CHAPTER ONE

INTRODUCTION

1.1 INTRODUCTION
Surrogacy is the practice in which a woman agrees to become pregnant with the intention
of permanently surrendering the child born of that pregnancy to another person or couple,
with the intent that the person or couple will parent the child.1
The woman who bears the child is the ‘surrogate’ or ‘birth mother’.
There are many women out there who want to conceive and get pregnant but are unable
to do so even though they can produce viable eggs. There are no issues with their fertility,
but because of a certain medical condition, they can’t carry a baby to full term. In this
case, a fully vetted surrogate mother can help bring a life into this world and help couples
and individuals build the family of their dreams.   Surrogacy offers these couples and
individuals the opportunity to have a biological child even if the woman cannot carry the
pregnancy themselves.  

For a surrogate, nothing beats the feeling of giving life to someone else’s family and
choosing to do so is one of the biggest selfless acts that not every woman can do. Most
women do consider their experience as a surrogate as something wonderful and
extraordinary. But you should also consider every aspect of the process before making a
final decision to become a surrogate. Prospective surrogates should be aware of various
benefits and risks that could come as a result of the process. 

The person or persons, to whom the child is intended to be surrendered, are referred to
as ‘commissioning’ or ‘intended’ parent(s)/person(s).
Depending on the law where the surrogacy arrangement takes place, commissioning
person(s) may include:

1Note surrogacy does not rely upon pregnancy after the agreement, a woman may already be pregnant and
agree to surrender a child, however most often people distinguish between surrogacy and adoption by
emphasizing that in the former, the child is conceived after the arrangement is made.
 ● heterosexual women who do not wish to carry a child by choice, or who are
unable to carry a child due to a range of factors (for example, infertility;
hysterectomy; disease (such as cancer); absent or poorly functioning ovaries or
uterus; recurrent pregnancy loss; repeated failures using other forms of assisted
reproduction; age);

● single women or lesbian couples who cannot or do not wish to use artificial
insemination or other forms of assisted reproduction to become pregnant, or do
not wish to carry a pregnancy;

● Single or same-sex partnered men.

In addition to the surrogate mother and commissioning person(s), there may be numerous
other people involved in (or affected by) such arrangements. For example, the surrogate
mother’s partner, donors of ova and/or sperm and their partners, and any children already
in existence related to the surrogate, the donor(s), the commissioning person(s), and/or
their partners. There may also be the involvement of agents, intermediaries, lawyers,
clinicians and other associated staff.
Surrogacy raises many complex ethical, social and legal issues. These issues are
discussed on the page on ethical and legal issues. An overview of how the states and
territories in Australia regulate surrogacy, as well as approaches taken around the world,
is also found on that page. Links in the menu at the right of this page lead to sections that
provide further details on laws in each of the states and territories of Australia, and
beyond.
Immediately below, you will find some key terms concerning surrogacy defined
(including defining ‘traditional’, ‘gestational’, ‘altruistic’ and ‘commercial’ surrogacy
arrangements).

1.2 HISTORY OF SURROGACY

To a certain extent, you’re right; surrogacy as we know it today has only been around for
the last 30 years. However, the idea of surrogacy has been around for a lot longer — even
tracing back to Biblical times.
In this article, we’ll track the history of surrogacy and relevant assisted reproductive
technology (ART) to show how it got to where it is today. Understanding this history is
crucial when you’re considering surrogacy; as it will help you better comprehend the
process, the legalities involved and what you can expect.2

Keep reading to learn more about the history of surrogacy:

● Biblical Times: The first mention of surrogacy can be found in “The Book of

Genesis” in the story of Sarah and Abraham. Sarah and Abraham were married but
could not conceive a child of their own, so Sarah turned to her servant Hagar to be
the mother of Abraham’s child. This is a case of traditional surrogacy, where the
surrogate uses her own egg in the child she’s carrying for intended parents. Even
though Sarah was not biologically related to the baby, she and Abraham both claimed
the child as their own. Up until about 30 years ago, traditional surrogacyy like these
were the only way intended parents could create a child through surrogacy.
Traditional surrogacy remained a taboo topic up until the twentieth century due to the
stigmas associated with infertility and “illegitimate” children. During this time,
surrogate pregnancies would have been conceived naturally — which would be
shameful for married couples.
● 1884: The first successful artificial insemination of a woman was completed,
although in an ethically questionable way. This paved the way for future artificial
inseminations used in the surrogacy process.
● 1975: The first ethically completed IVF embryo transfer was successful.
● 1976: The first legal surrogacy agreement in the history of surrogacy was brokered
by lawyer Noel Keane. This was a traditional surrogacy, and the surrogate did not
receive any compensation for the pregnancy. Keane used this experience to establish
the Infertility Center, which would arrange hundreds of surrogate pregnancies a year
and play a key role in the history of surrogacy in the United States.
● 1978: The first baby conceived through IVF transfer was born.

