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Source: The post Indians seeking surrogacy abroad has been created, based on the article “FOR LOVE OF A CHILD” published in “Indian express” on 5th April 2024.
UPSC Syllabus Topic: GS Paper 2- governance-GS 2 – mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections.
News: The article discusses how strict surrogacy laws in India lead people to seek surrogacy abroad. It explains that only altruistic surrogacy is allowed in India.
For details information on India’s surrogacy laws read Article 1, Article 2, Article 3
Why are Indians seeking surrogacy abroad?
Restrictive Laws in India: India’s laws limit surrogacy to altruistic, non-commercial types, which excludes many people.
Diverse Needs: Individuals like single men and women, and LGBTQIA+ individuals, who are excluded by Indian laws, are seeking surrogacy abroad.
Global Options: Countries like the US, Canada, Mexico, Colombia, and some in East Europe offer commercial surrogacy, with costs ranging from Rs 50 lakh to Rs 6 crore.
What are the impacts of India’s surrogacy laws?
Economic Impact: Previously, commercial surrogacy benefitted women from lower socio-economic backgrounds. Now, the ban on commercial surrogacy limits these economic opportunities.
Stigmatization: The laws accentuate stigma against single women and same-sex couples, as they don’t fit the traditional family model.
Legal Challenges: The Supreme Court is being approached to reconsider these laws, indicating a legal struggle and a need for more inclusive legislation.
Assisted Reproductive Technologies are often inaccessible due to their high cost, restricting access for the economically weak.
Way forward
To move forward, India’s surrogacy laws should be more inclusive, recognizing diverse family structures. The laws need to adapt to modern societal changes, allowing single individuals, LGBTQIA+ couples, and non-traditional families the right to surrogacy, as endorsed by the Supreme Court’s 2022 judgment.
Question for practice:
Examine how India’s restrictive surrogacy laws impact individuals and why they are seeking surrogacy abroad.
