The Controversy of Surrogacy in Indian Perspective An Analytical Study

Abstract

India has emerged as a surrogacy capital and destination for couples from different countries, in the past two decades. Fertility clinics operating across India, offering artificial insemination, IVF and surrogacy services to Indian citizens and foreign couples have increased dramatically. With the boom in surrogacy, there are increased instances of complex social, legal and ethical issues. Incidents of unethical practices such as exploitation of surrogate mothers, selective breeding, abandoning of children have increased. newlineThe study focuses about the many unanswered questions related to surrogacy. This thesis highlights the various case scenarios in India and the timeline of various regulations brought by the government of India to regulate surrogacy services. There is no law governing surrogacy in India. The ICMR issued guidelines for Accreditation, Supervision and Regulation of ART clinics in India in 2005, the Assisted Reproductive Technology Bill 2010, 2013, Surrogacy regulation Bill, 2016 that is again passed in 2019, but the guidelines and bills are non-binding. The researcher has also discussed about other laws available in India to deal with the problems posed by surrogacy and to reap the benefits of surrogacy, but there are flaws in those laws themselves, as well as flaws in the better implementation of those laws in the current situation, when surrogacy has become a nemesis in terms of proper regulation and in terms of human rights violations on ethical grounds, which has essentially been regulated despite the gravity of the issues involved. As a result, the current study will conduct a thorough examination of the provisions of the relevant legislations. It seeks to critically study the laws relating to surrogacy in India. newlineThis study suggested that clear cut formation of an Act regarding surrogacy laws is still awaited. Through this thesis, Scholar suggests that banning commercial surrogacy in India is not a solution to the problem as it may lead may lead to underground illegal activities rather it shou