History of Surrogacy

Commercial surrogacy was legalized in India in the year 2002. after this the new word
comes into picture that is Rent a womb. India had become the surrogacy capital of the
world.
This was done to promote medical tourism in India. After this decision India become
the hub of surrogacy.
Main reason being low cost in India( it costs up to 70 to 80 lakhs and in the absence
of a strict legislation.,According to a CII report of 2012 the size of India surrogacy
industry was 2 crore a year. It was estimated that more than 3,000 fertility clinics
were engaged in this across the country.

How ever, the unregulated business of surrogacy led to concerns

Unethical practise
Middlemen and commercial agencies profited most
Exploitation of surrogate mothers
Abandonment of children born out of surrogacy
Rackets of organ trade, embryo import etc.
This called for a legislation to regulate surrogacy in the country.

Law commission report:-

Law commission of India highlighted that there is a needed to enact a law to regulate
commercial surrogacy. In its 228th report, LCI recommended commercial surrogacy.
Reasons:-
Prevent use of surrogacy for foreigners
Lack of a proper legal framework
Exploitation of the surrogate mother who may have been coerced to become a
surrogate due to poverty and lack of education.

In 2015 a government notification prohibited surrogacy for a foreign nationals

In 2016, a surrogacy bill was first introduced in lok sabha but lapsed after parliament
was dissolved. Lok sabha has finally passed the surrogacy bill on December 19, 2018.
this bill states some rules to control surrogacy the country and has completely banned
the commercial surrogacy only allowing for altruistic surrogacy.
Surrogacy bill,2019
Constitution of surrogacy boards at the national as well as state levels
It allows only ethical altruistic surrogacy.

Who is allowed
Indian married couple for at least 5 year
They have to proved a certificate of essential and also a certificate of eligibility.
They have to also undertake that they will not abandon the child born out of
surrogacy.
Surrogate mother shall insurance coverage for sometime to cover not only the period
of pregnancy but after that also.
The bill also seeks to regulate functioning of surrogacy clinics in the country need to
be registered.
It also specifies that no sex selection can be done when it comes to surrogacy.
Who can be surrogate mother
Close relative of the intending couple
Must be a married women having a child of her own
Between age of 25-35 years
No previous surrogacy

Merits of the bill

Preventing the exploitation of women
The rights of the surrogate mother are ensured
Better health and life of the surrogate mother
Proposes punishment
There is a proper procedure for the adoption of the child who has been iabandon by
the intended parents.

Demerits:-
Disqualifying on the basis of nationality, marital status,sexual orientation or age is
against the right to equality.
The right to life includes the right to reproductive and right to parent hood. So that the
state should not decide the modes of parenthood
Sudden interruption of the government would just push the dollar million market
industry underground. Thus, the very purpose of the bill to protect surrogate mothers
from exploitation would be defeated.
Fertility specialists and attached business would suffer.
Commissioning mothers who are carrying a child would be left in a limbo
Restricting only a blood relative to be a surrogate mother is illogical and
unreasonable.

Key issue
Is complete ban on commercial surrogacy viable?
Underground operations possible
Medical condition of couple has to revealed
What about maternity relief to surrogate mothers?
Why should not women get the right to choose if they want to rent their womb?
Article 14 and 21 of the Indian Constitution
What about same sex couple?
LGBTQ community is now accepted to be a part of he mainstream after section 377
scrapped.

Why in News:-
Karan johar, sharukh khan, amir khan and tushar kapoor have opted for commercial
surrogacy route.
There have been several litigation involving surrogacy such as the baby manji yamada
case, a japenses couple who have availed of surrogacy India, divorced while the
surrogate mother was pregnant. Gujarat HC.