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Home»Articles»Commercial Surrogacy in India: An Overview

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Asian Review of Social Sciences (ARSS)

Editor Dr. Lakshmi Narayanan
Print ISSN : 2249 – 6319
Frequency : Quarterly

Commercial Surrogacy in India: An Overview

Author : Neha Tiwari
Volume 8 No.2 April-June 2019 pp 35-41

Abstract

Commercial surrogacy is an arrangement in which a woman agrees to carry a person (s) child and is paid for her services which is beyond medical expenses associated with the pregnancy. It can be gestational as well as genetic. Though it has been supported on the grounds that it helps both the childless couple and the surrogate, it has also been criticized on the grounds that it exploits the surrogates. In the year 2002 commercial surrogacy was legalized in India. With time India emerged as the hub of commercial surrogacy for primarily four reasons. Firstly, low cost. Secondly, world class medical facilities. Thirdly, easily available surrogates and lastly, lenient rules and regulations. With time many cases begun to emerge in which different stakeholders were harassed due to the lack of codified laws. On 19th December 2018, the Indian state passed a bill banning commercial surrogacy. The paper attempts to trace the journey of commercial surrogacy in India.

Keywords

Surrogacy, Genetic, Gestational, Banned, Stakeholders

Full Text:

References

[1] Chaudhary, & Akila Cyra. (2015). The Political Economy and Legal Regulation of Transnational Commercial Surrogate Labour. Vanderbilt Journal of Transnational, 48(1), 1-65.
[2] Chaterjee, Beni. (2018, December 29). Government should not be in haste to implement surrogacy laws. Sunday Guardian Times. Retrieved from: https://www.sundayguardianlive.com/news/ government-shouldnt-haste-implement-surrogacy-laws
[3] Choudhary, Amit Anand. (2015, October 15). SC Surrogates Ban on Commercial Surrogacy. The Times of India. Retrieved from https://timesofindia.indiatimes.com/india/SC-suggests-ban-on-commercial-surrogacy/articleshow/ 49365734.cms
[4] Drabiak, K, Wegner C, Fredland V & Helft, PR (2007). Ethics, Law, and Commercial Surrogacy: A Call for Uniformity. The Journal of Law, Medicine and Ethics, 35(2), 300-309. Retrieved from: https://doi.org/10.1111/j.1748-720X.2007.00139.x
[5] Majumdar, Anindita. (2018, December 24). What is Altruistic Surrogacy. The Hindu. Retrieved from: https://www.thehindu.com/ opinion/op-ed/what-is-altruistic-surrogacy/article25814445.ece
[6] Merrick, Janna C. (1990). Selling Reproductive Rights: Policy Issues in Surrogate Motherhood. Politics and the Life Sciences, 8(2), 161-172. Retrieved from: https://doi.org/10.1017/S0730938400009709
[7] Ministry of Statistics and Programme Implementation. (2018). India in Figures. India
[8] Niekerk, Anton van & Zyl, Liezk van. (1995). The Ethics of Surrogacy: Women’s Reproductive Labour. Journal of Medical Ethics, 21(6), 345-349.
[9] Nussbaum, & Martha C. (1998). Whether from Reason or Prejudice: Taking Money for Bodily Services. The Journal of Legal Studies, 27(S2), 693-723.
[10] Pande, & Amrita. (2010). At Least I am Not Sleeping with Anyone: Resisting the Stigma of Commercial Surrogacy in India. Feminist Studies, 36(2), 292-312
[11] Poverty and Equity Data Portal. (n.d). The World Bank. Retrieved from http://povertydata.worldbank. org/poverty/country/IND
[12] Rai, S. (2010, September 21). Designer babies, with an Indian twist. Public Radio International. Retrieved from: https://www. pri.org/ stories/2010-09-21/designer-babies-indian-twist
[13] Sharma, & Neetu C. (2018, December 20th). Lok Sabha passes surrogacy bill in likely boost for adoption in India. Livemint. Retrieved from: https://www.livemint.com/ Politics/hARv5 G5wm1Fo2QQqQ43I3J/Lok-Sabha-passes-surrogacy-bill-in-likely-boost-for-adoption.html
[14] Surrogate Mom Alleges Underpayment by Private Hospital After Delivery of Twins. (2015, July 14th) The New Indian Express. Retrieved from: http://www.newindianexpress.com/cities/ chennai/2015/jul/14/Surrogate-Mom-Alleges-Underpayment-by-Private-Hospital-After-Delivery-of-Twins-783625.html
[15] The Beijing Declaration and Platform for Action. (n.d) UN Women. Retrieved from: http://www.un.org/womenwatch/daw/beijing/ platform/
[16] Wadekar, & Neha. (2011). Wombs for Rent: A Bioethical Analysis of Commercial Surrogacy in India. Tuftscope The Journal of Health, Ethics and Policy (online), 10(3), Retrieved from: http://www. nehawadekar.com/wp-content/uploads/2015/01/Neha-Wadekar_Writing-Sample-1_Surrogacy- Published.pdf
[17] Watson, & Clara. (2016). Womb Rentals and Baby-Selling: Does Surrogacy Undermine the Human Dignity and Rights of the Surrogate Mother and Child. The New Bioethics, 22(3), 212-228. Retrieved from: https://doi.org/10.1080/20502877.2016.1238582
[18] Women and Poverty. (n.d) .UN Women. Retrieved from: http://www.unwomen.org/en/news/in-focus/end-violence-against-women/2014/ poverty

