What is Surrogacy?
Surrogacy is described as an agreement between a couple and a woman who carries a pregnancy for them. Commercial surrogacy is legal in India, and so ample infertile couples visit India for surrogacy. Albeit this sort of agreement can prove to be a win-win situation for both parties, there are certain things to be considered like the framed laws to protect the rights of both the surrogate mother and considered parents.
From the past few years, technology has led to the rise of assisted reproductive techniques (ART), which gives a chance for infertile couples out there. The gestational surrogacy is the kind of surrogacy that requires in-vitro fertilization of the embryo which is then transferred to the uterus of the surrogate mother who then takes up the responsibility of delivering the baby. Whereas the traditional surrogacy involved impregnating the mother with intended father through an artificial process, hence she becomes both a gestational and the biological mother.
Couples come from all over the world to India as the whole procedure cost less than one-third of what it could cost in places like the United States and the United Kingdom because commercial surrogacy is practically legal in India with it emerging as a most liked to go to place for fertility tourism. As countries like UK, Germany, Sweden, Norway, and Italy have a ban on surrogacy, while some parts of the United States and Australia do not agree to commercial surrogacy, India booms in the surrogacy industry.
Ethical issues in Surrogacy
Women participating in surrogacy face ethical issues in gestational surrogacy. While Surrogacy may seem like a go-to option as a poverty-stricken surrogate mother and she gets the adequate financial benefit that is required, the intended parents get their dream come true by having a genetically related child. But all of this requires a transparent process which is lacking in this system, which is why both the parties are taken advantage of by third parties like commercial agencies and surrogacy brokers, In addition to the unforeseeable surrogacy regulations in India. That is why Kiran Infertility Centre (KIC), Bangalore is a right place for all the potential surrogates and couples that hope to have a child because we make sure you do not face any difficulties and provide you best services for surrogacy and IVF procedures making sure you pay only for what is considered to be a standard.
The language differences give couples a hard time along with the long surrogacy legal issues to get their child. The kinds of problems that arise with a cross-border surrogacy are the citizenship, the dilemma of nationality, legal rights of a child. Several cases have led to disowning the child due to not being genetically related to the couple after surrogacy and the aftermath of the child being is to spend time in an orphanage. Worse are the surrogacy ethical issues that the surrogate mothers face. These women are moneyless with no education in hand and come from a rural background and are often forced by their spouses or middlemen for fast and easy money.
There isn’t a procedure for legal counseling in India which is mandatory in places like the United States. The women are shifted to antenatal care facilities after being recruited with only limited provision to meet their family. In case of an adverse outcome, there is no guarantee of the financial benefit, insurance, support during post pregnancy with medical care. Career oriented woman find it a better alternative to taking surrogacy as a consideration to not compromise with career goals.
In order to address this issue, The Indian government must implement and frame some laws for the protection of the right of the surrogate mother and the intended parents, to mitigate the underlying commercial surrogacy ethical issues.
Although the government has proposed a law, it needs to be revised after having a discussion on ethical and moral aspect by various grounds like medical, legal and social by the society before any law is passed.
Surrogacy legal issues in India
The bill that’s drafted agrees to legal enforceability and surrogacy agreements. This agreement is considered on the same level as other contracts under the Indian Contract Act 1872. The proposed bill suggests that all the IVF Clinics and A.R.T Center’s must be registered through authorities of national and state level and a proper functioning forum must be formed to create file complaints in case of grievances against clinics and ART centers. Surrogacy legal issues in India come from age too. A woman must be 21 to 35 years old, to be eligible for surrogacy, and her birth count must not be more than 5 including her own children. Embryo transfer must not be done on surrogate mothers more than thrice for the same couple. The content of the spouse of the surrogate mother is very much mandatory to avoid legal and marital strife.
In order to be a surrogate, she must be screened for STD and other infectious diseases and must not have blood transfused in the previous 6 months, as it could lead to unfavorable pregnancy outcomes. The Insurance, including the financial expenses, must be the responsibility of the intended parents along with life insurance coverage which will be mentioned in the surrogacy contract. Monetary compensation is obligatory in terms of commercial surrogacy which must be remunerated by the intended parents to the surrogate mother. Just like the concept of minimum wages for laborers, there must be a fixed financial payment for surrogate mothers under the law.
There must also be an arrangement such that the child by surrogacy gets adequate financial support in case the intended parents die or divorce before they become parents to that child. The surrogate mother should not have any legal nor parental rights over the child, following the legal guardians to be the intended parents. That way they are legally bound to their children born out of surrogacy even if they develop abnormalities. Birth certificates of the surrogate child will have the names of the couple.
If a foreigner couple wish to have a surrogate child, they must make sure they have a written agreement that claims guarantee of citizenship for the child from their government and also make sure that the surrogate mother has a local guardian who can be responsible legally for making sure of her financial and health needs during the span and after the pregnancy till the child is legally delivered to the intended parents to ensure uncomplicated surrogacy for both the surrogate mother and the couple.
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