Commericial surrogacy is a boon.
It has been a common practice in India since the year 2002. And beacuse of the huge cost–factors involved in foreign countries, many couples travel to India for fulfilling their dream of having a baby.
Thousands of infertile couples, gay couples, single male parents depend on commericial surrogacy for a chance to get their lives filled with a new life. The new life that they will care for.
Even celebrities have been taking advantage of the services for a while now.
But what ‘s the real truth behind commercial surrogacy?
Even though it sounds dreamy and too real from outside, as a matter of fact, commercial surrogacy is flourishing like a black market illegal business that literally uses women as children minting institute.
Hardly any couple or client knows the harsh reality of the kind of commericial surrogacy which is practised in India.The reason is that Indian fertility clinics promises to provide surrogacy at the bargain basement cost.
They do this by paying the surrogate mother very less. Which is why most of the couple don’t bother to know the health and living condition of the surrogate mother at all.
The sad reality is that, the surrogate mothers has to go through the entire process of pregnancy and delivery under inhumane conditions. They don’t get proper care. And sometimes are even forced to deliver the child early and as soon as they are healthy enough, they are made to concieve again.
Did Government take any actions so far?
In March 2017, the commercial surrogacy was legally banned for everyone in India. It just had a few exceptions like accessing “altruistic surrogacy”. This meant that only a female family member of the couple can be the surrogate mother without any payments involved.
This brings us to the actual reason as to why was Commercial Surrogacy Banned in India?
Like many other complicated practices, surrogacy is also a very complicated issue, involving parents, families and an outsider who is going to carry someone else’s child for money. The chances of one or the other party getting hurt, or abandoned or betrayed are very high; risk bearer being the surrogate mother in question.
These were some highlighted issues many women faced when they opted to be a surrogate mother:
1) Women were exploited physically
Women who were in the business of being surrogate mothers were being exploited physically. They got paid a very low price for the entire service. And were made to get pregnant several times one after the other, despite the law dictating that one woman can be a surrogate only twice.
Even girls who were never pregnant were thrown into the surrogacy business.
2) Services were client-focused
Women were treated like a money minting institute whereas, all the services are client-focused. Like offering pre-term births as per the availability of the client. And making the client secure by harnessing a no-strings policy.
3) No regulated laws to support surrogate mother’s human rights
If a child was born with disability, there was no safety net for the surrogate mother or the child. Client could opt for other options, provided they pay the clinics well.
4) The in-humane conditions surrogate mothers are kept in
Not providing a supportive environment or exploiting women who work in the business was common by the clinics.
Is the ban being ppracticedin India?
Although, the government banned the commercial surrogacy keeping in view the subjugating factors, like any other law, this one also has its own loopholes.
And that’s what these clinics explore. Hence, the commercial surrogacy is still in practice illegally leaving horrific tales of suffering mothers behind.
On the other hand, for couples who are really in dire need of such services, with no female family member available to carry their child, also need respite from the total ban.
So, Should the commercial surrogacy be legalized?
Yes, but with utmost caution and care which takes aid of several bodies so that the process can be regulated in a fair manner.
1. Instead of closing their eyes on commercialization of the baby business, a stricter, regulated law should be enforced in the country. The laws, where the rights of both the client and the surrogate mother are protected.
2. More vigilant teams should be put to work. A legal record and contract clearly finalizing each detail should be mentioned in the agreement.
3. The entire term of the pregnancy should be closely monitored by the enforcement agencies, to make sure things are in-line.
4. In case of a baby being born with some in-ability, the rights of the mother and baby both to be protected by the law.
Although it would be better if people could adopt the already orphaned babies instead of floundering for their own genes, it is not possible for everyone to love another’s child. For those who are looking for ways to have babies due to physical inability also have a right to find an option. Instead of a total ban, a midway need to be carved out for commercial surrogacy.
Furthermore, the ban would only pave way for more unethical practices in surrogacy business and that is even worst a situation.
Government should come up with well-enforced laws to regulate commercial surrogacy in India by identifying the flaws and mending the laws.