy.
Surrogacy services are only for Indian citizens. People from other countries, those who are single, and non-
resident Indians (NRIs) can't apply.
Surrogates need to go through medical, psychological, and social screening for their protection. The law makes
sure they are protected during the whole process.
The Act gives the government the authority to impose penalties on fertility clinics that break the law.
This Act is definitely a move in the right direction, but it's still pretty controversial, especially because it leaves
out foreign nationals and single people.
Informed Consent: Surrogate mothers might not completely understand the medical, psychological, and
emotional risks involved in surrogacy.
Surrogates might feel pushed by their families or the surrogacy agencies to take part.
Financial Exploitation: Surrogate mothers get just a tiny part of the money paid by intended parents, while most
of it goes to the fertility clinics or agencies.
Emotional Well-being: Kids who are born through surrogacy might have some issues with their identity and
feelings, especially when they find out how they were born.
Legal Parentage: Surrogacy agreements usually say that the intended parents are the legal parents, but there are
ethical issues when kids are in a situation where their biological origins aren't acknowledged.
Exploitation of Vulnerable Women: Surrogacy frequently exploits the financial differences between countries,
with women in developing nations facing both physical and emotional risks.
Surrogacy services are usually only available to richer people, which means a lot of others can't use this option
for having kids.
V. Conclusion
Surrogacy in India is a really complicated topic that mixes legal rules, ethical questions, and the need to protect
human rights. The Indian government has taken steps to regulate the surrogacy industry with laws such as the
Surrogacy (Regulation) Act. However, there are still challenges, particularly concerning the ethical treatment of
surrogate mothers and the legal status of children born through surrogacy.
The surrogacy industry is going to keep changing as more people want it around the world, and new ethical and
legal issues will come up. It's really important that the ongoing reforms take into account the rights and
protections of everyone involved, especially surrogate mothers and children. This way, we can make sure that
surrogacy practices are done ethically and with respect for human dignity.