2 years, 9 months ago-
Surrogacy has come a long way since it was first introduced in the 18th century, quite ironically in the West. It has also become one of the most contentious issues in recent times. The opponents of surrogacy particularly target commercialization, which they view as exploitative and morally atrocious. On the other hand, the legal systems of many countries including India have not been able to put a full stop to it for a variety of reasons. Surrogacy has been practiced for many years, but with the rise of advanced reproductive technology, it found its way into commercial practice. Commercial surrogacy usually involves gestational surrogacy—a surrogate who carries and gives birth to a baby she has conceived through in vitro fertilization (IVF) treatment using the egg and sperm of intended parents.
Commercial surrogacy, or paid surrogacy, involves monetary compensation to the surrogate mother. Commercial surrogacy has recently gained prominence as more than 300 Indian women have found willing candidates in the U.S., Russia, Europe, and Australia. The availability of lucrative surrogacy contracts in the States and other parts of the world has encouraged some Indian women to take up the profession. The practice of commercial surrogacy poses several ethical questions regarding the safety of motherhood, exploitation of poor women, issues of child legitimacy and status. In India, commercial surrogacy is illegal. But there is a booming market in surrogate pregnancies for foreign couples who come to clinics and hospitals here in this country. Now, the government wants to ban the service. There’s been a big debate on this issue. Most people are against the ban. They argue that banning surrogacy will disincentivize poor women from becoming surrogate mothers, and could lead them into greater poverty as they will be less likely to be able to provide for their children.
Surrogacy may be considered against women’s empowerment as it would suggest women cannot decide by themselves what is best for them. Thus, if they want to have a child, they can and should. In the case of bio-medical conditions and infertility, surrogacy is the only option. Ban on surrogacy may imply that in case of infertility those who want to have a child are not allowed to have a genetic connection with their child, which is a very common dream for many people. To understand the ethics behind surrogacy we need to discover a surrogate mother’s aims and interests. Merleau-Ponty’s theory of embodied subjectivity could be used to argue that surrogates are not merely passive instruments of the natural physical process, but agents with hopes and fears: individuals with a past, present, and future in which they are interested and have plans.
The commercial surrogacy ban has created a set of ethical dilemmas for those intending to become commercial surrogates. The law defines a gestational mother as a woman who has agreed to become a gestational carrier for a particular baby. While everyone may be eligible to become a gestational carrier, only certain women are likely to be chosen due to their circumstances or the value they may add to the commercial plan. This creates a dilemma for those wishing to become a gestational carrier and have their child.
As per Wikipedia, “Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman (the surrogate mother) agrees to bear a child for another person”. It is a method of assisted reproduction.
There are two types of surrogacy gestational and traditional. In traditional surrogacy, the father of the child makes with another woman and the born is given back to the parents. In gestational surrogacy, the surrogate mother is not biologically related to the child. The embryo is created via in vitro fertilization (IVF) using the gametes of the intended parents and then is transferred to the surrogate.
Surrogacy (Regulation) Bill 2020:
• Bans commercial surrogacy, only altruistic surrogacy is allowed.
• Indian married couple, Indian-origin married couple and single women can opt to become surrogate parents.
• “Willing women” to be surrogate mothers.
• Insurance cover for surrogate mother.
• National and state-level surrogacy board
• Provisions to regulate surrogacy clinics.
• No sex selection permitted.
• Child to have rights as the natural-born child and parents can not abandon the child under any condition.
Issues with surrogacy in India: Surrogacy hubs developed in many areas where women from poor families took part to earn money Surrogate mothers faced exploitation, children were abandoned etcetera. The ban on commercial surrogacy, therefore, helped get rid of these issues to a huge extent.
The ban of commercial surrogacy will lead to the industry going underground and may make surrogate mothers more vulnerable. It is not a show that the section of the society other than married couples to bear a child. Recently we have seen that single people, homosexual couples wish to have a child in their family. This bill doesn’t ensure them with anything. The livelihood of poor women who were involved in the surrogacy business is being overlooked by the bill. The possibility of coercion of daughter-in-law in the families persists.Substituting is an arrangement whereby a wife agrees to bring a couple, or someone, into being the neonate’s parents, and give birth to a baby. The substitute mother grants the baby a right through the substitute contract. While substitutes are purely selfless, they often involve monetary remuneration. With the invention of gestational substitution (when the substitute does not supply the eggs), the commercial subservience has become a viable enterprise. Depending on the country, surgical care operates differently.
