Surrogacy in India

Surrogacy is a process through which couples that couldn’t have children either because of medical impossibility of pregnancy, or undesirable complications or dangers to the mother’s health. It is basically an agreement through which a woman agrees to carry a child for another individual(s), who’ll be the child’s parent(s) once it’s born. There are two ways this is done.
1. Straight or traditional surrogacy: Natural or artificial insemination is done. The intended father’s sperm may be used, which will result in the child being genetically related to the intended father and the surrogate mother. If a donor’s sperm is used, the child is only related to the surrogate and the donor.
2.Host or Gestational Surrogacy: Also known as full surrogacy, in this process, an embryo is created by in vitro fertilization (IVF) and then implanted in the surrogate. There are four ways Host Surrogacy works, which are:
 Embryo is created using the intended father’s sperm and the intended mother’s eggs, resulting in a child who is genetically related to both intended parents.
 Embryo is created using intended father’s sperm and a donor egg, resulting in a child genetically related only to the father.
 Embryo is created using intended mother’s egg and donor sperm, resulting in a child genetically related only to the mother.
 Sometimes, leftover embryos from previous IVFs can be donated to others. That can be implanted in a surrogate, resulting in a child genetically unrelated to the intended parents.

Some surrogate mothers (those who carry the child and give birth) charge money for their services, while others may do it for free (mostly those who are close to the real parents.) The former’s termed as commercial surrogacy, while the latter as altruistic. Surrogacy is a widely practised thing in the whole world, with many hopeful couples getting into international agreements with surrogate mothers. However, it is illegal in many countries, including Canada (commercially illegal), France (either type illegal) and Hungary (commercially illegal.) Even in the countries it is legal, it is governed by strict laws, for example, in many (larger part) countries, and the surrogate mother is regarded as the child’s legal mother.

India has been no stranger to surrogacy.In fact, India had been an emerging world leader when it came to commercial surrogacy, which was legal in India since 2002, until the Surrogacy Regulation Bill of 2016. The key highlights of the Bill were:

• The intending couple must be Indian citizens and married for at least five years, with at least one of them being infertile. The surrogate mother has to be a close relative, who has been married and has had a child of her own. The Bill, however, does not define the term ‘close relative’.
• No payment other than medical expenses can be made to the surrogate mother, and the surrogate child is deemed to be the biological and legal child of the intended parents.
• Central and state governments will appoint appropriate authorities to grant eligibility certificates to the intended couple and the surrogate. These authorities will also regulate surrogacy clinics.
• Undertaking surrogacy for payment, advertising it or exploiting the surrogate mother will be punishable with imprisonment for 10 years and a fine of up to Rs 10 lakh.

This bill, although approved by the cabinet has still not been passed.The bill faced backlash from not just the opposition but also women who are currently involved in commercial surrogacy – these would be women who go from having a stable source of income to nothing at all.