Here’s an overview of the exploitation of surrogacy laws in India:
- Commercial Surrogacy:
- Historically, India allowed commercial surrogacy, where surrogate mothers were paid for carrying a child for intended parents. This led to concerns about the potential exploitation of economically vulnerable women who might enter into surrogacy arrangements for financial reasons.
- Regulatory Changes:
- In 2015, the Indian government introduced the Surrogacy (Regulation) Bill, which aimed to regulate surrogacy and address the ethical and legal issues surrounding the practice.
- The bill proposed banning commercial surrogacy and allowing only altruistic surrogacy, where the surrogate mother doesn’t receive monetary compensation beyond medical expenses and insurance.
- Concerns about Exploitation:
- Exploitation concerns primarily revolved around the potential exploitation of surrogate mothers, especially those from economically disadvantaged backgrounds, who might be coerced or compelled into surrogacy arrangements due to financial pressures.
- Lack of proper legal safeguards and oversight mechanisms raised fears that surrogate mothers could be mistreated or denied proper healthcare during and after the pregnancy.
- International Surrogacy Tourism:
- India became a popular destination for international couples seeking surrogacy services due to relatively lower costs compared to Western countries.
- The absence of strict regulations and the availability of willing surrogate mothers made India an attractive option for those unable to access surrogacy services in their home countries.
- Regulation of Assisted Reproductive Technology (ART) Clinics:
- The Surrogacy (Regulation) Bill also aimed to regulate ART clinics involved in surrogacy arrangements, ensuring they adhere to ethical standards and provide adequate medical care to surrogate mothers.
- The bill proposed the establishment of a National Surrogacy Board and State Surrogacy Boards to oversee and regulate surrogacy practices.
- Controversies and Legal Challenges:
- The proposed ban on commercial surrogacy faced criticism and legal challenges. Some argued that a complete ban could lead to an underground market, with potential for more exploitation.
- Questions were raised about the socio-economic implications of restricting surrogacy to close relatives, as not all couples have family members willing or suitable to be surrogates.
- Changing Landscape:
- The legal landscape surrounding surrogacy in India has been dynamic, with ongoing discussions and revisions to the regulatory framework.
- As of my last knowledge update in January 2022, it’s essential to check for any recent changes in surrogacy laws in India, as legal frameworks can evolve over time.
In summary, while India has been a destination for surrogacy, concerns about exploitation, ethical issues, and the need for a more robust regulatory framework have led to changes in the legal landscape. The goal is to strike a balance between allowing surrogacy for those in need and ensuring the protection and well-being of surrogate mothers.