Preview

Surrogacy

Good Essays
Open Document
Open Document
1005 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Surrogacy
THAT LIFE IN YOU IS NOT YOURS- LEGAL SCENARIO OF SURROGACY IN INDIA
There is a well-known saying with regard to surrogacy;
“The parents construct the child biologically, while the child constructs the parents socially”
Surrogacy is an arrangement in which a women carriers and delivers a child for another couple or person. This surrogate mother may be the child’s genetic mother (called traditional surrogacy) or she may be genetically unrelated to the child (gestational surrogacy).
India has a long history involving the matter of surrogacy, since 1978. Since then the field of assisted reproductive technology developed with an upsurge. But legally the laws related to the surrogacy are still in the juvenile phase. There is no codified law or any other legislation in our country until the data on this particular topic. The incident of commercial surrogacy had undergoing at fast pace.
In India, the village of Anand, at Gujarat, is now popularly known as the ‘cradle of the world’. Dr. Nayna Patel is the, so called founder of the commissioning of commercial surrogacy in India, as it can be called due to its growing rate and demand. It is in 1984; the first gestational surrogacy in the world was reported. India. India followed it10 years from then with ever increasing rate every year. The cities of Bangalore, Chennai and Bombay has taken this is as a monument. Commercial surrogacy has been legal in India since 2002. India is gaining popularity as a sought after destination in surrogacy related fertility tourism. The legal scenario relating to surrogacy is in its nascent stage, is the legal environment is favorable. Providing due consideration to the apex court direction, the legislature has enacted the Assisted Reproduction Technology Bill, 2008. But it’s still dormant in files. It is a relief that, the law commission of India, has specifically reviewed the surrogacy law, having the correct notion that India in emerging as an international destination. There is every

You May Also Find These Documents Helpful

  • Better Essays

    “I grew to love her; she was my child!” cried Mary Beth Whitehead in a desperate attempt to keep her child. This emotional battle between the surrogate mother and the client cast a disturbing light on the ethical and legal concerns regarding surrogacy. Is surrogacy ethically permissible? Mass media coverage associated with Baby M’s case normalized the use of surrogacy in the U.S. (Markens 174). However, different methods of surrogacy bring about different consequences. Types of surrogacy include genetic, total, full, commercial and altruistic surrogacy. Full and altruistic surrogacy promotes a positive relationship between the parents, surrogate, and society while international surrogacy, in the form of commercial surrogacy, can cause a negative…

    • 1894 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    Advancements in modern technologies in the field of assisted reproductive technology (ART) have opened up the world to a vast array of possibilities. Scientists have developed the ability to retrieve and preserve individual gametes and embryos by way of cryopreservation, a technique that involves preserving biological materials at very low temperatures outside the body for years. . This field of in vitro fertilization (IVF), worth $2 billion annually in the United States, has forced us to think about human tissue in ways never before thought possible. These advancements have meant that it is now possible for children to be conceived after the death of one of their genetic parents. The first reported case of posthumous sperm retrieval (PSR) was in 1980 and between then and 1995 there were 82 requests for PSR in the US alone. While PSR has enabled males (predominately), previously deemed sterile once again fertile, it has posed a number of issues that have been described as the “most challenging, difficult and sensitive that are likely to be encountered in the field of medicine”. Jocelyn Edwards; Re the estate of the late Mark Edwards represented the first time in NSW that a woman was allowed to harvest the sperm of her deceased partner. However, it highlighted a number of issues concerning the control of processes involving gametes, the right to use and control them and whether gametes can actually be considered as property, as well as the obvious moral and ethical issues with completing such a radical procedure. Furthermore, there are those that concern the rights of the child, as well as the danger of commercialisation. This essay will explore each of the policy issues raised in Re Edwards and the concerns for the broader community spectrum as a whole.…

