Surrogacy In India Research Articles

Surrogacy in India: Problems of Legal Regulation

The article examines the problems of legal regulation of surrogacy in India, which are not least associated with such phenomena as medical tourism and the “commercialization” of the female body. “Reproductive” tourism in India in the context of commercial surrogacy, starting in 2002, led to numerous scandals and calls to stop the exploitation of women from lower social classes, which ended with the adoption of the first surrogacy law in 2016, which introduced the concept of altruistic surrogacy and Commercial surrogacy is completely prohibited. Although some restrictions have been lifted in subsequent legislation, the debate surrounding altruistic and commercial surrogacy continues, partly because surrogacy is a relatively new concept in India. With the assisted reproductive technology industry so dominant, a “compensatory” approach to solving the problem is needed, analysts say. Recent changes to India’s surrogacy legislation in 2024 to allow for donation from entities other than married couples mean new regulatory issues for surrogacy that are yet to be resolved.

Comparative analysis: Surrogacy regulation in India and global perspectives

This research paper examines the complex regulatory environment surrounding surrogacy in India, investigating its historical development and the intricate interplay of legal, ethical, and cultural factors. The paper examines the regulatory reforms that ensued after India became a prominent international hub for commercial surrogacy, with a specific emphasis on the intricate provisions of the Surrogacy (Regulation) Act, 2021. It emphasizes the impact of the act and addresses any limitations that were previously present. This study investigates the constitutional and legal ramifications that arise from the criteria for eligibility, with a particular focus on the effects on the infant, surrogate mothers, and intended parents. With the assistance of a global comparative analysis, this paper provides a nuanced perspective on surrogacy laws in Ukraine, the United States, and the United Kingdom, among others. These three jurisdictions were selected due to the fact that their surrogacy legislations regulate the industry to varying degrees: Ukraine regulates commercial surrogacy, the United States has state-made legislation, and the United Kingdom's legislation is very similar to that of India. The core of the manuscript consists of ten recommendations that are specifically designed for the Indian context. These recommendations promote the following: comprehensive legislation, parental rights recognition, autonomy for surrogate mothers, and ethical guidelines. The aforementioned suggestions encompass public education initiatives, anti-discrimination protocols, and international surrogacy regulations. In conclusion, the paper proposes a legal structure that is congruent with the cultural heterogeneity of India, thereby cultivating an atmosphere for surrogacy arrangements that is ethical, inclusive, and transparent.

Chains of extraction: shifting bioeconomies in India and East Africa.

Since the early 2000s, India has been a world leading hub for cross border reproductive treatments, in particular surrogacy, with the nation positioning itself as the "mother destination" for transnational commercial surrogacy, offering "First world services at Third world prices". State policies, lack of legal regulation, state of the art medical infrastructure and a steady supply of women ready to take on the role as surrogate mothers against meager remuneration have been key factors behind the Indian success story. Yet, a gradual process of regulation in recent years, culminating in the introduction of the Surrogacy (Regulation) Bill 2020, has forced the industry to reinvent itself in order to maintain its role as a market leader in a booming global bioeconomy. This article takes the 2020 bill as a starting point for an exploration of the key trajectories that the Indian reproductive industry has taken since. This includes moving into new market segments, such as the unregulated practice of oocyte donation, and expanding globally into new geo-political contexts. Through these practices, India has successfully rebranded itself as a world leading "pre-conception assemblage hub" where embryos are assembled and implanted into surrogates who carry their pregnancies to term in countries with no protective legislation. The article begins to map the emerging links between the reproductive industry in India and East Africa - where diasporic networks are mobilized in the creation of new reproductive markets, dominated by Indian IVF providers. In particular, we discuss the current expansion in Kenya, which we situate against the backdrop of the colonial entanglements between the two countries. While the ART industry in Kenya is still young, we suggest that these emerging developments illuminate the effect of the ban on commercial surrogacy in India, which appears to have resulted in a partial relocation to countries that lack regulation, shifting the precarious conditions of surrogates in India to other women, elsewhere, in ways that rearticulate colonial racial hierarchies and migration patterns.