2https://surrogate.com/about-surrogacy/surrogacy-101/history-of-surrogacy/
● 1980: The first compensated surrogacy agreement was arranged between a traditional
surrogate and the intended parents. Elizabeth Kane (a pseudonym) received $10,000
to carry a baby for another couple. Although she had already completed her family
and placed a child for adoption, Kane was unprepared for the emotions of surrogacy
and the challenges she faced after giving birth to the baby. She eventually regretted
her choice to become a surrogate and wrote about her experiences in a book
called Birth Mother.3
● 1984–1986: Perhaps the most famous case in surrogacy history is the “Baby M.”
case, involving a traditional surrogacy. Bill and Betsy Stern hired Mary Beth
Whitehead to be their surrogate in 1984, agreeing to pay her $10,000. Whitehead’s
eggs were used in the artificial insemination process, making her the biological
mother of the child. When the baby was born and it was time for Whitehead to sign
over her parental rights, she refused and took custody of baby Melissa Stern (“Baby
M.”) — starting a long custody battle in 1986. The results of the custody case played
a key role in the development of some of the stricter surrogacy laws in the U.S. The
New Jersey Supreme Court ruled that the surrogacy agreement between Whitehead
and the Sterns was illegal and, therefore, restored Whitehead’s parental rights.
Custody was granted to Bill Stern, with Whitehead receiving visitation rights. This
case marked a huge turning point in the history of surrogacy, and, not surprisingly,
many surrogacy professionals began to move toward the use of gestational surrogacy
to avoid these legal entanglements.
● 1985: While the “Baby M.” case was going on, the first successful gestational
surrogacy was completed, paving the way for future gestational surrogacy to be the
norm. In the 30 years to follow, states would continue to place restrictions on
traditional surrogacyy and surrogacy in general. In response, lawyers and legislators
began to establish ways that intended parents could protect their parental rights in
surrogacy — usually through a pre-birth or post-birth parentage order.Surrogacy
agencies and surrogacy professionals also became more prominent and more
experienced, making it easier for both intended parents and prospective surrogates to
learn more and participate in the process.

3 ibid
● 2004–2008: Almost 5,000 children were born via surrogacy in the United States.

Clearly, surrogacy has come a long way from where it was before the late twentieth
century. Today, the combination of rapidly advancing medicine and the different types of
surrogacy available make it easier than ever for intended parents to complete their family
and for prospective surrogates to change the lives of others forever. The history of
surrogacy is just beginning — and, with its ever-changing nature, it’s reasonable to
expect more will be added to the story in the future.4

1.3 ADVANTAGES AND DISADVANTAGES

1.3.1 Pros of Surrogacy

For intended parents who want a biological child, the advantages of surrogacy are many:

● Being able to have a genetically related child: Surrogacy gives intended parents

who have struggled with infertility or an inability to have children the possibility
of having the biological child they’ve always dreamed about (although sometimes
donated eggs or sperm are needed).5
● Being involved every step of the way: Unlike some adoption processes,
surrogacy allows intended parents to be a part of their child’s development from
the moment of their conception. You can be present for milestones like doctor’s
appointments and the birth of your child, which is not always possible in
adoptions.
● Building a relationship with your surrogate: Starting from the beginning of the
surrogacy process where you get to select and meet your surrogate, you will likely
create a natural friendship based on respect as you work with your surrogate
during the year or more the process takes. Some intended parents and surrogates
even keep their friendship alive after the baby is born, keeping in touch as the
child grows up.

4Admin. “History of Surrogacy – Surrogacy Stories Throughout Time.” Information

5https://jftlegal.com/home/surrogacy-and-assisted-reproduction/surrogacy-information/surrogacy-pros-
cons/
 ● Healthy pregnancy: Many times, in infant adoption, the expectant mother has not
obtained regular prenatal care or the unborn child has been exposed to illegal
substances. In surrogacy, you have the chance to participate in the prenatal care
from the very beginning and help ensure that the surrogate, as well as your unborn
child, is receiving regular medical care. Additionally, due to extensive screening
processes, as well as the regular medical care and testing, the chance of the
surrogate exposing your child to any harmful substances is extremely rare.
● Having peace of mind: When you complete an infant adoption, there is always
the possibility that a prospective birth mother will change her mind and choose to
parent. A surrogate, however, always knows that the baby is not hers to keep, and
you can rest assured that once the pregnancy proceeds safely, you will have a baby
at the end of the process. You also have the knowledge that a surrogate can
successfully carry a pregnancy, determined by the extensive screening she
undergoes.

1.3.2 Cons of Surrogacy

While there are many advantageous benefits of surrogacy, there are also some important
disadvantages of surrogacy to consider if you’re an intended parent:
● The cost of surrogacy: It’s common for surrogacy to cost intended parents
$80,000 or more once you factor in program fees, medical expenses, compensation
for your surrogate and more. Intended parents must be prepared for the financial
requirements of surrogacy before moving forward.6
● The complicated medical processes: When you complete a gestational surrogacy,
you may have to undergo IVF processes to create an embryo (if you haven’t
already). These processes are expensive, take time and may not be successful on
the first try.
● Giving up a sense of control: While you have the chance to be involved in your
surrogate’s pregnancy, you cannot control every part of the process. So, if you

6 IBID
 pursue surrogacy, you must be prepared to give up that sense of control and trust
that your surrogate will have a healthy pregnancy.
Clearly, surrogacy does come with certain risks as well as benefits. However, for many
intended parents, the risks of surrogacy are heavily outweighed by the advantages —
mainly, the possibility of finally having the biologically related child they’ve dreamed
about for so long.

