You are on page 1of 3

SURROGACY - IN INDIA

Today in the world of science and technology though giving life to dead is
impossible but creating a new life is possible. Due to hectic life and other
medical reason’s can sometime devoid a woman from motherhood.

Surrogacy is really a boon as for the couple who actually suffer


from infertility due to any reasons [may be physical or any other] because
it is a tendency /mentality of human that they someway or either want to
have their own infant .Rather than to adopt . So there is an unrelated
decline in the number of adoption of children.

Surrogate or surrogacy means substitute. In simple


medical term it means a substitute mother in the place of a natural
mother. It can be known as “assisted reproductive technology”.

Surrogacy is a method of reproduction whereby a woman agrees


to become pregnant and deliver the infant of contracted party.

There are many types of surrogacy. In the traditional


form a infant may be born by a surrogate mother using her own egg and
sperm of the intended father.

In gestation surrogacy the surrogate mother becomes pregnant


by transfer of an embryo fertilised by :

[A] Egg and sperm of intended parent’s:


Here, the egg and sperm of the intended couple is taken and fertilised in
the laboratory condition . Then it is implanted in the womb of the surrogate
mother for the next time till gestation.

[B]Sperm of intended parent and egg from third:


Here sperm is given from the intended father and egg might be of
surrogate mother or from egg bank. In these cases mainly the women are
infertile.

[C]Egg of intended parent with donor sperm from third


party:
Here, the egg is given by the intended mother but sperm is brought from
sperm bank that is donated.

[D]Donor sperm and egg both from third party:


In case both are infertile or any other medical reasons they can go for a
donor sperm and egg and then transplant it to the womb of surrogate
mother.
Beside the medical qualification there are two social parameter too:

• Altruistic surrogacy
• Commercial surrogacy

ALTRUISTIC SURROGACY
Word “altruistic” itself signify “ service to mankind “ Here, a women
without personal benefit selflessly render her womb for the development
and nourishment of other ‘s infant .

It may be due to some of her emotion for the society . It might


be also that she was a commercial surrogate and after a period of time
she saw and realise the emotion and the pain of an infertile couple .
Thus, such incidence’s turn her to serve humanity with her womb

COMMERCIALSURROGACY
Commercial surrogacy has been legal in India since 2002. India
is emerging as a leader in international surrogacy and a destination in
surrogacy - related fertility tourism. Surrogacy in India is relatively low cost
and the legal environment is favourable.

Basically in these type of surrogacy a couple need to go a


fertility centre or a maternity hospital and pay 7lakh to 8 lakh . Sign a
contract with a surrogate .From these 1.5 lakh to 1.7 lakh is given to
hospital. Then 1lakh to the surrogate mother . Rest other is used as
medical expenses.

The most emerging surrogate destination of India is Gujarat, Chennai


etc.

“WHY INDIA IS A SURROGACY RESORT”?

It’s a developing country; it has more numbers of poor and


slum dwellers who do not get enough money for their basic needs.
Hence these give them a opportunity to earn more in short period of
time.

As said by a surrogate “we give life to a infertile couple”.

It can also be seen that India provide affordable and


quality care for infertility treatment.
SURROGACY AND THE LAW

In 2008, the supreme court of India in the manji’s (Japanese baby)


has held that commercial surrogacy is permitted in India. In India issues
concerning legitimacy is governed by section 112 of the evidence act, where
under it is provided that the child would be legitimate child of the woman and
her husband, and the artificiality of the process (in its sexual aspect) would make
no difference. Children were granted Indian citizenship and passports under the
legal provision don’t allow full fledged dual citizenship overseas Indian
citizenship. If they are also going to take citizenship of their biological parent’s
country. The law commission of India has submitted the 228th report on “NEED
FOR LEGISLATION TO REGULATEE ASSISTED REPRODUCTIVE TECHNOLOGY
CLINICS AS WELLAS RIGHT AND OBLIGATIONS OF PARTIES TO A SURROGACY “.
The report has come largely in support of the surrogacy in India, highlighting a
proper way of operating surrogacy in Indian conditions.

Lastly I would like to conclude by saying these that surrogacy


should be the last option for any couple because though one may get
a infant but can’t give the motherly care or if given it would not be
balanced. Either it would be more or less.

Adoption is not a bad option. As predicted by the demographer


the birth rate is far higher than death rate so if one orphan is
adopted and care, get a family , better future than that infant would
contribute for country’s better future. After all “service to mankind is
service to god”.