    • 2744 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Some examples of actual and alleged unethical conduct in practicing assisted reproductive technologies (ART) have given rise public debate about these rapidly progressing technologies. In certain instances it was believed that eggs stored for posterity by patients were used to impregnate others without any explanation, permission, or the informed consent of the parties. Although this was not the first time revelation of potential deception has ever come to light in the field of ART. There have been other cases where a doctor who operated a private clinic used his own sperm for artificial insemination without the patients consent. (Riddick, 2006) The following discusses assisted reproduction, surrogate parenting, what are the implications on the definition of parenting, is surrogate parenting good or bad, as well as if surrogate parenting a way to exploit the poor.…

    • 1281 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    The majority of parents claim to select gender solely for the reason of sex linked illnesses. Although this might be true in some countries, others are abusing this knowledge to select gender for non-medical reasons. For instance, in countries such as China, where men carry the ancestral line, the families prefer boys instead of girls. Girl fetuses are often aborted after finding out the sex through an ultra sound. Yet, with the newer technology of IVF and PGD, it permits an easier way of gender selection. After PGD, the desired gender embryo is implanted in the woman’s uterus (Gender). However, by not even giving female embryos a chance, it is promoting sex discrimination and cultivating a gender imbalanced society. In China, there are approximately 62 million “missing” women and girls due to sex selective procedures (Hvistendahl). As the population of the female decreases the male population skyrockets. This all results in kidnapping and female trafficking, who are later sold as brides to men (Gender). Dr. Nisker, a PGD pioneer, presumed that sex selection or PGD would be used mostly by infertile couples. He states, “Fifty-eight percent of the calls were from fertile couples. I never thought for one minute this would be used by fertile couples”. Unlike what he had thought, he found the facts to be shocking (Gonda). The practice of gender selection for nonmedical purposes is unethical…

    • 1924 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    The options available for those dealing with infertility problems include artificial insemination, a surrogate mother, assisted reproductive technology; in vitro fertilization, zygote intrafallopian transfer, and gamete intrafallopian transfer. Each option is different from the other and each can be complex. Also, the options do not guarantee a resolution to infertility problems. Of the options listed, Assisted Reproductive Technology (ART) encounters legal, ethical, and personal dilemmas. Many people choose to use ART because their attempts to have children on their own have proven to be impossible. Legal and ethical issues arise when the extra embryos that result from ART are put up for adoption or given to another woman. Women in countries…

    • 187 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    This is described as a non-nuclear family arrangement in that the family allows a third party into their family relationship to play the role of a birth mother. Surrogate parenting raises various ethical questions. There are various forms of surrogate parenting. These include traditional and gestational. In traditional surrogacy, the mother shares genetic information as the child since she acts as a sperm recipient. The gestational surrogacy involves insemination with fertile ovum of the infertile couple. Therefore, she does not share genetic information as the child. The ethical dilemma that exists in surrogate parenting is whereby commercial surrogacy is viewed as exploitative to poor single women. The woman is viewed as a mere incubator while her money is siphoned by the surrogate agencies. The child is traumatized on discovering that the mother raising him/her is not her biological mother due to different genetic information. This leads to acrimony in the family. Some organizations claim that surrogacy leads to commoditization of babies as mere goods. This shows a lack of respect to the human being as a whole (Gillian,…

    • 1524 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    What is the reality of surrogacy today? Is it the miracle of helping couples complete their families with a baby? Is it pushing technology to surpass Mother Nature so that infertile couples or same sex couples can have a child of their own? How far will we go as a country, a nation, or a world to ensure a couple has a baby? Are the motives surrounding this process in the best interest of the families and the baby? The reality of surrogacy is the demand. With demand comes great responsibility and with the demand for surrogacy growing so rapidly, we have a responsibility to ensure the safety of the surrogate, couples seeking surrogacy and the child. To ensure safety, laws and regulations must be implemented not only state wide but nationally as well.…

