ETHNIC AND LEGAL ISSUES OF SURROGACY IN INDIA

Abstract

India has developed itself in to a country with world class medical facilities, with prices far lower than most developed countries. Medical tourism accepted as a crucial form of tourism in India, however, the proliferation of the industry has exposed a few darker spots as well. One such issue is the thriving institution of fertility tourism in India, popularly called commercial surrogacy. In a developing country like India where still poverty is a major concern the poorer husbands are driven to direct their wife for surrogacy as an income generating option. Chasing dreams of financial independence, thousands of poor Indian women have found work as surrogate mothers helping to turn this country in to a favoured destination for foreign couples who can’t become pregnant on their own. Since the inception of commercial surrogacy, many legal and ethical issues have sparked unpleasant legal questions surrounding commercial surrogacy involving foreigners. Due to lack of proper Legislation, both surrogate mothers and intended parents are somehow exploited and the profit is earned by middle men and commercial agencies. There is no transparency in the whole system and the chance of getting involved in legal problems is there due to unpredictable regulation. In some cases, cross boarder surrogacy leads to problems in citizenship, Nationality, motherhood, parentage and rights of a child. A comprehensive legislation dealing with all these issues is very imminent to meet the present situation created by the reproductive science and technology which have no clear answers in the existing legal system in the country. This research paper aims to explain the legal issues around the surrogacy system in India.