International Journal of Law


International Journal of Law
International Journal of Law
Vol. 4, Issue 2 (2018)

Commercial surrogacy: A challenge to motherhood


Wasif Reza Molla

The modern development of medical science and technology poses a great threat to the dignity of a mother and her mother hood. The irony is that now medical science enables women to provide wombs for rent as 'surrogate mother' or “commercial surrogation”. Days are not so far when the so called elite class couples would find it rather economic and time saving to hire a surrogated mother to deliver a child for them than to spend their valuable time in procuring a child of their own. Water has started flowing in that direction as India is emerging as a hot destination for surrogacy-related fertility tourism, the assisted reproductive technology (ART) industry in India is worth more than Rs 25,000 crore. According to infertility expert India offers the best cheap expertise 'surrogate mother’ which is driving in more people from abroad for surrogacy. There is no law to deal with the issue of surrogacy precisely in India at present. The proposed Surrogacy (Regulation) Bill, 2016 intends to regulate surrogacy in India. The bill prohibits commercial surrogacy and allows ethical surrogacy to the needy infertile Indian couples. In aforesaid back drop to address the issues of commercial surrogacy in India. This paper first examines the various moral and ethical issues relating to commercial surrogacy in India. It then discusses the legislative history of surrogacy in India and is to make a nuanced examination regarding effectiveness of the provisions of the proposed Surrogacy (Regulation) Bill, 2016 to stop commercial surrogacy in India, it goes on to discuss how this unethical practices place both surrogate mothers and their babies at extreme perils and concludes with some remarks.
Pages : 207-210