Model Answer
0 min readIntroduction
India has long been a prominent destination for commercial surrogacy, attracting intended parents globally due to lower costs and readily available surrogates. This has led to the country being dubbed a “surrogacy hub.” However, the unregulated nature of the industry raised significant concerns regarding the exploitation of surrogates, the rights of the child, and the ethical implications of commercializing reproduction. The Surrogacy (Regulation) Act, 2021, was enacted to address these issues, but several biological, legal, and ethical considerations still merit careful attention while refining the regulatory framework.
Biological Issues
Assisted Reproductive Technologies (ART) inherently carry biological risks for both the surrogate mother and the child. These include:
- For the Surrogate: Risks associated with multiple pregnancies (increased chance of gestational diabetes, pre-eclampsia), ovarian hyperstimulation syndrome (OHSS) due to hormonal treatments, and complications during cesarean sections.
- For the Child: Increased risk of premature birth, low birth weight, and congenital anomalies, potentially linked to ART procedures. Genetic screening and pre-implantation genetic diagnosis (PGD) raise questions about selective reproduction.
- Long-term Health: Limited long-term data exists on the health outcomes of children born through ART, necessitating continuous monitoring and research.
Regulation must mandate comprehensive medical screening of surrogates, standardized ART protocols, and robust follow-up care for both mother and child.
Legal Issues
The legal landscape surrounding surrogacy in India has evolved significantly. Key legal issues include:
- Parentage Disputes: Establishing legal parentage can be complex, especially in cases of international intended parents or disputes over genetic material. The Surrogacy Act, 2021, clarifies parentage for altruistic surrogacy, but complexities remain.
- Commercial Surrogacy Ban: The Act prohibits commercial surrogacy, allowing only altruistic surrogacy. This raises concerns about the practical implementation and potential for exploitation under the guise of altruism.
- Citizenship and Nationality: For foreign intended parents, determining the child’s citizenship and nationality can be challenging, requiring clear guidelines and international agreements.
- Contract Enforcement: Ensuring the enforceability of surrogacy agreements, protecting the rights of all parties involved, and providing legal recourse in case of disputes are crucial.
| Legislation | Key Provisions |
|---|---|
| Surrogacy (Regulation) Act, 2021 | Prohibits commercial surrogacy; allows only altruistic surrogacy; regulates surrogacy clinics; defines parentage. |
| ART (Regulation) Act, 2021 | Regulates ART clinics and banks; ensures safe and ethical practices; prevents misuse of ART. |
Ethical Issues
Surrogacy raises profound ethical dilemmas:
- Exploitation of Women: Concerns persist about the potential for exploitation of economically vulnerable women who may be coerced into becoming surrogates.
- Commodification of Reproduction: The commercialization of reproduction raises ethical questions about the value of human life and the potential for treating children as commodities.
- Psychological Impact: The psychological impact on the surrogate mother, the intended parents, and the child needs careful consideration. Emotional attachment and potential grief for the surrogate are significant concerns.
- Religious and Cultural Perspectives: Varying religious and cultural beliefs regarding reproduction and family formation influence ethical perceptions of surrogacy.
Ethical guidelines should prioritize the well-being of the surrogate, ensure informed consent, and address the psychological needs of all parties involved. Counseling services and support networks are essential.
Conclusion
Framing effective surrogacy regulation in India requires a holistic approach that balances the rights and interests of all stakeholders – the surrogate, the intended parents, and the child. While the Surrogacy Act, 2021, is a step in the right direction, continuous monitoring, evaluation, and refinement are necessary. Strengthening enforcement mechanisms, promoting ethical practices, and investing in research on the long-term health outcomes of ART are crucial for ensuring responsible and compassionate surrogacy practices in India. A nuanced approach, sensitive to both biological realities and socio-cultural contexts, is paramount.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.