Surrogacy and dystopian positionality: narrative reproduction between speculative fiction and chick lit

Abstract When it comes to Anglophone surrogate fictions, it seems that one reader’s dystopia is another writer’s chick lit: whereas widely received fictional narratives about surrogacy which are set in a future North America, such as The Handmaid’s Tale and The Farm, are mostly read as dystopian or speculative fiction, the small corpus of novels which negotiate commercial surrogacy in India (Origins of Love, The House of Hidden Mothers and A House for Happy Mothers) all contain chick-lit elements. As this constellation of genres might create the impression that exploitative forms of surrogacy do not exist yet, this article brings together postcolonial and ethnographic scholarship on surrogacy with research from gender and queer studies in order to explore the wider socio-political implications of these generic complexities. Arguing that more work is needed to conceptualise dystopian positionality, the article first shows that speculative and dystopian texts about surrogacy often invite Western-centric interpretations in which the dystopian element is mostly configured in temporal terms while aspects of space and positionality tend to be neglected or universalised. Further unfolding the generic complexities of surrogate fictions, the article then explores the extent to which the chick-lit mode in the texts on Indian surrogacy consolidates biocapitalist consumer market ideologies. In a last step, the article discusses the interconnections between generic conventions and hetero- and bionormative teleologies, and it reflects on the problems which might arise when attempts to deconstruct heteronormative assumptions about reproduction do not simultaneously also question the – often stratifying – implications of bionormativity.

Why is Commercial Surrogacy Banned Worldwide? A Complete Review

Commercial surrogacy mainly occurs in underdeveloped nations, and when local women carry children for affluent foreigners, commercial surrogacy is a controversial issue in feminist literature. Surrogacy is a contentious topic, primarily when prominent celebrities have utilized it. Particular surrogate moms experience complications by assisted reproduction techniques; Ectopic pregnancy, ovarian hyperstimulation syndrome, and psychological stress are the primary ones. It benefits couples unable to conceive normally but may also be exploited for profit. In December 2018, the Indian Government approved surrogacy legislation that modified the previous regulations. Specifically, it outlaws commercial surrogacy and restricts the eligibility of Europeans to seek surrogacy in India. The companies that organized surrogacy for foreigners have suffered a severe hit. This law's passage was primarily motivated by the discriminatory practices of surrogacy providers. They often did not receive the money the expecting parents paid to the company, and their living conditions were poor. Commercial surrogacy is permitted in various nations, such as the United States of America, Russia, Poland, and many others. Surrogacy is banned in Saudi Arabia, Pakistan, Iceland, Italy, Serbia, Spain, Sweden, Switzerland, France, and Germany. In these countries, surrogacy is mainly banned due to religious beliefs, i:e, Islam does not allow this practice, which is unethical. It is unclear what the acceptable reimbursement for surrogacy is in other nations where any surrogacy is considered banned. Both commercial and altruistic surrogacy have unethical consequences, and several nations disagree and have banned it. These moral disadvantages are even worse by cross-border commercial surrogacy. Their many objections against commercial surrogacy are addressed, along with the justifications for why it is banned in many countries. Examples include the commercialization and exploitation of surrogates, reproductive capabilities, health risks, unfair marketing, a lack of legal protection for surrogate mothers, ethical and legal issues, and the issue of stateless children. Despite the possibility of commercialization and exploitation, we suggest that these issues are not exclusive to surrogacy and instead need to be seen from the larger perspective of an unequal civilization. Furthermore, some of these arguments lack an understanding of actual experiences or are based on metaphor. Surrogates need to be compensated well, and rules should be in place. Commercial surrogacy is a complicated topic that is impacted by various variables, such as high infertility treatment costs, the accessibility of international travel, and especially the economic fragility of Indian SMs and their families. There are issues surrounding the surrogate mother's decision making process, especially concerning gender disparities, power imbalances, and a lack of proper legal support for surrogate mothers. To fully comprehend commercial surrogacy, further study is required, mainly research considering the perspectives of Indian women and families participating in these arrangements.

