Commercial surrogacy vs. altruistic surrogacy: A socio-legal analysis and its implications
Meghna Borah, Hiren Chandra Nath
For continuation of human race, reproduction is the elementary essence. But infertility has caused strain among the married couples in their marital as well social life. Technological innovation and the innate desire in order to beget a genetically related child have led to the emergence of the concept of surrogacy. Thus, the infertile couples are prone in opting surrogacy but this concept gives rise to a numerous controversial issues viz., emotional, social, ethical, commercial, psychological, medical and legal. Currently, in India there is a call for nationwide guidelines as this practise had given rise to a reportedly rampant exploitation of surrogates by paying them a meagre amount. It is seen that in the current proposed legislation, much prominence is given to altruistic surrogacy arrangements and, therefore, it is indispensable to identify the rights of a surrogate in order to safeguard their interests. Thus, the aim of this comprehensive analysis is to substantiate in depth the problems of commercial surrogacy and altruistic surrogacy as well as to address the numerous controversies in light of current laws and proposed legislation, namely The Surrogacy (Regulation) Bill of 2020 and the Assisted Reproductive Technology (Regulation) Bill of 2020. Effort has been made in the ensuring sections to catalyze whether or not a ban on the practise of commercial surrogacy is within the constitutional mandate and to identify whether such restrictions on the practise of commercial surrogacy is in derogation to the regulations laid by international conventions. Furthermore, this research work may be taken into forethought by the legislative organ while enacting the legislation or while making amendments in the proposed legislation.