1.4 SURROGATE MOTHER

There are many women out there who want to conceive and get pregnant but are unable
to do so even though they can produce viable eggs. There are no issues with their fertility,
but because of a certain medical condition, they can’t carry a baby to full term. In this
case, a fully vetted surrogate mother can help bring a life into this world and help couples
and individuals build the family of their dreams.   Surrogacy offers these couples and
individuals the opportunity to have a biological child even if the woman cannot carry the
pregnancy themselves.  

For a surrogate, nothing beats the feeling of giving life to someone else’s family and
choosing to do so is one of the biggest selfless acts that not every woman can do. Most
women do consider their experience as a surrogate as something wonderful and
extraordinary. But you should also consider every aspect of the process before making a
final decision to become a surrogate. Prospective surrogates should be aware of various
benefits and risks that could come as a result of the process.

The Pros of Being a Surrogate

Women who decide to become a surrogate have different reasons for doing so. Most of
them find this to be an amazing and wonderful opportunity through which they can
contribute to another family’s growth. They find their journey to be an extremely
satisfying and highly rewarding experience. Let’s take a look at the advantages that come
with the decision of being a surrogate.

1.4.1 Surrogacy is a fulfilling experience

Surrogacy can be a fulfilling experience, for both the surrogates as well as the Intended
Parents.  Nothing compares to the joy of carrying a child for someone who is unable to do
so themselves. The Intended Parents get a sense of completeness by welcoming a new
family member, but for a surrogate the feeling is one of pride from having provided the
parents with their bundle of joy they’ve waited so long for.  Surrogate mothers are
usually caring and compassionate women with a strong urge to help others in need. They
make dreams come true for those who are unable to have a child on their own. They also
complete their family by participating in such a wonderful and life-changing event, which
results in happiness, satisfaction and an amazing experience for everyone involved.7

1.4.2 Surrogates are supported by a strong surrogate community

Surrogacy is a singular experience but the road to becoming a surrogate can be
challenging. Potential surrogates must undergo extensive medical screenings and
psychological evaluations. Luckily, surrogates have banded together to create a solid
community of support and sisterhood. The opportunity to share your surrogacy
experience with other surrogates can be encouraging and fun.

1.4.3 Surrogates can relive the feeling of pregnancy

Every surrogate has one thing in common, they all truly enjoyed being pregnant. One of
the basic requirements in order to become a potential surrogate is to already be a mother.
By choosing to carry a pregnancy for someone in need, you can enjoy the experience of
being pregnant all over again without expanding your own family.

1.4.4 Surrogates receive generous compensation

Surrogates receive financial compensation for their commitment, time and risk involved
in the process of surrogacy. On average, in California, a surrogate can receive between
$40,000 to $60,000 for their efforts and dedication to carry the pregnancy to term.
Expenses such as travel are covered as well. You’ll also receive health insurance
throughout your surrogacy journey. You can achieve your personal goals like buying a
house or paying for education with the compensation that you will receive.

7 ibid
1.5. LEGAL PROTECTIONS COVER SURROGATES
Legal contracts are placed to protect both the Intended Parents and the surrogate mother.
They come into place after you’ve gone through the screening and matching process. 
These contracts clearly outline the obligations and responsibilities of both parties to
ensure not only a healthy pregnancy, but a smooth journey. These contracts also ensure
that a surrogate is reimbursed for her time and contribution and reinforces the fact that
she won’t have any responsibility for the child after birth.

1.5.1 The Cons of Being a Surrogate

While there are great benefits once you become a surrogate, there are also some risks and
disadvantages that you should consider.

1.5.2 Surrogacy is demanding

It is mandatory for every surrogate to undergo a medical screening and psychological
evaluation to see if they are fit to carry a child to term. You, as a surrogate, will have to
meet all the physical demands of being pregnant, attend regular appointments and receive
treatment. The process can also be emotionally challenging as carrying a baby for
someone else is a huge responsibility.   Most surrogates will experience ups and downs
throughout the journey. It is recommended that you use a counseling service or
participate in support groups when you require emotional assistance.

1.5.3 Surrogacy is not accepted by everyone

Most people are becoming more accepting of surrogacy; however there are those that are
still against the idea. Just keep in mind that not everyone will be accepting or
understanding of your decision. This is due to a lack of information and misconceptions.

1.5.4 Surrogacy is a lengthy process

The process of surrogacy is considerably lengthy and requires commitment. From filling
out the application to delivering the baby, there are many steps involved. Finalizing the
surrogacy contract and completing the IVF process takes time as well. It takes around 12
months for the entire process to be completed. As a surrogate should not make any major
travel plans during this time.
1.5.5 Surrogates are required to take medications to become pregnant
Part of the surrogacy process does involve taking medication. In some cases, you may be
given birth control as well. Medications may include estrogen and progesterone. Some
surrogates are caught off guard by the amount of medication required to just prepare for
the embryo transfer. However, you need to keep in mind that it’s essential in order to
guarantee a healthy and successful pregnancy.