Regulating Surrogacy as a Reproductive Practice in India and Sri Lanka

Abstract Sri Lanka and India are desirable surrogacy destinations for various reasons. Although surrogacy can generate greater foreign revenue, it raises ethical and legal difficulties. India enacted the Surrogacy (Regulation) Act 2021 after decades of effort, whereas Sri Lanka continues with unregulated practice. This paper assesses to what extent Sri Lanka may learn from India. To that end, this paper investigates (i) the signifigance of Sri Lanka as a surrogacy destination and the surrounding ethical and legal issues; (ii) the legal validity and the legal framework governing surrogacy in Sri Lanka; (iii) the main characteristics of the legal landscape of surrogacy in India; and (iv) the adequacies and inadequacies of Indian legal approach to the surrogacy to determine the extent to which the Indian model can serve as a template for Sri Lanka. This paper concludes by proposing certain guiding principles for Sri Lanka in developing a legal framework for surrogacy.

The Surrogacy Literacy of the Indian Surrogate: The Filmy Way

According to narrative theories, fiction and non-fiction literature are text types that can manifest themselves in different mediums. Cinema is a medium that imitates both text types for a screenplay. However, when a non-fiction work is fictionalised for its cinematic representation, it invites urgent and special attention on the social front. This study investigates the sexual, social and economic typecasting of Indian surrogates through the lens of Indian cinema. The landscape of the media texts used for this study ranges from two prevalent practicing modes of surrogacy in India—the traditional form of surrogacy and the gestational form of surrogacy. The traditional form of surrogacy in this article is represented in the movies Doosri Dulhan (1983) and Chori Chori Chupke Chupke (2001), whereas the movie Mimi (2021) represents the gestational mode of surrogacy. These media texts often represent overtly fictionalised accounts of Indian surrogacy and considerably tamper the authenticated contents of Indian white paper documents on surrogacy. Anindita Majumdar talks about the ‘prostitute surrogate’, a type-casted representation of Indian surrogates, where the character of surrogates is that of sexually provocative women or prostitutes. For scrutinising this prototypical representation of surrogates, the methodological framework of this paper borrows arguments from Aristotle’s theory of mimesis and Seymour Chatman’s narrative theory. The article also advocates a nascent coinage—surrogacy literacy, a literary drive to keep a check on how surrogates are represented in films dealing with sensitive technology like assisted reproduction. The possible changes in such representation due to the new surrogacy law in India are also vital considerations of the article.

The advantages and disadvantages of altruistic and commercial surrogacy in India

BackgroundComprehensive commercial surrogacy became legal in India in 2002, and many foreigners, including individuals and same-sex couples, sought Indian surrogacy services due to their affordability. Numerous scandals resulted, with increasing calls for the government to eliminate the exploitation of women in lower social strata. In 2015, the Indian government decided to exclude foreign clients and commercial surrogacy remained legal for local Indian couples only. Furthermore, to eliminate exploitation, the concept of altruistic surrogacy was introduced in 2016. In 2020, some restrictions within altruistic surrogacy practice were removed. Controversy remains, however, in various sectors, not least because surrogacy is a relatively new concept in India. In this paper, the advantages and disadvantages of both altruistic and commercial surrogacy in the Indian context are considered, and more appropriate policy concerning surrogacy practices is suggested.MethodsThis paper is based on fieldwork conducted in India from 2010 to 2018. Interview surveys were conducted among doctors, policy makers, activists, former surrogates, and brokers. Government documents and media reports were also important sources.ResultsSurrogacy for commercial purposes began in India in 2002, and stakeholders within the commercial surrogacy industry became well established. It was found that such stakeholders were strongly opposed to altruistic surrogacy as introduced in 2016. It was also found that women in lower social strata still sought some form of financial compensation from their reproductive labor. Controversies surrounding altruistic surrogacy continue within Indian society.ConclusionPolicies and practices aimed at eliminating exploitive need to consider the Indian context carefully. Any surrogacy practice might potentially be exploitive, and the distinction between commercial and altruistic surrogacy is too simplistic to be useful, with more nuanced understanding required. It is of critical importance that investigation continues on how to eliminate the exploitation of Indian surrogate mothers throughout the process, regardless of monetary compensation. The entire surrogacy process should be managed with sensitivity, particularly in relation to the well-being of the mother and child.

