16/10/2015
Surrogacy widely discussed medical technique not regulates in India. India and other third world countries like Philippines etc has become favourite destination for surrogacy. Health ministry and women commission has sent a proposal to govt. to bring law to ban NRI's and Indian origin people to have babies through surrogacy. Recently there are couple of incidents reported related to surrogacy. So some basic details of it.
Surrogacy is of two types, one traditional or complete surrogacy second gestational surrogacy. Traditional surrogacy is not new practice, it got mention in Babylonean scriptures. Here infertile woman(unable to reproduce, or couple who were not having babies), to avoid getting divorced can give permission (or helplessness) to husband to have baby of his own from another woman. In Indian ancient tradition similar practices were widely in use. (Niyoga can be considered as a type of traditional surrogacy, here infertile husband gives permission to wife to have babies from other men). As progeny(children) are considered as torch bearers of ancestry having kids(specially boy) to continue the family/ancestry was important so all these practices were adopted. In traditional surrogacy surrogate mother is genetically related to the baby.
Gestational surrogacy is resultant of modern medical advancements. Here couples who are unable to reproduce or unable to carry pregnancy or don't want to carry pregnancy(because of work, or don't want to suffer pain, or beauty conscious) or homosexual couples(last two are recent addition) etc seeking a healthy women(surrogate mother) to carry pregnancy on their behalf with or without contract(monetary allowances). Healthly couples facing danger of carrying pregnancy through IVF technique fertilize egg and s***m in laboratory condition and implant it into surrogate mother and after delivery and after initial nourishment get the baby. (Khan's of bollywood got babies like this), in another type where surrogate mother's ovum(egg) is artificially fertilized by recipient male's(recipient female egg has some medical related issue) s***m and implant in the recipient female and get baby(surrogate egg or mitochondria donor).
Traditional surrogacy is not followed widely but gestational surrogacy is widely used.
Complications- pregnancy related problems and death of baby or surrogate mother, their responsibility? when surrogate mother develops attachment with baby ( it's natural) and refuse to give baby to the official recipients how to solve? Baby delivered has any physical of mental abnormalities then recipients refuse to receive baby who will take care baby? Surrogate mother claiming rights over the baby and his/her property in future(or babies born from surrogacy find their birth secret and emotional sufferings or trying to find surrogate mothers and develop affection what will happen then? Moral questions like will the non-biological mother (recipient) can show same love and care to the surrogate baby like her own real baby(because it will be as good as adopting a baby), without enjoying(I don't know, just heard) motherhood(pregnancy and initial nourishment of baby) will that female can become good mother?recent demands of recipients for their particulates caste/religion/faith/diet donors Etc..
Keeping this in mind govt. must bring surrogacy into the ambit of law. Regulate the procedure and help the surrogate mothers to protect their rights and recipients from exploitation. Sterility is a type of natural control on growing human population I think, so how far it is right for the sterile couple to have baby? I am not sure, but it's natural urge and affection so no one can deny the right of couple to have baby. But there are numerous orphans for adoption, they are similar to the babies born from surrogacy (just that genetic material will be foreign). So govt. first bring surrogacy into law, then regulate then can think of ban or promotion.
