Requisite for Fitter regulations for Commercial Surrogacy in India

Commercial Surrogacy, which involves the process of renting a women’s womb to

someone and a woman’s ability to give birth to a child with another man for business
purposes, is a promptly raising activity in present scenario. India is emerging as a
leader in international surrogacy, which gives rise to the requirement for appropriate
rules and regulation in order to legalize and promote surrogacy in India. Since the
National Guidelines for Accreditation, Supervision & Regulation of ART Clinics
2005 in India, Commercial Surrogacy has been regulated under the legislative intent
even though without rigor. With the supposition to make Surrogacy a reality in India,
attempts have been made in 2010 by drafting ART Bill, which is still not introduced.
Now with the introduction of Surrogacy Bill 2016 by the current NDA government,
there is premonition regarding commercial surrogacy at stake. Socio-Economic
aftermath compiled with moral and ethical issues has provoked the thoughts already
world around. Livelihood and Parenthood are at loggerheads with each other.
Constitutional Provisions are going to take a back seat if only altruistic surrogacy is
empowered that too with eerie shrinkage. Corruption and Exploitation with emerging
new relatives might be the outcome to overcome the Legislation.

Female perspective in different parts of India and other countries like USA and UK
differs in opinion vis-à-vis Surrogacy and its impact on their lives.

To examine this issue, this paper will emphasize critically on analyzing the Surrogacy
Bill 2016 with a view that the basic objective behind the concept of surrogacy is not
defeated by the help of evidence, in-depth interviews, personal histories, perspectives
and experiences of the target group. It also highlights the implications if the
Surrogacy Bill comes up in picture.

Keywords

Surrogacy, India, Commercial Surrogacy, Surrogacy Bill 2016, Draft ART Bill 2010.