Commercial substitution has been permitted and has been a major economic success in India since 2002. It is estimated that the industry is worth more than $2.3 billion annually. Websites advertise and the technique is extremely flexible. The surrogate mothers pass first IVF operations within a week after their registration. Substitutes usually come from poor origins and live in hostels near clinics during pregnancy. You receive medication every day and your diet is monitored and exercised. Customers generally spend around 50 thousand dollars, whereas ordinary surrogate mothers pay only approximately 3,000 dollars. The government has taken action and closed the frontiers with worries about the exploitation of underprivileged women. In the case of commercial substitutes, the moral or ethical problems also extend into the legal field. There was, for example, an internationally-renowned case where a mother of the surrogate (also the mother), after birth, changed her mind and wanted a baby. The Court found that the contract was lawful and canceled her parental rights. The genetic father was awarded custody exclusively. Poverty and inequality can lead women to ‘lease their bellies.’ Some of them can be “compelled” and degraded to this decision (Sandel 2012). Weak agencies and vulnerability can lead to hazards and physical and psychological suffering for women. Substitution also has some advantages, despite its numerous challenges. It allows thousands of people to meet their desire for parenting and helps a lot of substitutes to make money and improve their livelihoods. Regulation is required for technological progress. One of these is the case of pregnancy regulation. Surrogacy permits youngsters who are unable to build a family. Gestational substitution also allows parents to share their child’s genetic ties. In most circumstances, surrogacy is a mother’s choice. You can claim the sovereignty of the body and thereby declare your free will. The prohibition of replacement might be counted against the empowerment of women because it suggests that women cannot decide their own rightsCommercial Surrogacy means that women excepts some amount of compensation and all the facilities should be provided to her during pregnancy than only that women will be your Surrogate mother. In india commercial Surrogacy is ban and allows altruistic Surrogacy for those couples who faces infertility. And Surrogate mother should be willingly carry the baby is important for parents to have their child healthy.
In commercial Surrogacy process their are two types of process:
1.Gestational Surrogacy process means it is not biological child from the Surrogate mother and it allows for LGBTQ community, infertility, single parents.
2.Traditional Surrogacy process means it is biological child which has father’s sperms through the process called intrauterine insemination.
Pros and cons of Commercial Surrogacy as following:
Pros
1.Women who can’t get pregnant they are allowed to have baby from Surrogate mother.
2.Surrogacy is advantage for women who can’t get pregnant and through Surrogacy they will get that happiness to be a mother. In most of the cases women are the who makes choice to have Surrogate mother.
3.Surrogacy is the way of making money and some of the women deal with their financial problems and for education purpose.
4.Surrogacy helps people who suffer from infertility, LGBTQ community to complete their family.
Cons
1.Being Surrogate mother is not esay it comes with physical and emotional problems like attachment towards child, injections, lifestyle and many more.
2.In some cases Surrogate mother gets attach to child because of which it may lead to legal problems.
3.Surrogate mother excepts compensation and it is very expensive due to which most of the people can’t afford surrogacy.
4.Surrogacy is opposite in some religious beliefs.
5.Surrogacy is something which may be problematic because finding a trust worthy Surrogate mother is not esay.
These were the pros and cons of Commercial SurrogacyCommercial surrogacy is an arrangement wherein which surrogate mother compensates for her services beyond the payment of medical expenses. There is a lot of debate are still taking place regarding this topic because people have mixed opinions about this. some women face complications in their pregnancy they don’t get pregnant so they can adopt this scientific method. But this method has some pros and cons:
Pros
Commercial surrogacy benefits the LGBTQ COMMUNITY and also to the women who don’t get pregnant and also to the women who are not ready because it can affect body such as sportswomen celebrities and women are in forces.
It is being accepted slowly by many countries.
It is beneficial to both the party they both are getting something.
The intended parents with every mile’s stone with surrogate mother they make sure she does not face any problem.
It helps to build a strong relationship between the intended parents and surrogate mother.
Cons
Sometimes surrogate mother gets emotionally attached to the baby by keeping the baby for nine months they don’t feel to give them back or the feels to be with the child which is not possible legally.
The cost of surrogacy is very expensive all the treatments and then giving money to the surrogate mother.
Surrogacy is complicating process we need to legally submit the document so it requires much time.
Surrogacy requires many medical checkups and treatment, medication can be a challenging process.
Some countries are putting a ban on this.
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