Surrogacy milieu in India: a legislative vacuum

Abstract

Surrogacy gives hope to couples who are unable to carry child on their own. Single men, women and same-sex couples can also opt surrogacy to have their own genetic child. Surrogacy has adjourned the practice of adoption by childless couples who can bear the cost of surrogacy. Recent past has witnessed the blooming of surrogacy clinics all over the world. Eligibility of surrogates, process, legality and expenses, involved in surrogacy, differ from country to country. Most of the countries do not have surrogacy regulating legislation in force. Few countries prohibit surrogacy, while some ban commercial surrogacy and permits altruistic one. Even international surrogacy is not allowed in some jurisdictions. Easy availability and low costs of surrogacy procedures in developing countries have made surrogacy a lucrative business. India developed into a hub of commercial surrogacy with no harsh laws, regulating surrogacy clinics. Even though commercial surrogacy has been banned, still lack stringent laws, governing surrogacy clinics in the country, creating a legislative vacuum. Legal and ethical issues surrounding the surrogacy are also complex, thereby making it difficult to differentiate whether surrogacy is a boon or bane. The need of the hour is to legalize altruistic surrogacy and prohibit commercial one. Till laws being enacted and appropriate monitoring authorities are instituted, one has to assess with his/her conscience what is right and where wrong begins