The process of surrogacy entails the use of one woman’s uterus to implant and carry the embryo of a child – as well as to deliver the baby – for another individual or couple. The woman who carries the child is referred to as a surrogate mother.
Problems faced by surrogates:-
- There have been instances where surrogates have died as a result of complications during pregnancy and due to unavailability of good post natal care.
- Contracts mostly are structured where surrogates assume all medical, financial and psychological risks.
- There are instances where babies are born with disabilities or an unplanned twins being abandoned by the intended parents.
- There are examples of multiple embryos being implanted in the surrogate’s womb, to ensure high chances of success.
- In many cases children born through surrogacy have been refused to accept by a foreign couple due to the controversial status of surrogacy in their country.
Some Examples:-
In 2008, Manji, a Japanese baby girl born through a commercial surrogacy arrangement in a Gujarat IVF clinic. Baby’s return was complicated due to divorce of couple and the ambiguous status of surrogacy in Japan.
One case happened in 2009 when Balaz twins of German couple, born through commercial surrogacy in India were refused to accept by Germany because surrogacy is subject to prosecution in Germany
How Surrogacy (Regulation) Bill, 2016 will be helpful
- Bill has put a complete ban on commercial surrogacy, as commercialization had made it run like a business, where even exploitation was being done to maximize the profit.
- A woman can become a surrogate mother only for altruistic purpose and under no circumstances she will be paid for it, although payment can be made towards medical expenses. Removing money will make surrogacy more respectable function.
- The child born through surrogacy will have all the rights of a biological child.
- Bill has proposed to regulate the surrogacy in India and has limited the surrogacy to couples:-
- Who cannot naturally have children.
- Have a lack of other assisted reproductive technology options.
- Are keen to have a biological child.
- And can find a surrogate mother among their relatives.
- These regulations will ensure that only genuine surrogacy needs will be fulfilled and surrogacy in relations will reduce the scope of exploitation.
- Age limit of couple and time limit of marriage will ensure that the claiming couple is mature and strong enough to take care of children.
- It also bans unmarried people, live-in couples and homosexuals from opting for altruistic surrogacy, as due to illegality of these relations, they are not deemed fit to take care of a child.
- Bill has also banned the foreign couples from having commercial surrogacy in India.
- Abandoning the surrogate child, exploitation of surrogate mother, selling/import of human embryo have all been categorised as violations that are punishable by a jail term of at least 10 years and a fine of up to Rs 10 lakh.
Criticisms against commercial surrogacy:-
- With no financial mechanism in place, present surrogates will be pushed out without any income in their hands.
- There are still chances that the hidden financial deals may take place in the altruistic surrogacy too.
- Many underground alternatives will arise due to illegality,
- Blanket ban on foreign nationals for surrogacy will harm medical tourism in the country.
- Instead of putting ban on commercial surrogacy government should come up with measure that can save surrogates from harassment.