Being a surrogate has health risk

There’s always a risk in carrying a pregnancy, and being a surrogate is no different. 
There’s the slightest chance of pregnancy complications that can have a negative effect
on your health. You will also have your blood drawn for tests and receive regular
ultrasound checks to ensure that both you and the baby are healthy.  It’s important to
understand that all these are essential for guaranteeing a healthy pregnancy and delivery.
On examining the thousands of years old records of Indian Vedic literature and based on
the discoveries of today's science dealing with molecules, genes and DNA it appears that
the motherhood is an instinct driven physiological phenomena. Instinct of motherhood is
the most powerful desire that exists in all the living creatures that include all animals and
humans. According to ancient Indian philosophy the biological purpose of life is to
propagate once own traits (genes) and all living creatures are here on a transition phase to
pass their own traits (genes) to the next generation.8Propagation is the ultimate purpose of
any species; therefore, birth of an offspring is always dependent on the factors that lead to
high chances of survival of the offspring. For example, birds migrate thousands of
kilometers to find out suitable place where environment can support the high chances of
survival of their off springs. In the Canadian Inuit Community which is 300 miles north
of Arctic Circle, the seasonality was reported till 1970. But due to modernization and
decline of traditional life-style the seasonality in this community has not been reported in
the later years.

Infertility is generally known as a social stigma in India. It is hypothesized that the agony
and trauma of infertility is best felt and described by the infertile couples themselves.

8Gupta PD, Lino A. Biker: Capricorn Publishing House; 2010. Mothering a cause: practical knowledge of
reproduction and motherhood
Though, infertility does not claim the life of an individual but it inflicts devastating
influence on life of an individual for not fulfilling the biological role of parenthood for no
fault of his or her own. It is also known that in general, Indian society has got a very
stable family structure, strong desire for children and particularly for son to carry forth
the lineage or Vansh. With the enormous advances in the field of medicine, the infertility
can now be treated using the new medical technologies collectively called as Assisted
Reproductive Technology (ART) such as in vitro fertilization (IVF) or intracytoplasmic
sperm injection (ICSI), etc. The birth of the world's first child, Louise Brown on July 25,
1978, through the technique of in vitro fertilization was a path-breaking step in control of
infertility; and is considered as one of the most important medical advances of the last
century. In October 1978, Dr Subhash Mukherjee, Kolkata (India) announced the birth of
country's first test tube baby. Dr Mukherjee and his team used the cry preserved embryo.

There are different types of infertility and in some cases it would be physically or

medically impossible/ undesirable to carry a baby to term and hence, to fulfill the desire
of such infertile couple to have a child, the surrogacy comes as an important option.

Surrogacy

In Latin "Surrogatus" means a substitute i.e. a person appointed to act in the place of

anotherr . As per the Black's Law Dictionary surrogacy means the process of carrying and
delivering a child for another person. The New Encyclopedia Britannica defines
surrogacy as a practice in which a woman bears a child for a couple unable to produce
children in the usual way. According to Warnock Report (1984) HF&E, surrogacy is the
practice whereby one woman carries a child for another with the intension that the child
should be handed over after birth.

There are two types of surrogacy practices  prevailing in

India: (i) Traditional/Natural/Partial surrogacy; and (ii) Gestational surrogacy.
Like in other countries, in India also, the following two types of surrogacy arrangements
are being practiced:

Altruistic surrogacy: Where the surrogate mother receives no financial rewards for her
pregnancy or the relinquishment of the child to the genetic parents except necessary
medical expenses.
Commercial surrogacy: Where the surrogate mother is paid over and above the necessary
medical expenses.

Surrogacy is the union of science, society, services and person that make it a reality.
Surrogacy leads to a win-win situation for both the infertile couple and the surrogate
mother. The infertile couple is able to fulfill their most important desire and the surrogate
mother receives the suitable reward.

To give a womb for rent means to nurture the fertilized egg of another couple in your
womb and give birth to the child with a specific intention, the intention here being either
money, or service, or because of altruistic reasons.

Bhadaraka has described the following misconceptions regarding a surrogate mother 9:

(i) She is not the genetic mother of the child whom she nurtures and gives birth to.

(ii) She is not the wife of the father of the child to whom she gives birth.

(iii) This is a scientific idea, a scientific process. There is no need for any physical
contact.

(iv) She is not an asocial woman.

(v) This is not an illegal practice.

9Mukherjee S, Mukherjee S, Bhattacharya SK. The feasibility of long-term cryogenic freezing of viable
human embryos - a brief pilot study report. Indian J Cryog. 1978;3:80.
(vi) She is not forced into this. She herself decides whether she wants to become a
surrogate mother or not.

(vii) She has no claim or rights over the child that is born.

(viii) "This is my child", "this child is my inheritance" - she cannot articulate such

thoughts, because of social, scientific and legal restrictions.

(ix) She is not a woman who sells children.

(x) She is not responsible for the child (once the child is born).

(xi) Surrogacy is a mutually beneficial concept of providing services.

It is necessary to mention here that the couple's insistence does not agree with what
science believes. It does not matter as to which religion the surrogate belongs, as the
child is genetically of the couple. Religion is interpreted according to the conditions,
education, time and the circumstances.

