Surrogacy is the method employed by couples when a woman becomes the carrier of their child. This mother can be the genetic mother of the child where the sperm is put in her ovary or she can be the gestational carrier where the embryo is placed in her womb in cases where the original woman’s womb cannot do the same. The surrogate always carries on with the process of pregnancy with the intention of relinquishing the child after birth. Surrogates usually have to go through a screening process where they are thoroughly examined for any diseases or genetic disorders. Surrogacy is considered legal in most countries including India and this process is done with the help of a recognised agency.
Surrogacy India was made legal since 2002. Moreover, with the Supreme Court’s ruling it was established that commercial surrogacy is legal in India under the Assisted Reproductive Technology (Regulation) Bill & Rules, 2008. This bill has amenities like allowing single parents having their own children through surrogates and the surrogate having no right on the child born out of the arrangement. India has a set of legislative rules that guide and direct the process of surrogacy in India.
The National Council for Medical Research in India has set up guidelines which are to be followed by medical clinics which aid the process of any kind of reproductive assistance. Moreover, there are guidelines that suggest that the surrogate and the infertile must necessarily draw up an agreement. It also states that relatives can in no way act as surrogates. It has also favourably hinted at the possibility of the couple incurring and paying for all the medical expenses and cost of living of the surrogate mother till childbirth. It also says that a surrogate mother shall have no right over the child if she is not the genetic birth. Under such circumstances the infertile couple do not need to adopt the child. However, if the surrogate mother has donated her ova then proper adoption procedures have to be followed. These guidelines however, are not laws. There is no stern surrogacy law in India to protect the right of the surrogate might lead to exploitation.
Surrogacy India is becoming increasingly popular. Surrogacy in India is an estimated 449 million dollar industry. It is also a favourable destination for outsiders as the costs incurred here are minimal compared to their own countries. It is as low as one tenth of the costs incurred in U.S. or U.K. In the United States for example, a surrogate mother is generally paid $10000 and the agency is also given around $30000. In India however, the entire cost from expenses to birth ranges from $2500–$6500. Low costs are also incurred because commercial surrogate mothers in India generally belong to the lower strata of the society.
Surrogacy India is up for legalisation under the proposed rent-a-womb law. If this is done then it help curb injustice and also promote fair practice.
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