India Surrogacy Law (2019)

According to India today, “On Monday, the government introduced the Surrogacy (Regulation) Bill, 2019 in the Lok Sabha. According to this law only married women can be used as surrogate mothers and that too only once in her lifetime. Additionally, the woman should be married and must have her own baby and should be under the age of 25-35 and only married couples who have completed 5 years or more of their marriage can opt for the surgery, as per the Statement of Objects and Reasons of the bill, which was introduced by Health and Family Welfare Minister Harsh Vardhan.”

After reading this law some question arise in our mind- What’s this law all about? Who is surrogate mother? And why the law has changed?What violation they are facing? Let’s try to answer some of these questions-

IVF is a great option to today’s generation for those couples who are struggling to have a baby.Now they can start their family just through the Petri dish and implanting that embryo in the mother to be womb. The process looks amazing and a good opportunity for such couples.

IVF Stands for In Vitro Fertilisation. When due to some problems a woman is unable to conceive a child in her womb, or the egg and sperm of mother and father unable to fuse inside the mother’s body. The couple face problems in having baby. In such cases in vitro fertilisation i.e fertilisation of egg and sperm in laboratory by providing the appropriate environment is a boon for couples. The fertilised egg is then implanted to the mother’s womb. And they finally succeed in having a baby of their own.

The process looks simple but actually it’s not. The chances of success in this are very few still in india. And in some cases, where mother unable to conceive a child in her womb. The couple need a surrogate mother who will conceive their child in her womb for 9 months.And then after birth give them their child.

surrogacy was legalised in india in 2002 but it came into existence when Dr. Nayna H. Patel, from Gujarat, India did a successful gestational surgery in which he used grandmother as a surrogate mother.

Violation Against Surrogate Mothers In India

Surrogate mothers aretreated justas “biological objects” that would be used or abused. The potential feelings and emotions of surrogate mothers, their rights and privileges,arefully undermined significantly in Asian nation, as enforcement is unfit within the Indian context.sadly, andmost significantly. Although there could also be laws to secure the rights of surrogate mothers,they're rarely used to the advantage of poor folks.

Economic Impact–it's true that the mother is given a decent quantity of cash that she will never dream of earning by the other ways and jobs.The amount she gets is up to 10 years wage of her husband in rural Asian nation.

In case where as reprehension the mother who has already five kids of her own and he or she is carrying a surrogate kid as a result of she was planning to use that money for her daughter’s wedding and for building a house, She is forced by her husband to hold the surrogate kid while not bothering concerning her health.this is often exploitation by the husband. He can assume that his spouse may be a machine for earning cash.Therefore, it will create him as a lazy and alcoholic person and also the force are borne by the ladies.Therefore, she is physically exploited,showing emotion exploited and additionally suffers the economic impact.

Social Impact– In Asian nation there's a social stigma for the mother as she is dealing with her uterus for cash.This is not explored as a healthy occupation and nice approach of earning cash. This angle is within the rural areas where it's thought as an immoral act.

Emotional Trauma– no emotional feeling of the mother for the kid.As per the contract the mother must sign an agreement that relinquish all parental right over the kid and it's accepted that the motherwill haven't any emotional attachment with the kid.