Surrogacy Legalities
India
Introduction
In
the past 2 decades, there has been a spectacular change in the field of reproductive technologies.
Reproductive sciences have come in with techniques like donor insemination, in
vitro fertilization and embryo transfer methods which have completely
revolutionized the reproductive environment. These techniques have infused hope
into many infertile couples, who long to have a child of their own.... Surrogacy
legalities India
Basic
Concepts
Before
one explores the conflict zones of surrogacy arrangements, it is necessary to
understand certain concepts.... Surrogate
mother India
Meanings
Surrogacy
is the practice by which a woman bears a child for another with the intention
of handing over the child to the commissioning parents, once born. The
surrogate mother is the one who gestates the child. The genetic mother is the
one who donates her ovum. The Commissioning parents are the ones who receive
the child from the surrogate after the birth of the child....
Methods
of Surrogacy
There
are two methods of surrogacy arrangements : -
Partial
Surrogacy : - This is
when the child harvested by the surrogate, shares the genetic makeup of the
surrogate mother and that of the commissioning father...
Total
surrogacy : - In this
case an embryo is created by the IVF method. It is done by combining the
gametes of both the Commissioning parents....
Types
of Surrogacy arrangements
There
are two types of surrogacy arrangements : -
Commercial
surrogacy arrangements
: - This is when the surrogate is paid over and above the necessary medical
expenses....
Altruistic
surrogacy arrangements
: - This is when the surrogate is paid only the necessary pregnancy related
expenses and at times nothing at all....
Dilemma
of Parenthood
Unexpectedly,
with the oncoming of surrogacy agreements, concepts of fatherhood and
motherhood became subject to much controversy. Motherhood was never under much
scrutiny as it was rightly thought that childbirth was the natural and
conclusive fact establishing it....
Fragmenting
Motherhood
Initially,
the biological and the social aspect of motherhood were identifiable in one
person. Now motherhood can be distinctly fragmented into three parts viz. the
genetic mother who contributes her ova for the embryo, the surrogate mother who
bears the child and the social mother who nurtures the child....
Legislative
Developments
No
surprisingly surrogacy agreements have posed a series of social, ethical and
legal issues, which needs to be carefully evaluated. This evaluation must be
read in the backdrop of the conservative attitude of the people on this
issue....
Complex
Issues
Surrogacy
arrangements have disrupted the traditional methods of procreation. This has
led to the reconsideration of serious moral, ethical and legal issues....
Conclusion
Various
enactments have dealt with the two types of surrogacy arrangements. The
striking similarity between them is the ambiguity in trying to define the two.
The general trend has been to associate payments with commercial arrangements,
presuming that altruistic arrangements involve only purity of intention.... Shipping embryos to
India , Gestational
surrogacy in India
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