Surrogacy is a social act of highest level of service which is scientific and brims with
goodwill 10 . A person's opinion based on a lack of information should not harm others.
Like medicine is prescribed for treatment of a disorder, in the same way surrogacy is also
a method of treatment.

Bhadarak reported that the majority of the Indian society considered surrogate mother as
an amalgam of religion, culture and science with following noble services: (i) She shows
a strong inclination to society by doing something novel, (ii) She abolishes the stigma of
infertility from the society, (iii) She fulfils her duty by doing something worthwhile for
the society, and (iv) She is an example of a model woman in society.

10 Bhadaraka K. India: Anand Surrogate Trust; 2009. The last ray of hope: surrogate mother - The reality.
As per the proposed draft Assisted Reproductive Technology (Regulation) Bill the
surrogacy and related terms are defined in the following ways: (i) Surrogacy means an
arrangement in which a woman agrees to a pregnancy, achieved through assisted
reproductive technology, in which neither of the gametes belong to her or her husband,
with the intention to carry it to term and hand over the child to the person or persons for
whom she is acting as a surrogate; (ii) Surrogate mother means a woman who agrees to
have an embryo generated from the sperm of a man who is not her husband and the of
another woman, implanted in her to carry the pregnancy to full term and deliver the child
to its biological parents; and (iii) Surrogacy agreement means a contract between the
persons availing of assisted reproductive technology and the surrogate mother.

1.6 CROSS BORDER SURROGECY

In October 2015, the Supreme Court of India expressed concern over the misuse, legal
imbroglio and the country becoming an attractive destination for surrogacy.1 The Court
sought clarification from the government on the legal questions including the primary
concern of legal parentage in surrogacy. The Court was concerned with the rights of
multiple parties involved in the scenario including woman who donates her egg for
commercial surrogacy, surrogate mother and intended mother.
The Surrogacy (Regulation) Bill 2016, approved by the Union Cabinet in August 2016,
is to be tabled in the Parliament. The Bill bans commercial surrogacy and shuts the door
on many categories of commissioning parents for availing surrogacy. It prohibits married
couples with biological or adopted children, single people, live-in partners and
homosexuals from opting for surrogacy.11

Draft Assisted Reproductive Technology (ART) (Regulation) Bill, 2014—the version

available in the public domain, and attempts to differentiate with the latest 2016 Bill
wherever relevant. The ART Bill 2014 prohibited foreigners from availing the surrogacy
services in India.3 The move was unexpected, as the ART industry positioned India as a
11Ahmad, T. (2015). India: Draft legislation regulating assisted reproductive technology published. 2 Nov
2015. http://www.loc.gov/law/foreign-news/article/india-draft-legislation-regulating-assisted-reproductive-
technology-published/. Accessed 21 Mar 2017.
center for medical fertility.4 Estimates suggest that around 20% of the intended parents
seeking surrogates are foreigners.5 The Governmental initiative was motivated by the
intention to prevent the exploitation of poor women, encouraged to act as surrogates for
economic reasons. Further, and importantly, the legal reasons that necessitated the move
were the many existing protracted litigation and absence of clarity on determination of
legal parentage and nationality.

The infamous case of Jan Balaz6 highlighted a situation where a child was born in
India but had ‘no country to belong’. 7‘No country to belong’, the word reflects the
concerns that this chapter attempts to address through an analysis of India’s legal
landscape.8

1.6.1 The Growth in Cross-Border Surrogacy Practice

Cross-border travel has spurred surrogacy growth in the United States and elsewhere.
Many countries ban surrogacy entirely, limit it to married, heterosexual couples, 6 or
restrict it to altruistic arrangements where, for example, a sister agrees to carry a child
genetically related to a sibling without payment.7 For many people, therefore, the ability
to gain access to surrogacy requires the ability to travel to a surrogacy friendly
jurisdiction, whether within the Unites States or abroad. 8 Moreover, as international
surrogacy restrictions increase, more foreign residents come to the United States to
arrange surrogate births.9 Stuart Bell, the chief executive of Growing Generations, a Los
angels surrogacy agency, stated that four years ago, “only about 20 percent of its clients
came from overseas, but now inter-national clients are more than half.”12

In the United States as a whole, gestational carrier cycles have increased from
approximately 1% of all IVF cycles in 1999 to approximately 2.5% of all cycles in
2013.11 during the same period, the number of carrier cycles where the intended parent or
12Cyra Akila Choudhury, The Political Economy and Legal Regulation of
Transnational Commercial Surrogate Labor, 48 VAND. J. TRANSNAT’L L. 1, 7-8
(2015) (observing that India has banned the availability of surrogacy to foreign,
unmarried and same-sex couples.
parents were not U.S. residents increased from just below 10% to over 18% of all carrier
cycles.13 The overall changes, however, cloak a substantial drop between 1999 and 2005,
with the percentage of foreign resident carrier cycle falling to below 3%, but then rising
steadily thereafter.13 The dramatic drop in overall surrogacy rates (and foreign resident
rates in particular) came with expanding surrogacy markets abroad, particularly in India.
Since then, however, many countries have restricted access, limiting surrogacy to their
own citizens or banning it together.14 as that has happened and with American clinics’
increased efforts to recruit abroad, 15 surrogacy in the United States has grown steadily
with an increasing portion of the intended parents coming from other countries. Even
within the United States, intended parents “shop” on national sites in their search for
surrogate friendly jurisdictions14

1.6.2 Limits on Cross-Border Regulation

Individual states’ provisions rarely address fertility tourism effectively and even
those that purport to do so face intrinsic limitations because of constitutional
requirements in the United States, and practical ones elsewhere.

