Commercial Surrogacy Analysis

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A critical analysis of Commercial Surrogacy and Human Rights in Indian Legal System ‘He is my son’; ‘No he is mine’. After hearing both the ladies, the King delivered his judgment. ‘Divide the living child into two, and give half to one and half to the other’ For many in India womanhood is defined by becoming a mother. Surrogacy and Indian Legal System: The legal position of commercial surrogacy in India has been complex since its legal recognition in 2002 through the Indian Contract Act, 1872, Indian Code of Civil Procedure, 1908 and the Guardian and Wards Act, 1890. However, there was no specific legal enactment governing surrogacy exclusively, leading Indian Council of Medical Research (ICMR) to issue Guidelines in 2005, even without legislative…show more content…
Restriction for International Surrogacy: As a result of globalization and liberalization the practice of procreative tourism has developed. Among various categories of cross-border reproductive services, international surrogacy, that is the act of infertile parents travelling internationally to engage the paid services of foreign surrogates to carry their babies to term is more being practiced. India is rapidly developing as a major destination for procreative tourism particularly for surrogacy practices. Hence, limiting surrogacy only to Indian citizens is a measure which is against the contemporary developments in international trade relations. This however, is in consonance with the Indian Medical Visa Regulations, 2012. 3. Rights of Intended Couples: In a surrogacy practice the following rights of the intended couple have been identified as essential, (a) the right to select surrogate mother of their own choice subject to restrictions by the State on grounds of public interest; (b) right to impose reasonable restrictions upon surrogate mother as are necessary for the normal development of the child; (c) right to information and visit surrogate mother during pregnancy; (d) right to custody of the child within 72 hours of its birth. However, the Bill does not make any reference about these…show more content…
Further ban on commercial surrogacy will adversely affect the interests of prospective surrogate mothers. Most of the woman who agrees to act as a surrogate is due to their financial necessity. The proposed ban on commercial surrogacy will prevent those women from acting as a surrogate and thereby obtain the required money. It may force such women to do other illegal acts such as prostitution or theft for finding the money. Further, it will lead to following negative
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