Surrogacy is a legal arrangement wherein a woman (Surrogate mother) agrees to bear a child for another person or persons. This procedure is entirely legal and needs prior consent of the surrogate mother. A surrogate mother cannot keep the child post-birth.
This procedure is performed by a process called “in vitro fertilization” (IVF). Here, eggs are gathered from the mother, the eggs are further fertilized with the sperm of the father and then placed in the uterus of the surrogate mother. The surrogate mother will further carry the baby until birth.
What is Commercial Surrogacy?
Commercial Surrogacy refers to the arrangement in which the Surrogate mother receives compensation for her services beyond the reimbursement of medical expenses.
What is Altruistic Surrogacy?
This is a type of arrangement where no compensation is taken for the services. Only the medical expenses are reimbursed and realistic token of appreciation is given to the surrogate mother.
Now, There’s has always been this debate across the globe on the ethicality of commercial surrogacy. As a result of that commercial surrogacy isn’t legal in all the nations. Commercial surrogacy is legal in India, Ukraine, and California while it is illegal in England, many states of the United States, and Australia, which recognizes only altruistic surrogacy.
Surrogacy in India
Surrogacy in India is extensively popular. The major reason behind it’s popularity is the low costs charged by the surrogacy agencies. Internationally, the demand for Commercial Indian Surrogacy sad high. The medical, travel and other minor reimbursements were all covered in the arrangements.
In 2012, the estimated earnings were more than $400 million a year with over 3000 surrogacy clinics across India. The demand was huge until 2013 and 2015.
In 2013, the government of India banned foreign homosexual couples and single parents.
In 2015, the Government of India banned commercial surrogacy in the country and had only allowed the entry of embryos for research purposes.
In 2016, A Bill was introduced in Lok Sabha to make Altruistic surrogacy legal for Indian Heterosexual couples facing infertility problems for 5 years or more. This bill was passed in the Lok Sabha but no further date was set for presenting it.
In 2018, An Indian surrogacy law was passed. The clauses in 2015 and 2016’s bill were repeated. It includes an additional clause in which Indian women could become surrogates only once. They are only eligible to become a surrogate if they are a close relative of the intended parents, are married and have a biological child
Bans single parents, homosexuals and live-in couples from surrogacy.
Now in 2019, This bill was reintroduced into the Lok Sabha, the lower house of the Indian Parliament and passed again with majority. In order to make this bill a law, The bill will have to passed in the Rajya Sabha and further with the president’s assent it will become a law.
At Present, Indian surrogacy laws make it illegal for foreign intended parents to complete a surrogacy in India. The only people eligible to complete a commercial surrogacy in India today are Indian parents who have been married for at least five years.