Surrogacy and women′s right to health in India: Issues and perspective

Abstract

The human body is a wonderful machine. The future of child birth in the form of test tube babies, surrogate motherhood through new reproductive and cloning technology will introduce undreamt of possibilities in the sexual arena. Surrogacy is a method of assisted reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child for others to raise. In some jurisdictions the possibility of surrogacy has been allowed and the intended parents may be recognized as the legal parents from birth. Commercial surrogacy, or "Womb for rent", is a growing business in India. In our rapidly globalizing world, the growth of reproductive tourism is a fairly recent phenomenon. Surrogacy business is exploiting poor women in country like India already having with an alarmingly high maternal death rate. This paper talks about paternity issues and women's right to health in context of surrogacy. Government must seriously consider enacting a law to regulate surrogacy in India in order to protect and guide couples going in for such an option. Without a foolproof legal framework, patients will invariably be misled and the surrogates exploited.

“Wealthy Gay Couples Buying Babies Produced in India by Poor Womb-Women: Audience Interpretations of Transnational Surrogacy in TV News

“…In transnational commercial surrogacy, Indian surrogates became increasingly popular among intended parents in the last decade, especially in Western nations. Permissive laws, an English speaking environment, well-equipped private clinics, qualified doctors and cheaper services attracted intended parents to India (Pande, 2015;Twine, 2015;Kumar et al, 2013). Nonetheless, the main reason contributing to this phenomenon was the relatively low cost of the process, particularly when compared to other places where transnational commercial surrogacy is also legal and recurrent, such as California (United States).…”

“…This complex situation heightens the controversy surrounding inequalities between the Global North and the Global South within the arguments used against surrogacy: infant trafficking, commodification, women oppression and exploitation, wealthy westerners' consumption supplied by poor countries, etc. Of special note are the deplorable conditions for women in surrogacy clinics in India, described as "baby factories" or "baby farms" where they live in overcrowded conditions with the sole function of eating and producing babies (Kumar et al, 2013;Kroløkke & Pant, 2012;Riggs & Due, 2010).…”

Maternal and child health from a human rights perspective: the Indian scenario and nuns as community health enablers

“…In a country like India with an already alarmingly high maternal death rate, the surrogacy business is exploiting poor women, especially the illiterate from rural areas. 24 Often, a surrogate mother may get treated like a commodity, too, as she may be, against her will, coerced by the family for economic gain. Frequently, women who rent out their wombs in such situations are poor and ignorant, and often have no idea of possible consequences.…”

Recent trends in reproductive tourism and international surrogacy: ethical considerations and challenges for policy

“…In Georgia, surrogacy is legal, but the rules strictly prohibit surrogates from exercising any rights over the child. 32 Some countries, like Russia, require that there be a medical reason for surrogacy. 33 …”

“…Meanwhile, in the People’s Republic of China, surrogacy was banned in 2001, though there are reports of a thriving underground black market for surrogacy services. 32 The Chinese approach is not surprising, given that country’s history of promoting policies to limit population growth.…”