INTRODUCTION
Nature has endowed women with the remarkable ability to create life, and motherhood is a cherished experience for every woman. The right to have children is a fundamental right of every individual[1], and the desire to have children is universal among couples. The agony of not being able to realize this desire for parenthood is tremendous because it is a life-altering and enormously fulfilling event[2].
Fortunately, advancements in infertility treatments have enabled many couples to overcome these challenges. The institution of the family is regarded as being of utmost importance around the world, and the birth of children is seen as both a source of joy for parents and a requirement for carrying on the family line.
Psychologists also contend that having a kid can foster closeness between partners that, in the long run, can support even troubled marriages. However, a significant portion of the population cannot have children for multi-faceted reasons. According to research, such issues arise in one in six relationships, and to solve this problem, an alternative to “Commercial Surrogacy[3]” has been introduced
Commercial surrogacy, also known as gestational surrogacy, is a practice where a woman agrees to carry a pregnancy for a fee, usually on behalf of another person or couple who is incapable of conceiving or carrying a child themselves[4]. In India, commercial surrogacy became legal in 2002[5], and since then, it has grown into a multi-million dollar industry. India is known as a hub for surrogacy, attracting intended parents from around the world who are seeking affordable surrogacy options. The country's low cost of living and favourable legal environment for surrogacy have made it an attractive option for those seeking alternative routes to parenthood.
The topic of commercial surrogacy in India is important to discuss because it raises ethical and legal questions surrounding the commodification of women's bodies, the exploitation of surrogate mothers, and the potential consequences of unregulated surrogacy. Important issues, including child rights, access to reproductive rights, and the government's role in regulating surrogacy arrangements, are also raised.
As such, it is important to examine the surrogacy industry in India in-depth, including its growth, the regulations and laws surrounding it, the perspectives of surrogate mothers and intended parents, and the potential implications of surrogacy for all involved. By examining these issues, we can gain a better understanding of the complexities and controversies surrounding commercial surrogacy in India.
The practice of surrogacy is not new; it has been around since the time of the Bible. When “Sarah”, “Abraham's” barren wife, persuaded her maid Hagar to carry a child with Abraham, it was the first known incidence of surrogacy[6]. Hagar gave birth to a boy named Ishmael despite the fact that Abraham was quite old. When Rachel, Jacob's wife, requested that her maid Bilhah carry a child for Jacob, this was another instance of surrogacy in action[7].
As numerous Pharaohs urged their concubines to assist them in producing an heir, surrogacy was also widespread in ancient Egypt[8]. A. Leeuwenhoek, a Dutch scientist, made the first known discovery of spermatozoa in 1677, beginning centuries of study on the idea of artificial insemination[9]. John Hunter, a Scottish surgeon, performed the first successful artificial insemination in 1790[10]. In Vitro fertilization was originally attempted on guinea pigs in 1880, and the first successful procedure was carried out by French scientist Heape in 1891[11]. Beginning around 1920, artificial insemination using the husband's or the sperm of a chosen donor became a popular method of treating infertility,y.
INDIAN HISTORY OF SURROGACY
Hindu mythology provides examples of surrogacy and emphasizes the secrecy that still surrounds this technique. Vasudev prayed to Vishnu in the Bhagavata Purana to stop Kansa from killing all the newborn boys. Then, Devaki's womb produced an embryo, which Vishnu then transferred to Rohini, another Vasudev wife[12]. Rohini gave birth to Krishna's sibling, Balarama, who she raised in solitude while Vasudev and Devki informed Kansa that the infant was stillborn[13].
In the Mahabharata, instead of delivering a kid, Gandhari gave birth to a semi-solid substance that Maharishi Vyas split into 100 pieces and placed in various pots. Consequently, the 100 Kauravas came into being. Thousands of years after the events of the Bible, in 599 AD, Mahavira, the 24th Trithankar, was born as a result of an embryo being transferred from one woman's womb to another. When he was conceived by Devananda, the Brahmin Rishabdeva's wife, the gods carefully moved him to Trishala's womb. In summary, the development of surrogacy in India has been a convoluted and dynamic process.
COMMERCIALIZATION OF SURROGACY IN INDIA
It is challenging to picture a child in a commercial. After all, infants are made out of love, not money, and are made in a place that is not used for commercial purposes. For as long as there have been manors or factories, poor parents have seen their children as potential financial assets, weighing the expenses of raising them against the potential returns of the rice field. In countries such as India, surrogacy has also become a profitable industry, bringing up some difficulties that have caused political controversy. Legal scholars have examined the issues of jurisdiction and contracts, while feminists have discussed the alienability of women's bodies. The surrogacy industry is sizable and expanding. Many aspiring parents are willing to pay another woman to give birth to their children since they have the money to do so.