Decolonial Reproductive Justice: Analyzing Reproductive Oppression in India

Abstract: The reproductive justice framework shifted understandings and analyses of reproductive oppression beyond individual 'choice' by incorporating analyses of structural injustice, racism, and social and economic concerns. In this article, we build on understandings of the reproductive justice framework by integrating a postcolonial lens and bring the powerful conceptual tools of postcolonial feminist theory to bear on issues of reproductive oppression in India. We articulate the elements of such a postcolonial lens—the transnational operation of race, Orientalism, the subjective experience of colonialism as well as the role of the nation-state and nationalism in shaping reproductive lives—and demonstrate how these elements, along with religion, caste, and right-wing Hindu fundamentalism, structure reproductive oppression in India. Through our discussion of the issues of sterilization, sex-selective abortion, and commercial surrogacy in India we reveal how the underlying coloniality of Malthusian ideas of controlling population to reduce poverty, Orientalist and racist tropes of moral and intellectual inferiority and sexual licentiousness, and the Orientalist and colonial framing of the "East" as backward, uncivilized, and dependent clearly shape reproductive issues in India. Offering a nuanced analysis of the heterogeneity of reproductive oppression within India, our discussion brings reproductive justice into conversation with a feminist postcolonial perspective to foreground the continued impact of colonialism, neo-colonialism, and settler colonialism on reproductive oppression.

Bollywood celebrities as bioconsumers of reproductive technologies in neoliberal fertility markets: A study of popular public discourse

The article makes a biopolitical study of commercial surrogacy in India through the case studies of Bollywood celebrities prioritizing bioengineered babies through surrogacy. Drawing upon the theories of the culture industry and neoliberal subjectivity, the entanglement between the cultural economy of celebrity and the medico-industrial complex is decoded. The study attempts to focus on the existing popular public discourse using newspaper articles, tabloid press, interviews, and journal articles to investigate how Bollywood celebrities, as bioconsumers in the neoliberal surrogacy market, further genetic essentialism and neoliberal eugenics. Celebrities, as agents of new reproductive subjectivities, invite critical forays into bioeconomies of intensity, intimate life and belongings through the affective bonds of familial ties and kinship. Examining the moral economy of assisted reproductive technologies (ART) in India, the study highlights the exploitative use of the reproductive labour of surrogates, who are treated as effaced entities and as collateral ‘prosthetics’ in the ART industry.

Critical Analysis of Commercialization of Surrogacy in India

The paper is centred on "Commercialization of surrogacy in India". This topic clarifies surrogate parents and their child's meaning, concept, and legal status. After that, it put forth various definitions of surrogacy. In the past two decades, India has emerged as a surrogacy capital and destination for couples from different countries. Fertility clinics operating across India and offering artificial insemination, IVF and surrogacy services to Indian citizens and foreign couples have increased dramatically. With the boom in surrogacy, complex legal and ethical issues are raised. Surrogacy is governed by diverse regulations worldwide, but such law generally has not been shaped by the perspectives of those involved. The incidence of surrogacy at national and international levels is increasing. Although infertility treatment is an excellent choice if the couple wants their genetic baby, it still requires more thought and different motions related to surrogacy worldwide. This paper deals with how surrogacy, medical technology, and at times a commercial operation also practices that establish kinship. It highlights various regulations brought by the government of India to regulate surrogate services. Different guidelines and rules brought across the period have been discussed with some regulation acts. This paper thus concludes after putting forth concluding observation followed by some suggestions and recommendations on the topic of surrogacy.

Surrogacy Contract: Issues and Challenges

The recent addition of the laws relating to surrogacy in India has widened the scope of this practice and opened the gates for discussions as to the contractual obligations of the parties. This article talks about how the laws relating to surrogacy evolved in India after independence. It also emphasizes the rights of the parties as mentioned in the Surrogacy Regulation Bill, 2020. Further, it focuses on the surrogacy contracts and the issues and challenges with the same taking into consideration the brfeach of surrogacy contract.

