Nature has bestowed the beautiful capacity to procreate a life within woman and every woman cherishes the experience of motherhood. Unfortunately, some women due to certain physiological and medical conditions are not able to give birth to their own children. The desire to be a mother leads them to search for alternative solutions, and surrogacy presents itself as the most viable alternative. Advances in assisted reproductive techniques such as donor insemination and, embryo transfer methods, have revolutionized the reproductive environment, resulting in surrogacy‘, as the most desirable option. The system of surrogacy has given hope to many infertile couples, who long to have a child of their own. Taking advantage of the advanced medical facilities, they seek alternative solutions like Artificial Reproductive Technology (ART), In-Vitro Fertilization (IVF) and, Intra-Uterine Injections (IUI), in the hope of having a child of their own.
In the past, surrogacy arrangements were generally confined to close relatives, family, or friends, usually as an altruistic deed. But, with the introduction of financial arrangements in the process, surrogacy has extended its network beyond family, community, state, and even across the country. The concept of surrogacy has turned a normal biological function of a woman‘s body into a contract with commercial point of view.
Surrogate services are advertised. Surrogates are hired and agencies make huge profits. The commercialization of surrogacy has raised fears of baby selling and breeding farms; turning impoverished women into baby producers and exploiting surrogate mother. Surrogacy degrades a pregnancy to a service and a baby to a product. Slowly but steadily India is emerging as a popular destination for surrogacy arrangements for many rich foreigners. Cheap medical facilities, advanced reproductive technological know-how, coupled with poor socio-economic conditions, and a lack of laws in India on surrogacy, in this regard combined to make India an attractive option.
JEMTEC School of Law