In American jurisdictions, the U.S. Constitution imposes limits on the degree to which
states can deny recognition of the parental status of intended parents. Several decisions
have invalidated provisions that refuse to grant parenthood to a woman who has supplied
her own egg to a gestational carrier with the intention she retain parental status. A federal
court, for instance, declared a Utah statute unconstitutional in a case in which the
intended parents used their own gametes to conceive a child who was carried to term by a
gestational carrier.40 In that case, the courts overturned Utah’s insistence that adoption
was necessary to recognize the genetic parents’ legal status. In a Florida case, women

13Danielle Preiss & Pragati Shahi, Dwindling Options for SurrogacyAbroad,

ATLANTIC(May 31, 2016),
https://www.theatlantic.com/health/archive/2016/05/dwindling-options-for-surrogacy-
abroad/484688/.

14Nicole Grather & Adam May, Going Global for a Family: WhyInternational
Surrogacy Is Booming, ALJAZEERAAM. (May 12, 2014, 7:30
PM),http://america.aljazeera.com/watch/shows/america-tonight/articles/2014/5/12/go-
ing-global-forafamilywhyinternationalsurrogacyisbooming.html
[https://perma.cc/2LUY-U39H] (describing the role of brokers in the growth of fertility
tourism).
transferred an egg to her partner with the intention that the two women would jointly
raise the child. In this case, as well, the Florida courts invalidated a statute that failed to
recognize the intended genetic mother as a legal parent.41 these decisions limit the
effectiveness of efforts to regulate surrogacy through insistence that the woman who
gives birth is necessarily the legal mother in all circumstances absent adoption or
adoption-like procedures.42

In addition, intended parents who arrange for the birth of a child in another jurisdiction
with friendlier surrogacy provisions can ordinarily secure parentage there. In Berwick v.
Wagner, for example, a Texas couple married in Canada, registered as domes-tic partners
in California, and arranged for a California gestational carrier to give birth to one of the
two men”s biological son. After the child’s birth, the couple secured a California
declaration of parentage recognizing both men as legal parents. When the couple, who
lived in Texas, later, separated, the biological father argued that the Texas courts should
not recognize his partner as a legal parent. The Texas courts, however, found that the
California parentage declaration was entitled to full faith and credit even though Texas
could not have recognized the partner as a parent under Texas law.43 Following
Obergefell v. Hodges,44 the U.S. Supreme Court has also held that the states must grant
full faith and credit to out-of-state adoptions involving same-sex couples.45 In V.L. v.
E.L., a lesbian couple living in Alabama temporarily moved to Georgia so that one of the
women could adopt the biological child of the other woman. When the parents later
separated, the Alabama Supreme Court held that the Georgia court lacked jurisdiction
over adoption because the Alabama court read the Georgia statute not to permit adoption
by a second parent of the same-sex without terminating the parental rights of the first
mother. The Supreme Court held that statutory construction of the Georgia adoption law
was not a jurisdictional issue, and that Alabama must give full fail and credit to the
Georgia adoption decree.46 This allows parents using a surrogate to use a court order from
the state where the child was born to secure a parentage judgment, and then return home
with an order that the courts of their home state must recognize.
 Some European countries, which ban surrogacy outright or recognize the woman
giving birth as the mother, have attempted to deny citizenship to children born to
surrogates abroad. The French, however, appear to have relented, and the British courts,
which adhere to a best interest of the child approach, have generally recognized the
parental status of the intended parents even where the result appears to conflict with
British law.15 To do otherwise would effectively leave the child with no legal parents,
particularly where the commissioning parents used anonymous gamete donors or foreign
gestational carriers with no continuing contact with the child. The German Supreme
Court, also recognizing the rights of the child, has similarly held that Germany’s desire to
discourage surrogacy was not a sufficient reason to refuse to recognize the parentage of a
same-sex couple who were raising a child in Berlin born to a California surrogate and
subject to a California judgement confirming the two men’s legal parenthood.50 While
foreign countries do not necessarily recognize American parentage judgments or adoption
decrees, they cannot effectively refuse to recognize the legal status of the intended
parents without harming the child.

These results do not just leave the home jurisdiction with no way to enforce
provisions outlawing surrogacy, limiting payment, or prohibiting practices such as sex
selection. They also leave these jurisdictions with few ways to oversee the practices to
prevent exploitative practices or protect children’s health and well-being. Effective
solutions accordingly require thinking in different ways about regulations of the fertility
business.

The ability to cross jurisdictional lines to access surrogacy allows intended parents
“to shop” for the legal regime that accommodates their preferences. Home jurisdictions
have limited ability to police their developments. Even surrogacy friendly jurisdictions
stay that way by leaving many of the provisions in surrogacy contracts to the wishes of
the parties.