In India, the business of "wombs for rent" or commercial surrogacy is expanding. People who oppose surrogacy have called it a "baby booming business," "womb on hire," "baby firm," and "parenthood by proxy."Surrogacy is a commercial arrangement rather than the normal biological purpose of a woman's body. Operating agencies offering surrogate services benefit handsomely from recruiting, advertising, and other means. A few of the issues raised by the commercialization of surrogacy are a black market for baby sales, breeding farms, the exploitation of poor women as surrogates, and the possibility of selective breeding for a charge. Owing to surrogate moms' simple accessibility and the relatively low cost of this procedure compared to other nations, the surrogacy sector is expanding in India. Surrogacy has become a complicated topic in India due to a lack of legal action. Currently, “India's $445 billion surrogate motherhood industry is under intense social pressure”. In 2002, commercial surrogacy became legal in India, the only other nation in the world to do so. The majority of Indian surrogate moms receive payment in nine monthly instalments on average. They frequently receive no payment if they are unable to conceive, and they occasionally lose some of their fees if they miscarry. In India, the amount of money paid to surrogate mothers may seem small, but it can make a big difference for their families and is often used for important needs like housing, education, and healthcare. Indian clinics offering surrogacy services are becoming more competitive and can offer packages at a much lower cost than in other countries, making India a popular destination for surrogacy. Surrogacy cases have increased by over 150% in recent years, with towns like Anand and cities like Indore, Pune, Mumbai, Delhi, Kolkata, and Thiruvananthapuram being popular places for finding surrogate mothers. In cities like Indore, Pune, and Surat, private clinics have expanded significantly and serve as middlemen between foreign couples and surrogate moms.
Remarkably, India permits surrogacy despite the Transplantation of Human Organs Act of 1994, which outlaws the selling of human organs. Thus, the 100 Kauravas came into being. Mahavira, the first Hindu, was born as a result of an embryo being transferred from one woman's womb to another. The 24th Trithankar occurred in 599 AD, hundreds of years after the biblical events. When he was conceived by Devananda, the Brahmin Rishabdeva's wife, the gods carefully moved him to Trishala's womb.
In conclusion, surrogacy is a flourishing industry in India, with affordable pricing and wide availability of surrogate mothers. It has become a popular destination for childless couples worldwide seeking the possibility of having their biological children.
SURROGACY AND ADOPTION: COMPARISON
Before the advent of Assisted Reproductive Technology (ART) and surrogacy, adoption was the only means available for infertile couples to have children[14]. However, some have questioned the need for surrogacy when adoption is an option, leading to the prohibition of surrogacy in several countries. For example, in the US state of Michigan, infertile couples are encouraged to adopt rather than pursue surrogacy[15]. This position, however, is not practical since adoption is often a complex, time-consuming, and expensive process, with strict criteria regarding age, marriage, and other factors that must be met before the adoption process can even begin.
Additionally, adoption lacks a genetic connection between the parents and child, which can result in a lack of emotional attachment and even bitterness in the relationship between the child and parents. Surrogacy, on the other hand, creates a blood relationship between the intended parents and child, establishing natural bonds of love and affection that are essential for a healthy parent-child relationship. This is one of the most significant advantages of surrogacy over adoption and one of its greatest achievements.
Surrogacy has revolutionized the way infertile couples can have children, allowing them to experience parenthood in a more natural and fulfilling way. Although adoption remains a valid option, surrogacy offers several benefits that make it a more attractive choice for many couples. It's critical to thoroughly weigh all of your alternatives and base your selections on your requirements, interests, and circumstances.
Nonetheless, surrogacy has proven to be a powerful tool in the fight against infertility, giving hope and joy to countless couples who otherwise might have remained childless.
CONCLUSION
India has been a prominent place for commercial surrogacy for four key reasons: easy access to surrogates, world-class medical facilities, reasonable rates, and compassionate regulations. As a result, folks looking for surrogate moms are flying to India from both within India and from neighbouring countries. As India became the centre of commercial surrogacy, the support surrogate mothers, commissioning parents, and the newborn faced new challenges. Surrogates handle difficulties that are economic, social, legal, and medical in nature. The primary hurdle for pregnant parents who live abroad is returning to their home country with their child. The issue of nationality had been a barrier for many surrogate babies. Despite all of the challenges, commercial surrogacy has been developing and prospering. That it benefits both childless couples and surrogates is the main justification offered in its favour. Both the surrogate's financial situation and the childless couple's are improved. Without developing a legal justification or soliciting input from the relevant parties, the entire Bill was prepared. Even if the Supreme Court of India has ruled that homosexuality is no longer a crime, homosexuals are nonetheless barred from utilising surrogacy to have children[16].
The bill does not include homosexuals; instead, it excludes them, which is not by the law of the state itself and is inherently against it. There may be a variety of instances in which the couples are unable to find a close relative to fulfil the surrogacy, and in those cases, they would be denied the opportunity to have a child, which is also fundamentally wrong and infringes on their fundamental rights. As a result, rather than improving This proposed law may have disastrous consequences for the nation's morals. To go towards incorporating intending couples and allowing any deserving individual to obtain a child through surrogacy if truly necessary, the government must reconsider the proposed bill and reform the surrogacy policy. The economy would suffer as well if homosexuals were barred from entering or excessively severe processes were imposed.
WORK CITED
[1] Constitution of India, art 21.
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