    • 1457 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    IVF and surrogacy give women who cannot give birth options to produce their own children. However, regardless of their benefits, there are more risks involved than there is in a natural birth. In chapter 4, benefits and risks of IVF and surrogacy are weighed and the extent that the usage of these methods should be limited is called into…

    • 321 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Infertile Couples

    • 503 Words
    • 3 Pages

    For this treatment the sperm from the partner is inserted into the woman’s womb in the hope that it will fertilize the egg. The alternative of this is called artificial insemination by donor. This treatment is commonly used when the partner’s sperm is infertile. For the treatment to take place the sperm of a donor, usually anonymously, is medically inserted into the mother’s womb. If partners have tried some of these treatments and they still are having problems with infertility, there is one more commonly used alternative method used Surrogacy. Surrogacy is basically when another woman carries a baby for the infertile couple by one of two ways. The first is traditional. This is when the partner’s sperm is used to fertilize the egg of the surrogate mother using artificial insemination. Gestational surrogacy is when IVF is used to create an embryo using the natural parent’s egg and sperm. After this the embryo is inserted into the surrogate’s womb. In both types of surrogacy, the surrogate carries the baby to full term before handing it over to the…

    • 503 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Middle Adulthood Essay

    • 418 Words
    • 2 Pages

    Surrogate parent is when the grandparents become someone who takes care of the grandchildren by disciplining and raising them while the parent is unavailable. This could be an example for when a parent is working long hours or going to school, the grandparent will step in and help (PPT,…

    • 418 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Unlike Rothman, Vida Pantich author of “Surrogate Tourism and Reproductive Rights” does not regard surrogacy as baby-selling, nor is she convinced by arguments that suggest separating children from mothers is detrimental. Instead, Pantich claims that the argument should be aimed towards the global perspective because commercial surrogacy no longer just concerns women in one county, across the globe couples are crossing borders to find surrogates at a much cheaper price than developed nations (275). As a result, the Pantich claims that the real argument lies on whether commercial surrogacy exploits women in underdeveloped…

    • 1113 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Surrogacy is not a new concept, but rather it is believed to be the oldest alternative to a male and female partner conceiving a child by sexual intercourse (Fisher, 2013). There are two types of surrogacy which are traditional surrogacy and gestational surrogacy. A traditional surrogate is inseminated with the sperm of the intended father or with donor sperm through in vitro fertilization or IVF, and the surrogate uses her own egg and the surrogate is genetically related to the child. A gestational surrogate has an embryo placed into her uterus, also through IVF, but the surrogate’s egg is not…

    • 1518 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    The surrogate motherhood controversy has been an ongoing battle for many years with two different sides giving their viewpoints. This has created much of a battle over recent years. Surrogate motherhood controversy has stirred up many critics and authors viewpoints to justify whether surrogacy should be practiced at all and if it should be legalized. While interpreting and analyzing the debate on whether surrogacy has ethical or moral values, or if it has turned the creation of a child into a new form of commodity to individuals, especially the women who bear the child for childless couples.…

    • 3706 Words
    • 15 Pages
    Powerful Essays
  • Good Essays

    Essay On Infertility

    • 378 Words
    • 2 Pages

    There are few cases where the conventional options cannot be used for having a baby. In such cases, couples can solicit the assistance of a third party to provide sperm, egg or carry a child for them. This is termed as ‘surrogacy.’ Women without uterus or with uterine diseases or with hysterectomy done can choose surrogacy for having a…

    • 378 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Cafs

    • 728 Words
    • 3 Pages

    Surrogate motherhood raises difficult ethical, philosophical and social issues. There is debate in the community as to the wisdom of surrogacy arrangements. There is scope for disagreement as to the morality of aspects of such reviews the arrangements. This Chapter reviews the arguments for and against surrogacy, including the moral bases for making judgements about surrogacy. In raising these issues the Commission is seeking guidance on community attitudes to assist in formulating principles on can he made.…

    • 728 Words
    • 3 Pages
    Good Essays