15L (A Minor) [2010] EWHC 3146 (Fam.), http://www.family-lawweek.co.uk/site.aspx?i=ed74241

(recognizing intended British parents who used a surrogate in Illinois as legal parents despite payments to
the surrogate).
 As a practical matter, therefore, no jurisdiction comprehensively oversees the
development of surrogacy practice. Instead, private contracting shapes the parties’
understandings, and the evolving norms underlying such agreements. Even states like
California, with supportive legislation, do not comprehensively address the validity of
contract terms. And some contract provisions, such as clauses dealing with abortion, are
not subject to specific enforcement anywhere (no woman may be compelled to have an
abortion against her will), but may trigger financial con-sequences of varying degrees of
enforce ability in the different states. These practices influence the parties’ expectations
about their agreements as much, if not more, than formal legal regulation.16

In the face of the limited effectiveness of state regulation, and wholesale ability to
evade restrictive laws by traveling to a different jurisdiction, it is time to consider a new
approach – the regulation of the professionals involved in the practice. Fore-most among
those professionals are the lawyers who draft surrogacy contracts.

1.7 CONTRACTS AS THE LEGAL STRUCTURE FOR BOTH DOMESTIC AND

CROSS-BORDER SURROGACY ARRANGEMENTS

Contracts provide the legal structure for surrogacy arrangements, whether they occur
within a single jurisdiction or across jurisdictional boundaries. This is true whether or not
all of the contract provisions are enforceable. 51 In every jurisdiction, the contracts shape
the parties’ expectations about the transaction, and serve as the default arrangements so
long as no one contests them.52 In jurisdictions without controlling statutes or precedent,
many courts defer to the contracts to establish the parties’ intentions and often a
framework for decision-making.17Contract terms establish the basis for the surrogacy
16German Supreme Court Recognizes Same-Sex Parents after Californian Surrogacy,
EUROPEANSEXUALORIENTATIONLAW(Jan. 11, 2015),
http://www.sexualorientationlaw.eu/102-german-supreme-court-recognizes-same-sex-
par-ents-after-californian-surrogacy-germany.

17P.M., 907 N.W.2d at 540 (holding gestational surrogacy agreements to be

enforceable under existing Iowa law.); In re Paternity of F.T.R., 833 N.W.2d 634, 643
(Wis. 2013)(presuming that it is in the child’s interest to en-force a surrogacy agreement
even in traditional surrogacy cases).
exchange – including payment and provisions to secure the intended parents’ legal status,
expectations about the conduct of the pregnancy, and governing documents to deal with
the relationships not only between the prospective parents and the surrogate, but also with
respect to the agencies and others involved in the birth.

1.7.1 Establishing Parenthood

For intended parents, the most important parts of such a contract are the provisions
establishing parentage. These provisions can never be solely a matter of contract; that is,
background state law establishes principles that guide recognition of parental status and
contracts cannot unilaterally change these principles. Nonetheless, surrogacy friendly
jurisdictions establish ways to recognize the intended parents’ legal status. California, for
ex-ample, allows intended parents to petition for a judgment establishing their parental
status before the child’s birth. Doing so requires that the parents be a party to “a properly
executed assisted reproduction agreement for gestational carriers” completed before the
transfer of embryos to the gestational carrier and comply with statutory provisions for
independent counsel for each party, notarization of the agreement, and the inclusion of
certain mandated provisions. Even in jurisdictions without explicit surrogacy recognition,
contracts will typically require the parties to comply with the steps necessary to establish
the in-tended parents’ parentage. These steps may include, for example, surrender of the
child to the intended parents at birth and completion of the necessary paperwork for an
adoption, if necessary to establish parentage.

In traditional surrogacy cases, however, where the birth mother is genetically related
to the child, many jurisdictions, even those otherwise supportive of surrogacy
agreements, will uphold the birth mother’s parental status absent a voluntary
relinquishment in the context of an adoption proceeding that gives the mother an
opportunity to change her mind after the child’s birth. 55 Even in these cases, however,
where the mother has sought to retain her parental status, some courts have deferred to
the contract provisions in determining custody the failure to terminate the biological
parent’s legal status in these cases would nonetheless complicate recognition of the
intended parents in an-other jurisdiction, should the intended parents chose to take the
child elsewhere.
 In contrast, use of anonymous gametes creates different is-sues. Where the intended
parents bear no genetic relationship to the child, some jurisdictions require adoption to
transfer parenthood to the intended parents, and surrogacy contracts will ordinarily
provide for the gestational carrier’s voluntary relinquishment of any parental rights
following birth as a step facilitating adoption or a parentage action by the intended
parents.57 If the intended parents adopt in the jurisdiction in which the child is born, the
adoption will sever the parental status of the surrogate and the gamete donors. If the
adoptive parents then take the child to another jurisdiction, that jurisdiction will have no
basis on which to recognize anyone else as legal parents. 58 the only practical solutions
will to be accept the adoptive parents’ legal status or to place the child in foster care.18

1.7.2 Payment
From the gestational carrier’s perspective, payment is a critical aspect of the
surrogacy transaction. Well-drafted agreements typically require that the intended parties
make payments in advance.60 the agency may then distribute the payments to the
surrogate in installments specified by the contract.61 the contract provisions governing
payment may be enforceable even if other provisions of the contract are not. In addition,
some contracts insert a provision that permits the intended parents to stop financial
payments to the carrier in the event she breaches a termination or other provision of the
contract. Moreover, where the intended parents and the gestational carrier reside in
different jurisdictions, the law that governs the financial terms of the con-tract may differ
from the law that governs parentage.19

1.7.3 Agency Relationship

Often there are two or even three contracts involving the parties, depending on
whether a surrogacy agency is involved, and whether the parties are utilizing the services
of an independent escrow agent. Where an agency is involved, both the carrier and
intended parents typically sign separate agreements with the agency, which may have a
18Raftopol v. Ramey, 12 A.3d 783 (Conn. 2011) (involving agestational agreement under which the
surrogate mother agreed to “terminate her putative parental rights and to consent to adoption of any
resulting children by father’s domestic partner.”).
19Susan L. Cronkin, Whose My Client? Recognizing and Avoiding Conflicts of Interest
in ART Law Representation, 34 FAM. ADVOC. 14, 16 (Fall 2011).
heightened duty of care to the in-tended parents and surrogate. 63 The duty of care comes
from the nature of a relationship arranging for the birth of the child and includes insuring
that the surrogate meets medical and psycho-logical criteria. Even where the attorney is
acting solely through an agency or matching service, the attorney, as an agency owner,
may accordingly have a duty to act in the client’s best interest in providing non-legal
services.

1.7.4 Terms of the Pregnancy

Surrogacy contracts typically address many conditions that might arise during the
embryo transfer and potential pregnancy.64 Provisions in the contract may attempt to
resolve controversial issues, such as the conditions under which the parties agree to
termination of the fetus in the event of a genetic abnormality or other contingencies. 65 In
addition, such contracts often involve conduct during the pregnancy, including
agreements not to smoke, to have regular medical checkups, to avoid activities that may
injure the fetus, and other matters. 66 The enforceability of these provisions is
questionable;67 yet, such clauses may help establish the parties’ expectations. 68 For
example, many in-tended parents wish to be able to attend doctors’ appointments and to
view ultrasound images.69 In addition, given the potential impact of smoking on the
developing fetus, prospective parents may wish to exclude from consideration a potential
gestational carrier who smokes. And pro-life prospective parents and carriers may wish to
have an agreement ruling out abortion from the beginning of the pregnancy. Discussions
about such clauses may help establish expectations about how to handle such matters
should they arise. They also help the parties find others who share their own values and
expectations.

1.7.5 Cross-jurisdictional Effects

Surrogacy contracts often create “facts on the ground” that may make it difficult to
challenge the results later. Challenges to the enforceability of surrogacy agreements are
relatively rare; voluntary compliance is the norm.70 Moreover, when a conflict occurs in a
jurisdiction where the matter is one of first impression, courts often defer to the
agreement in the absence of other law. The American trend has been to enforce
gestational carrier agreements although courts continue to struggle over specific
contractual issues.20

For jurisdictions that oppose surrogacy, the facts on the ground create a dilemma.
Surrogacy contracts often document the violation of surrogacy laws outside the
jurisdiction by providing evidence of the transaction, its commercial nature, and the
amount of payment. Many of these jurisdictions find some or all of these factors to
violate public policy.73 where the jurisdiction in which the surrogacy occurs severs the
parental status of gamete donors or gestational carriers by operation of law or protect
their anonymity; this leaves the intended parents as the child’s only possible legal
parents. In the United Kingdom, for example, which prohibits commercial surrogacy, the
courts in a number of surrogacy cases have ultimately recognized surrogacy
arrangements that arguably violate UK law, but only after substantial litigation and
expense. For the intended parents, the result creates a great deal of uncertainty about
surrogacy outcomes, but for the courts it creates a painful choice between the child’s
interests, which ordinarily lie in recognition of the intended parents’ status, and
upholding the law.

Accordingly, lawyers advising clients with respect to surrogacy arrangements must

be able to properly counsel their clients with respect to the potentials risks that could
arise if a dispute were to arise and a court were to conclude that some or the entire
contract is not legally enforceable. With that in mind, we turn to a review of the ethical
rules most commonly encountered by transnational lawyers in general, and then apply

20Raftopol v. Ramey, 12 A.3d 783,795 (Conn. 2011) (assuming without deciding that
an agreement between Romanian intended parents and a Connecticut surrogate was
valid in affirming that the intended parents were entitled to a declaratory judgment of
parentage); Baby, 447 S.W.3d 807 (generally en-forcing an agreement but severing
portions defining the status of the parties as contrary to Tennessee state law); F.T.R.,
833 N.W.2d at 634 (same result under Wisconsin law).
those rules to representation of parties to both domestic and cross-border gestational
carrier agreements.

1.8 TYPES OF SURROGACY

‘Traditional Surrogacy’
A surrogate mother may carry a child that is genetically related to her, conceived by
sexual intercourse, self-insemination, or by medically supervised artificial insemination.
In such circumstances, the egg of the woman is fertilized with the sperm of a
commissioning male, or with donor sperm, or with the sperm of her partner.
This is often referred to as ‘partial’ or ