Surrogacy In India Violation Of Human Rights Of Women A Study With Special Reference To State Of Madhya Pradesh

Abstract

The roots of surrogacy can be traced long back in Indian history. The world s second and India s first IVF (In Vitro Fertilization) baby Kanupriya alias Durga was born in Kolkata on Oct. 3, 1978. Since then, the field of assisted reproductive technology (ART) has developed rapidly. But legally the laws related to surrogacy are still in the nascent stage. At present the agreement between the parties based on the ART Guidelines are the guiding force. The codified law is yet to be adopted and implemented. With the recent growth in the intended parents opting for surrogacy here, India has become the much sought-after surrogacy destination. With the acceptance of same sex marriages/union and the recognition of the basic human right to have family and children has given rise to surrogacy manifold. However, at the same time nations all across the globe are condemning commercial surrogacy as it results in commercialization of human reproductive system and co modification of children. For its various socio ethical reasons, surrogacy has become a topic of deep interest amongst the government of different nations, medico-legal luminaries as well as public at large. newlineThe Indian Council of Medical Research (ICMR) published guidelines for accreditation, supervision and regulation of ART clinics in India. Below are the main points from these guidelines: newlineDNA tests are compulsory to determine that the intended parents are indeed the genetic parents. If this is not the case the child must be adopted instead. Surrogacy should normally only be an option for patients for whom it would be physically or medically impossible and undesirable to carry a baby to term. The payments received by the Surrogate mothers should be documented and cover all Genuine expenses associated with the pregnancy. The responsibility of finding a surrogate mother should rest with the couple, or a semen bank, not the clinic. A surrogate mother should not be over 45 years of age.