Vol. 6, Issue 6 (2020)
Surrogacy: Need and Relevence
Author(s): Tapan Kumar Chandola, Ritu Chhabra
Abstract: The term “Surrogacy” denotes a contract in which a woman accepts to bear other’s child in her womb till delivery of that child and after birth she hands over the child to his/her intended parents. Surrogacy is not a new concept in India. It has a very vast history regarding surrogacy from the period of Mahabharata and before the birth of Lord Shri Krishna. The first part of this article describes the term surrogacy with its meaning, definitions, agreement and history of surrogacy in India. Second part of this article describes the evolution of the concept of surrogacy from Biblical time to the present time that how the medical technology has developed by the time and in 1975, the first child was born by using IVF Technology. The world’s second IVF Baby and India’s first IVF child is baby Kanupriya @ Durga who was born in Kolkata on 3rd October 1978. Earlier in India, in 2002, surrogacy was commercialized that is why number of infertile couples came to India for surrogacy. But from 2015, the commercial surrogacy is totally banned in India. Third part of the article describes the international and national laws regarding surrogacy. In US, the commercialized surrogacy is legal while in United Kingdom, the commercialization of the surrogacy is illegal and thus prohibited by the Surrogacy Arrangements Act, 1985. In India, Assisted Reproductive Technology (ART) Regulation Bill, 2020 has been approved on February 2020 by the Union Cabinet to monitor the medical procedures in India, to assist the intended parents to conceive and the bill will develop the ethical practices for surrogacy in India. Furthermore, the Surrogacy Regulation Bill, 2016 is approved by the Union Cabinet and allow the willing women to serve as a surrogate mother. The Bill also proposes to benefit the widow or divorced women. The fourth part of the article mentions the constitutional and judicial aspects on the legality of surrogacy with the help of some landmark cases alongwith the feminine perspective on surrogacy. The article also raises some questions on the rights of a women to give birth to a child, on her physical and emotional exploitation and on the existing laws in India.