Chapter-8 Suggestions and Conclusion

Chapter- 8
Suggestions and Conclusion
8.1 Pros of Surrogacy
 It fulfils the wish for the couples to complete their family.
 It is the good alternate for the women who have infertilities due to certain reasons. It is the latest
tool for the fight against the infertility.
 It possesses the genes of the intending parents so there is genetic relation between the
commissioning parents and the surrogate child.
 Women have the positive experience by helping the peoples to have their own child.
 In commercial surrogacy the poor woman are greatly helped by getting the money to meet their
need and also can be used for the future purposes for their own child/children or for their
families.
 Any person can have the privilege of having the child whether they are couples, lesbian, gay or
single person.
 The birth and the death ratio of the country improve.
8.2 Cons of Surrogacy
 Surrogacy may be treated like the prostitution.
 There can be exploitations of the women regarding the surrogacy for the money.
 Women can be treated as labour which provides the facilities for the birth of the child.
 If both the commissioning parents and surrogate mother refuses to keep the child, then there will
be the violation of rights of the child.
 Only the wealthy people can afford it.
Suggestions
 The rights of the surrogate mother should be protected in every possible manner.
 There should be a proper contract done to avoid the anomalies between the commissioning
parents & the surrogate mother and also to protect the rights of the child. The contract should also
contain that, there also will be the second legal parent if some problems arises with the first
parent.
 The commissioning parents should be the legal parents of the child.
 The nationality of the child should be same as that of the commissioning parents.
Conclusions
Surrogacy can be defined as, when the other woman carries the child of the couples who are not
capable of producing themselves. It is very beneficial to those who have some disorder of being a
pregnant woman. It gives the happiness to the couples to complete their families.
Surrogacy is practiced from many years. It dates back to the epics like Mahabharata and Bible, in which
it is greatly supported. Surrogacy is allowed in many countries while other bans it or allows it partially. In
countries like Germany, Sweden and France etc. it is banned. In Belgium and many other countries only
altruistic surrogacy is allowed. Some countries consider it as against the ethical values and some
believes only in moral values and allows it.
In India, Surrogacy is allowed in its all forms since 2002. But, it has not got any legal status. But in 2008,
Hon’ble Supreme court of India presumed it to be legal and then gave its judgment in the favour of the
Baby Manji in Baby Manji Yamada vs. Union of India & Anr. which opens the door for legal status of the
surrogacy in the country. Law Ministry also has proposed the Assisted Reproductive Technology Bill in
which there is guidelines to do surrogacy and protect the rights of the people regarding this matter.
So, the most important organ of the government of the country i.e. judiciary who are also regarded as
the guardians of the constitution has allowed the surrogacy to help the people, then definitely it may be
taken into account that it is a bliss for the society and it should definitely get the legal status in the
country.
Commercial surrogacy is beneficial for both commissioning parents and surrogate mothers because the
surrogate mother gets the benefits of the sacrifices she makes to give the birth to the child and there
will be no liabilities on the commissioning parents that they were only concentrating on the baby for
their own happiness, not for the surrogate mother.
The infertility rate is decreasing day by day in the urban areas of the country. So, this new assisted
Reproduction Method is very useful in overcoming the problems of infertilisation in the urban areas. The
technique is very useful than the other methods and provide a great back support for the people if,
there is not any way remaining for the fertilization.
To conclude, as there are many advantages of surrogacy over the disadvantages of it, so it can be
considered as bliss to the society of getting a child through other means when natural means have no
such experience or they may have some medical complexities. Therefore, it should definitely get the
legal status in the India for the sake of people.

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Chapter- 8

Suggestions and Conclusion

8.1 Pros of Surrogacy

 It fulfils the wish for the couples to complete their family.

8.2 Cons of Surrogacy

 Surrogacy may be treated like the prostitution.

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