The Surrogacy Saga

Abstract

Advancement in science and technology never fails to create milestones. In the current era of advanced science and technology, the impossible, unimaginable or unthinkable is achievable. It hasbeen made possible for a woman not only to have sexual intercourse without getting pregnant but also to get impregnated without sexual intercourse. One such development is the utilization of in vitro fertilization (IVF) evolution in gestational surrogacy. In a surrogacy arrangement, a woman known as the ‘surrogate mother’ consents to bear a child for a childless couple. The surrogate mother is impregnated either by artificial insemination or IVF. After carrying the child for 40 weeks and delivering the child thereafter, the child is handed into the custody of the childless couple. The surrogate’s ties or bonds with the child end upon the delivery of the child. However, as simple as it sounds, surrogacy arrangements kindle the interference of the law, especially when disorder disrupts the social norms of the public sphere. Women are offering to be surrogate mothers for money through agencies and medical centres. Hence, agencies are flourishing to offer surrogacy services as it seems to be a money-spinning business. As a result, surrogacy arrangements have reached a disturbing state of commodification warranting legislative interference. Countries around the world should not be procrastinating on legislative measures to regulate surrogacy arrangements on the basis that it is against one’s moral, cultural or religious values. Instead, countries all over the world should take proactive measures to come to a united stand such as a global treaty to regulate surrogacy arrangements.