The desire for parenthood is a universal dream, and surrogacy serves as a path for many to realize this blessing. However, India's surrogacy legislation has faced criticism for its discriminatory nature, causing challenges for expectant parents. This article explores the historical context, legislative developments, and pitfalls associated with surrogacy in India.Historical Overview:
Since the successful birth of the first IVF child in 1978, India has been a prominent player in the field of surrogacy, earning a reputation as a hub for reproductive tourism. However, the lack of clear legislation led to unregulated practices, prompting concerns about exploitation by low-cost fertility clinics. In response to these challenges, the Indian government took steps to regulate surrogacy through the Surrogacy (Regulation) Bill of 2016.
Evolution of Surrogacy Laws:
The 2016 Bill aimed to redefine surrogacy, distinguishing between altruistic and commercial surrogacy. Altruistic surrogacy, where no financial remuneration is involved, was permitted, while commercial surrogacy, done for financial gain, was outlawed. However, the Bill introduced stringent eligibility criteria, requiring couples to prove infertility and limiting surrogacy to close relatives.
The Surrogacy (Regulation) Bill, 2021:
President Ramnath Kovind approved the Surrogacy Regulation Bill in 2021, further refining surrogacy laws in India. While the legislation is a step forward, it has sparked debates and concerns due to certain pitfalls.
Pitfalls and Concerns:
Violation of Equality (Article 14): The eligibility criteria prohibiting a woman from being a surrogate unless she is a family or close friend of the couple raises concerns about equality before the law.
Financial Exploitation of Surrogate Mothers: The prohibition of commercial surrogacy may lead to the exploitation of surrogate mothers, particularly those facing financial hardships.
Exclusion of LGBTQ Rights: Limiting surrogacy eligibility to "married couples" excludes same-sex couples, infringing on the personal rights of the LGBTQ community.
Narrow Definition of Infertility: The Bill's definition of infertility as the inability to conceive after five years may not encompass various medical conditions hindering conception.
Undefined Criteria for "Close Person": The requirement for the surrogate to be a close relative lacks clarity on what constitutes a "close person."
Limited Rights for Intended Parents: The bill lacks provisions allowing intended parents a say in the surrogate mother's decision to abort the child, leading to a disconnect in legal rights.
Privacy and Dignity Concerns: Absence of explicit provisions protecting the right to privacy and dignity may expose surrogate mothers and couples to societal criticism.
Unresolved Emotional Conflicts: Emotional risks and conflicts associated with surrogacy, particularly the relinquishment of the child, remain unaddressed in the Bill.
Surrogacy as a "Need" vs. "Want": The characterization of surrogacy as a "need" rather than a "want" may conflict with the reproductive decision rights guaranteed by Article 21.
Conclusion:
While the Surrogacy Regulation Bill, 2021, is a commendable step in regulating surrogacy in India, it necessitates amendments to address the identified pitfalls. Ensuring inclusivity, protecting individual rights, and acknowledging the diverse scenarios associated with surrogacy are crucial aspects to consider for a more comprehensive and just legislative framework.
Additionally, we will highlight the differences in surrogacy costs between these cities and provide a comprehensive overview of the average expenses one can expect when considering surrogacy in India. Whether you are a prospective parent or simply curious about the financial aspects of surrogacy, this article will serve as a helpful guide to understanding the surrogacy cost in Hyderabad, Mumbai, and across India.
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