“Being able to help give something to someone they may have not had the chance to otherwise is a wonderful feeling. I am most looking forward to seeing our IPs hold and raise this child they have longed for.” — Amanda, a surrogate
Abstract:
The Research Paper’s objective is to critically examine the ethical and legal barriers to assisted reproductive technologies (ART) and surrogacy from a worldwide viewpoint, with a particular emphasis on Indian laws and regulations. It talks about how surrogacy laws have changed over time, highlighting important case laws and the standards set by the ART and Surrogacy Acts. Informed consent issues and the possible exploitation of economically poor women are two major ethical concerns surrounding surrogacy. The examination reveals how technological, social, and cultural changes impact surrogacy views and practices. It also includes judicial interpretations that affect the legal landscape. In addition, it considers surrogacy’s future in light of current advancements and makes policy proposals meant to strengthen protections for all parties. The conclusion highlights the need for strong legal frameworks to manage these complications and guarantee the preservation of moral principles while considering the changing characteristics of family formations in an international setting.
Keywords:
Surrogacy, Assisted Reproductive Technologies, Socio-Economic impact, Ethical Consideration, Health Care Systems, Reproductive Rights.
Introduction:
The word “surrogatus” in Latin refers to a replacement, or an individual assigned to take another’s place. As per the Black Law Dictionary, surrogacy is the act of carrying and giving birth to a child on behalf of another individual. According to the New Encyclopaedia Britannica, surrogacy is the process by which a woman births a child on behalf of a couple that is incapable of conceiving naturally. In India, two types of surrogacies are being practiced, one being Gestational Surrogacy and the other is Natural/Traditional Surrogacy. Two types of Surrogacy arrangements are being practiced in India and other countries, The practice of altruistic surrogacy involves the surrogate mother being compensated only for the required medical costs for her pregnancy and for giving up the child to the biological parents. Another is Commercial Surrogacy where payment is made to the surrogate mother other than the medical expenses that she bears. The combination of science, services, society, and individuals is what makes surrogacy a reality combination. Surrogacy benefits both the infertile couple and the surrogate mother. The infertile couple fulfills their biggest dream, and the surrogate mother receives the appropriate payment. Taking care of another couple’s fertilized egg within your own and having their child earn money, render a service, or engage in charitable activity is known as “giving your womb for rent.In 1976, a lawyer named Noel Keane drafted and mediated the first surrogacy contract ever made. The deal was formed for a standard surrogacy, and the surrogate was not paid for her services. In his lifetime, Keane remained a staunch advocate for surrogacy. He is thought to have helped deliver over 600 children through surrogacy during his tenure. The practice of surrogacy has become a significant phenomenon in modern culture, transforming assisted reproductive technologies and providing hope to infertile individuals. Through the provision of a meaningful relationship and an alternative to adoption, surrogacy empowers both intended parents and surrogates. Strong frameworks must be put in place as surrogacy develops to fully realize its revolutionary potential in an ethically sound and socially responsible way, enabling everyone who wants to parent to achieve their goal.