Surrogacy can be defined as the process where a woman undergoes the gestation period, gives birth to a child, and then relinquishes her parental rights to another couple. This kind of relation which induces third party to the intimate process of producing children is not a contemporary concept and has been recorded in our history in various forms. The concept of surrogate-motherhood has been discussed on the same platform as new procreative technologies like vitro fertilization (IVF), which is indeed not a new technology. The concept of surrogacy has its origin in Biblical times. The glimpses of surrogacy exist in the Bible – Abraham and Sarah, Rachel and Jacob.
The aboriginal "official" acknowledged surrogacy acceding was allowable in the mid-1970's with the adolescent who was referred to as Baby M. The aforementioned advocate who brokered this acceding went on to begin the Infertility Center, an aggregation that arranges hundreds of agent births every year. During that aforementioned time frame, surrogacy fabricated the civic and all-embracing account with the world's aboriginal "test tube" baby, Louise Joy Brown. Although this was not technically agent mother situation, this accident did pave the way appear what is now accepted as gestational surrogacy
In latest times, surrogacy has long gone on to scale new heights of popularity. Actually, in 2005, a 58 year old woman donned the position of a surrogate mother to give beginning to her own twin granddaughters. Due to the fact time immemorial, surrogacy has acted as a ray of hope for men and women who're unable to take the traditional path to parenthood and the experience still continues.
INDIAN LAWS ON SURROGACY
India is a fashionable destination for mothers and fathers watching for a surrogate mom as commercial surrogacy are legal and the costs are lower than in developed international locations. India has hundreds and hundreds of IVF clinics however only about fifteen which might be "set up to cope well with the desires of foreigners undertaking surrogacy". Rising demand from abroad for Indian surrogate moms has turned "surrogacy tourism" there into a thousand million dollar enterprise.
Surrogacy legal guidelines in India are additionally undergoing a great exchange today. The Union of India is taking steps to function India as a legally safe vacation spot relating to worldwide surrogacy preparations. The Indian government is imposing authorized mechanisms to make certain that the child born out of surrogacy arrangement in India would have a reliable passage back house. Although such measures have affected few nationals, it might be viewed legally safe ultimately for surrogacy in India.
Commercial surrogacy in India is legal. The availability of scientific infrastructure and competencies surrogates, combined with global demand, has fuelled the development of the industry. Surrogate moms acquire scientific, nutritional and overall health care by way of surrogacy agreements. The fiscal scale of surrogacy in India is unknown, but the trained backed by means of the United international locations in July 2012 estimated the business at greater than $400 million at 12 months, with over 3,000 fertility clinics across India. Indian Surrogacy was popularized in United States by Adrienne Arieff's book The Sacred Thread.
The Law Commission of India has submitted the 228th Report on “NEED FOR LEGISLATION TO REGULATE ASSISTED REPRODUCTIVE TECHNOLOGY CLINICS AS WELL AS RIGHTS AND OBLIGATIONS OF PARTIES TO A SURROGACY.”
The Report has come largely in support of the Surrogacy in India, highlighting a proper way of operating surrogacy in Indian conditions. Exploitation of the women through surrogacy is another worrying factor, which the law has to address. The Law Commission has strongly recommended against Commercial Surrogacy.
The features Surrogacy (Regulation) Bill, 2016 • As per the draft bill, commercial surrogacy is banned. Any payment to a woman opting to be a surrogate mother is prohibited.
• Surrogacy for singles, gay couples, foreigners and persons of Indian origin is banned as per the new proposed bill.
• Only a blood relative aged 25 to 35 years can become a surrogate.
• The woman opting to become a surrogate mother should be married and with a child of her own.
• The draft Bill also bans egg donation. Main purpose of bill is that surrogacy will be allowed only in an altruistic form and there will be no monetary benefits for the surrogate mother.
Loopholes of the New Bill on Surrogacy The new bill will make surrogacy disappear from India. The limitations in the bill will not only make it impossible for singles and homosexuals to become parents, but difficult for heterosexual couples with infertility issues to have children through surrogacy. The condition precedent that only blood relative and that too, between the age of 25 and 35, allowed to be a surrogate mother will indeed make it impossible for heterosexual couples with infertility issues to use this procedure to become parents.
Since 2002 until today, while foreigners were making the most of the favourable legal environment regarding surrogacy in India, now Indian couples as well as singles and homosexuals will be forced to venture out of the country, especially the United States of America, where it is legal to seek surrogacy procedure. The middle class population will be worst affected as they may not be able to afford the procedure abroad. According to Dr. Nayana Patel, a surrogacy specialist from Anand, Gujarat, “India had an opportunity to be a world leader in this field. Instead, the government has taken a regressive step with the draconian law.”