The Surrogacy (Regulation) Bill 2016: Pitfalls and challenges ahead

Abstract

The reproductive environment across the globe has been revolutionized with the advances in assisted reproductive techniques, resulting in ‘Surrogacy’ as one of the most desirable option for infertile couples longing to have a child of their own. In the past, surrogacy arrangements were mostly altruistic deeds confined to close relatives and friends. But, with the introduction of financial arrangements and the official recognition accorded to this type of commercial surrogacy in 2002 it moved beyond the ambit of friends and family and encompassed wider possibilities. The commercialization of surrogacy has raised several ethical, philosophical and legal issues. ‘Fears of black market’, ‘Commoditization of woman and child’, and ‘Exploitation’ are major areas of concern pertaining to commercializing of surrogacy. India consequently emerged as a popular destination for surrogacy arrangements for many foreigners for reasons such as cheap medical facilities advanced reproductive technologies coupled with poor socio-economic conditions and lack of regulatory laws in this regard. A special reference to the ‘baby making’ factory of Gujarat, India in this context is made in the paper. Till now, there were no legal provisions directly dealing with surrogacy except guidelines given by Indian Council for Medical Research, 2006. In 2016, The Surrogacy (Regulation) Bill 2016 was proposed. The implications of outlawing commercial surrogacy via this Bill are being vehemently debated. The paper makes an attempt for the purposes of an academic discussion, to put forth critical issues around surrogacy in light of the provisions of the 2016 Bill and analyzing them vis-a-vis the various parties involved.