Concerns with India’s surrogacy laws

Source: The post concerns with India’s surrogacy laws has been created, based on the article “Why Supreme Court must look into compensation for surrogates” published in “Indian Express” on 17th September is 2024

UPSC Syllabus Topic: GS Paper 2- Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article discusses concerns over India’s surrogacy laws, particularly the prohibition on payments to surrogates. It highlights debates about fair compensation for surrogate mothers, contrasting it with existing practices, and anticipates the Supreme Court’s review of these issues.

For detailed information on the debates around the Surrogacy Act read this article here

How Have Surrogacy Arrangements Changed Over Time?

1. Earlier, payment to surrogates was common in private healthcare, with surrogacy seen as part of infertility treatment.
2. The 2016 Surrogacy Bill, now the Surrogacy (Regulation) Act, 2021, banned commercial surrogacy, allowing only altruistic surrogacy.
3. The Assisted Reproductive Technologies (Regulation) Act, 2021 also regulates fertility treatments, further limiting payments to surrogates.
4. Surrogates can now only receive medical expense coverage and insurance, not compensation for their labor.

What are the key concerns with India’s surrogacy laws?

1. Ban on Payments: The Surrogacy (Regulation) Act prohibits payments to surrogates, limiting compensation to medical expenses and insurance, which may not fully address exploitation concerns.
2. Commercial to Altruistic Shift: Earlier, surrogates were paid, but now they can only provide “help.” This shift has made it harder for people to find surrogates, and some arrangements have gone underground, leading to illegal activities.
3. Exploitation Risks: Poor women may still be exploited despite the ban on payments, as intermediaries can take advantage of their vulnerable situation without regulated compensation.
4. Underground Surrogacy: Since the ban, illegal surrogacy arrangements have been reported, with surrogacy rackets being busted.

What did the Parliamentary Committee recommend?

The Department-related Parliamentary Standing Committee on Health and Family Welfare, in its 102nd Report of the Rajya Sabha, made the following recommendations for the 2016 Surrogacy Bill:

1. Reasonable Compensation: Surrogates should receive “reasonable compensation” beyond medical expenses and insurance.
2. Regulated Compensation: Compensation should be regulated by appropriate bodies, not determined by the bargaining power of the parties involved.
3. Comprehensive Coverage: Compensation should include lost wages during pregnancy, medical screenings, and psychological counseling for the surrogate.
4. Additional Support: Compensation should also cover childcare for the surrogate’s own children, dietary supplements, maternity clothing, and post-delivery care.

Question for practice:

Examine the concerns and recommendations regarding the shift from commercial to altruistic surrogacy in India’s Surrogacy (Regulation) Act, 2021.