Asian Review of Social Sciences (ARSS) is a quarterly international peer-reviewed journal of Social Sciences. One of the objectives of this journal is to disseminate knowledge on various research issues connected with the topics include, but are not limited to:

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Commercial surrogacy is an arrangement in which a woman agrees to carry a person (s) child and is paid for her services which is beyond medical expenses associated with the pregnancy. It can be gestational as well as genetic. Though it has been supported on the grounds that it helps both the childless couple and the surrogate, it has also been criticized on the grounds that it exploits the surrogates. In the year 2002 commercial surrogacy was legalized in India. With time India emerged as the hub of commercial surrogacy for primarily four reasons. Firstly, low cost. Secondly, world class medical facilities. Thirdly, easily available surrogates and lastly, lenient rules and regulations. With time many cases begun to emerge in which different stakeholders were harassed due to the lack of codified laws. On 19th December 2018, the Indian state passed a bill banning commercial surrogacy. The paper attempts to trace the journey of commercial surrogacy in India.

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Department of Social Sciences, College of Arts and Applied Sciences, Dhofar University, Oman
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Department of Social Administration and Justice, University of Malaya, Malaysia
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Department of Geography, University of Malaya, Malaysia
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Dr. Haris Bin Abd Wahab
Department of Social Administration and Justice, University of Malaya, Malaysia
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Dr. Mohana Dass Ramasamy
Department of Indian Studies, University of Malaya, Malaysia
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Dr. Ma Tin Cho Mar @ Noorjahan Bi Bi
Department of South East Asian Studies, University of Malaya, Malaysia
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Dr. Asbah Binti Razali
Department of Anthropology and Sociology, University of Malaya, Malaysia
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Dr. Azharudin Bin Mohamed Dali
Department of History, University of Malaya, Malaysia
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Department of Media Studies, University of Malaya, Malaysia
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    Editorial Note

    Editorial Dr. Lakshmi Narayanan

    Editor-in-Chief
    Dr. Lakshmi Narayanan
    Department of Social Sciences, College of Arts and Applied Sciences, Dhofar University, Oman
    [email protected]
    Editorial Advisory Board
    Dr. Mashitah Binti Hamidi
    Department of Social Administration and Justice, University of Malaya, Malaysia
    [email protected]
    Dr. Jillian Ooi Lean Sim
    Department of Geography, University of Malaya, Malaysia
    [email protected]
    Dr. Haris Bin Abd Wahab
    Department of Social Administration and Justice, University of Malaya, Malaysia
    [email protected]
    Dr. Mohana Dass Ramasamy
    Department of Indian Studies, University of Malaya, Malaysia
    [email protected]
    Dr. Ma Tin Cho Mar @ Noorjahan Bi Bi
    Department of South East Asian Studies, University of Malaya, Malaysia
    [email protected]
    Dr. Asbah Binti Razali
    Department of Anthropology and Sociology, University of Malaya, Malaysia
    [email protected]
    Dr. Azharudin Bin Mohamed Dali
    Department of History, University of Malaya, Malaysia
    [email protected]
    Dr. Hasmah Binti Zanuddin
    Department of Media Studies, University of Malaya, Malaysia
    [email protected]

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