Friday, 24 February 2017

Pallavi Gupta

Surrogacy laws in India




Gift of child is most precious one for a couple. Those who are deprived of this wonderful gift always feel inferior and frustrated. Some couples are unable to bear a child in the natural manner, despite having a strong desire to have achild of their own, they dont go for adoption, rather they seek the help of surrogate technology.

Surrogacy can be defined as a woman carrying a pregnancy and giving birth to a baby to another woman. This arrangement can be voluntary and gratuitous, as well as, paid as any commercial transaction according to the agreement between the commissioning couple and the woman who agrees to bear the child.


India became the surrogacy capital of the world as surrogacy here is more simpler and successful than anywhere else in the world.

In 2008, the Supreme Court of India that commercial surrogacy is permitted in India which led to an increase in the international confidence in going for surrogacy in India.

Now, Ethically should a woman be paid for being a surrogate mother?

Also, How are the rights of the surrogate mother and the child are to be protected?

For this the Union Cabinet in 2016 proposed the Draft Surrogacy Bill into the Parliament. And if passed it will be applicable in all the parts of India excluding Jammu and Kashmir.


So, Here are some important highlights which you should know about the proposed bill:



  • It legalises surrogacy for infertile Indian couples
  • The length of your marriage matters.
  • Foreigner nationals are deviated to get the Indian surrogate mothers.
  • It also bans the commercial surrogacy in India.
  • You cannot pay a surrogate mother.
  • You can approach a close relative only for surrogacy.
  • Surrogacy will be allowed only once.
  • If you already have a child, You cannot try for another one.
  • The bill also has provisions for providing legal aid to surrogate mothers.
  • It provides guidelines for regulating the clinics and hospitals that allow surrogacy.
Conclusion:

Now it can be said that if surrogacy oversteps the natural ways of procreation, only those who have been able to get children from it know the value of legitimacy of surrogacy.

At times, in a society like India, where barrenness is considered incompleteness for a woman, people have no option, but to resort to it to live peacefully in society.
As even adoption is legal in India then why not Surrogacy.