Future of Commercial Surrogacy in India: A Critical Analysis

Future of Commercial Surrogacy in India: A Critical Analysis

SURROGACY (REGULATION) ACT, 2021: EFFECTIVENESS AND CONCERNS

In a country like India where not having a child is a social taboo, surrogacy brought hopes and happiness for many childless couples. Amid these hopes, there are also ethical concerns whether it was morally correct to use one’s body to reproduce and make a living out of it. Furthermore, as India legalized surrogacy way back in 2002 and made it an important component of medical tourism, the surrogacy market grew multifold. This growth in surrogacy market also posed many challenges. Exploitation of surrogates and abandonment of children started surfacing in a big way. The government of India acknowledged these problems and enacted the Surrogacy (Regulation) Act, 2021. Through this Act, the government majorly focused on two aspects. First, it put an end to commercial surrogacy to do away with exploitation of surrogates. Secondly, in order to fulfil the need of childless couples, it allowed altruistic surrogacy where there will be no payments for surrogate except for her medical and insurance expenses. Furthermore, it also restricts the foreigners from availing this facility. How will this new act unfold is a matter of academic enquiry. Preliminary impressions through popular writings are pointing at many loopholes in the act. To begin with, it is suggestive of black marketing. As a result, while the hospitals and middlemen continue to mint money, the surrogates are at the loser’s end. Additionally, altruistic surrogacy is exerting a lot of pressure on weaker women of families’ giving rise to women exploitation. Furthermore, it also deprived many women of their jobs as surrogates. Through this paper, an attempt is made to understand the act of 2021 and the way it solves or give rise to new challenges in safeguarding the rights of surrogates and children and the future of surrogacy in India.

Surrogacy (Regulation) bill 2020 and its implications on the reproductive tourism industry in India

Surrogacy in India is an unfettered and unregulated practice which is being carried out blatantly without any legal sanction. The guidelines issued by the Indian Council of Medical Research to regulate clinics running Surrogacy arrangements under the umbrella of Artificial Reproductive Technique are the current driving force of this Fertility Tourism Industry. The codified law is yet to be adopted and implemented. The growth in the assisted reproductive technology (ART) methods is the recognition of the fact that infertility as a medical condition is a huge impediment in the overall well-being of couples and cannot be overlooked, especially in a patriarchal society like India. A woman is respected as a wife only if she is a mother of a child so that her husband's masculinity and sexual potency is proved and the lineage continues. The practice of nourishing another's fetus in the womb is known as surrogacy. Surrogacy has been the most contentious use of ARTs. These include the possibility of finding substitutes not only for parental genetic material but also for the womb. Surrogacy is a tripartite agreement which includes the intending parents, the surrogacy clinics, and the surrogate woman who agree to commission a pregnancy on behalf of another woman, ready to relinquish all her rights on the child born out of the arrangement for a monetary remuneration. The practice of surrogacy involves social, moral, legal, ethical, and scientific issues in an attempt to harmonize conflicting interests. This paper will focus on the new Surrogacy Bill 2020 and its implications on the medical infertility tourism industry in India.

COMPARATIVE LEGAL ANALYSIS OF SURROGACY BETWEEN INDONESIA AND INDIA

As a form of assisted reproduction methods, surrogacy remains controversial today. The practice of using surrogates has been around for very long time and serves a wide variety of functions in countries all over the world. The purpose of this research is to ascertain whether or not surrogacy is permissible under the laws that have been enacted and are in effect in Indonesia to govern the processes involved in surrogacy. This research also intends to determine whether or not surrogacy is allowed in India and analyze the legislative framework of that country in comparison to that of Indonesia. The type of research is normative legal research which relies on secondary data, in the form of legal material especially primary and secondary legal materials. This normative legal research employs both statutory and comparative approaches. Comparison is made between Indonesia and India. It is found that India has legalized the practice of surrogacy since long time ago. In addition, surrogacy in India does not only serve the reproductive purpose but also commercial purpose. On the other side, although the practices of surrogacy are also found in Indonesia, however, it remains illegal so far in this country.

Ethical and legal perspective of surrogacy in India

Surrogacy is an important alternative method of reproduction where traditional methods are not possible. However, several legal, ethical, medical and economic arguments have been made against this practice. Recent developments in the legal framework governing surrogacy aimed to answer these questions. Through the introduction of the surrogacy (regulation) bill 2019 provisions have been made to regulate centers providing surrogacy, preauthorization of surrogacy contracts and make a complete mental and physical evaluation of surrogates prior to entering the contract mandatory. However, the bill completely prohibits commercial and international surrogacy providing the vacuum for creation of other possible problems. Hence, there is still a need to find a balance between the ethical, legal, scientific and social aspects of surrogacy.

