Surrogacy Legalities India
Introduction
In the past 2 decades, there has been a spectacular change in the field of reproductive technologies. Reproductive sciences have come in with techniques like donor insemination, in vitro fertilization and embryo transfer methods which have completely revolutionized the reproductive environment. These techniques have infused hope into many infertile couples, who long to have a child of their own….
Basic Concepts
Before one explores the conflict zones of surrogacy arrangements, it is necessary to understand certain concepts….
Meanings
Surrogacy is the practice by which a woman bears a child for another with the intention of handing over the child to the commissioning parents, once born. The surrogate mother is the one who gestates the child. The genetic mother is the one who donates her ovum. The Commissioning parents are the ones who receive the child from the surrogate after the birth of the child….
Methods of Surrogacy
There are two methods of surrogacy arrangements : -
Partial Surrogacy : – This is when the child harvested by the surrogate, shares the genetic makeup of the surrogate mother and that of the commissioning father…
Total surrogacy : – In this case an embryo is created by the IVF method. It is done by combining the gametes of both the Commissioning parents….
Types of Surrogacy arrangements
There are two types of surrogacy arrangements : -
Commercial surrogacy arrangements : – This is when the surrogate is paid over and above the necessary medical expenses….
Altruistic surrogacy arrangements : – This is when the surrogate is paid only the necessary pregnancy related expenses and at times nothing at all….
Dilemma of Parenthood
Unexpectedly, with the oncoming of surrogacy agreements, concepts of fatherhood and motherhood became subject to much controversy. Motherhood was never under much scrutiny as it was rightly thought that childbirth was the natural and conclusive fact establishing it….
Fragmenting Motherhood
Initially, the biological and the social aspect of motherhood were identifiable in one person. Now motherhood can be distinctly fragmented into three parts viz. the genetic mother who contributes her ova for the embryo, the surrogate mother who bears the child and the social mother who nurtures the child….
Legislative Developments
No surprisingly surrogacy agreements have posed a series of social, ethical and legal issues, which needs to be carefully evaluated. This evaluation must be read in the backdrop of the conservative attitude of the people on this issue….
Complex Issues
Surrogacy arrangements have disrupted the traditional methods of procreation. This has led to the reconsideration of serious moral, ethical and legal issues….
Conclusion
Various enactments have dealt with the two types of surrogacy arrangements. The striking similarity between them is the ambiguity in trying to define the two. The general trend has been to associate payments with commercial arrangements, presuming that altruistic arrangements involve only purity of intention….
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