Tuesday, 24 November 2015

Surrogacy - the ethical and legal issues surrounding it

For a couple who is childless and medically unfit to have a biological baby, the science that has brought forward surrogacy as an option - seems more of a boon than they could have expected. For it gives them a chance, at having a child, which can have a genetical link to at least one of the parents.

But other than that, what about the legal and ethical issues? Supreme Court in 2008 declared commercial surrogacy (which involves additional payment to the surrogate mother) permissible in India, as against many other countries which have banned the same. The Government at present says its in favour of only altruistic surrogacy - without a money reward attached to the same. But in absence of a proper legal framework, there are many questions getting raised.

What about a surrogate child that is born unhealthy - handicapped physically or mentally? A Thai surrogate was left with a critically ill baby when only its healthy twin was taken away by the surrogate parents. This resulted in authorities cracking down on surrogacy units. 

Who bears the cost if there is a miscarriage during pregnancy? And why would strangers be willing to be surrogate mothers if they are not compensated for it - for the majority of surrogate mothers are poor and money is the only reason they are driven towards it.

Who can be allowed to opt for surrogacy? Couples who are medically unfit? Same-sex couples? Financially capable single men or women who want a child - whether medically fit or not? Couples who do not want a natural child for cosmetic reasons?

Read the different articles related to surrogacy and the questions surrounding it (links below). They tell us why a proper legal framework is so essential in a country like India, with good medical facilities where surrogacy is cheaper than the rest of the world. Before it becomes a sort of medical tourism, adequate action is critical.

Related Links:
1. The issues around surrogacy - The Indian Express
3. Regulate, don’t ban - The Indian Express

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