A COMPREHENSIVE STUDY ON THE SURROGACY (REGULATION) ACT, 2021 VIS-A-VIS THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021

Surrogacy is a process or procedure where a woman consents to be pregnant for other intended/desired parents who are unable to conceive due to medical/natural reasons. Overall, to say that, this is an agreement that implies a consensus ad idem between both the parties i.e., the surrogate mother, and the expected parents. From ethical and moral perspectives, it’s helpful, but some instances prove it to be a wringing of all three; surrogate, locum tenens baby and in-fecund couple. The union government keeping in view the advantages and disadvantages, has taken numerous drives to control and to bridle the ART centers. The Surrogacy (Regulation) Bill was passed by the Lok Sabha on 19th December,2018 and the same has received President’s assent on 25th Dec, 2021 in order to practice and process of surrogacy. Similarly, the Assisted Reproductive Technology (Regulation) Act, 2021 has also received the assent of the president for the regulation and supervision of the Assisted Reproductive Technology herein after called as ART. This is a significant pace taken to end commercial surrogacy in India. This article, attempts to put forth the effort to contemplate the notion of surrogacy and surrogacy law in India. To a greater extent, the paper also focuses on the idea of the malleability of surrogacy in mythology. It is appropriate to note here that in India commercial surrogacy is legal. Many infertility couples, even outsiders approach India for their carving to set off parents. Albeit both the parties acquire good sake out of this procedure, however, there are some indubitable legal proceedings which are exceptionally mind-boggling and entail, inscribed and set on by umbrella legislation. Surrogacy entails a squabble of profuse interests and has memorable effects on the foremost section of the community. Finally, the paper is concluded by giving suggestions. Key words: -Surrogacy, Commercial Surrogacy, Surrogacy Act, Assisted Reproductive Technology, surrogacy and mythology etc.

Study related to medical and legal aspects of surrogacy in India

India has arisen as surrogacy capital and objective inasmuch as couples from various nations, include beyond too many years. Fruitfulness facilities working across India, offering planned impregnation, IVF and surrogacy administrations towards Indian residents and unfamiliar couples have expanded decisively. With blast include surrogacy, there are expanded cases appropriate to perplexing legitimate and moral issues. Episodes appropriate to unscrupulous practices like double-dealing appropriate to substitute moms, particular rearing, forsaking appropriate to youngsters have expanded. This paper features different case situations include India and timetable appropriate to different guidelines carried by public authority appropriate to India towards control surrogacy administrations. Different rules and guideline bills across period have been examined include straightforward tables with modern surrogacy guideline bill appropriate to 2019. Issues not tended towards include new Indian guideline have likewise been examined.

Valuing Women’s Labour: Some Notes on the ‘Compensated’ Model of Surrogacy

Commercial surrogacy is India is currently practised amid an ambiguous, uncertain legal landscape. The article is set predominantly against the backdrop of surrogacy in India following the Surrogacy (Regulation) Bill of 2016, currently passed by the Lower House as the Surrogacy (Regulation) Bill of 2019, which calls for banning commercial surrogacy while only permitting altruistic surrogacy by a ‘close relative’. The state argues that commercial surrogacy must only be altruistic in nature, to protect women against trafficking or exploitation. The logic of altruism, or surrogacy without payment, is perceived as the solution to unchecked exploitation and to deter impoverished women from turning to commercial surrogacy as a means of livelihood. A 2016 Parliamentary Standing Committee (PSC) proposed a ‘compensated’ model of surrogacy where the surrogate mother’s medical expenses and loss of wages are covered. The article attempts to look critically at these framings of commercial, altruistic and compensated relations by analysing the connections between individual choice, the role of the family and the relationship between the private and the public. The article will draw from government reports published in the wake of the 2016 Surrogacy Bill, specifically the report passed by the PSC on Health and Family Welfare which submitted the 102nd report in August 2017, and the report submitted by the Select Committee of the Rajya Sabha (RSC) in 2019 to offer a critique of altruism and ‘compensation’ by looking at the ways in which the family, the market and the state interact. The article will also draw from ethnographic findings to look at the ways in which surrogate mothers position their own labour—at the intersections of familial and financial obligations—to articulate their roles within the processes of commercial surrogacy.