Surrogacy and Medical, Ethical, Legal, Financial Dilemmas

Surrogacy Bill

Abstract

The problem of infertility is on rise among married couples. The advancements in medical science particularly in the field of artificial human reproductive technologies (ART) has benefitted childless couples and provided them with various options to beget a genetically related child. The major types by technique are Traditional, Gestational & according to financial view point Commercial and Altruistic .India allowed commercial surrogacy in the year 2002 but it has not got the legal status by the legislature. In the year 2018, The Surrogacy Regulation bill prohibited Commercial Surrogacy. Legislation on surrogacy with ethical compatibility is a daunting task as the vulnerable participants are prone for exploitation. There is strong need to develop legal literacy among surrogates; commissioning parties making them understand their rights and duties together with speedy, swift legislation for eradication of vacillations pertaining to surrogacy. The policy makers and government need to understand that woman opt for surrogate role are primarily for earning money to full fill basic needs like housing, medical expenses and for providing better education to their children. The article has been framed to explain the various aspects of surrogacy, journey of surrogacy in India and identify the contentious issues involved following the Regulatory bill passed in 2018, examine the adequacy of existing legal framework, the ethical issues associated with it and the financial implications.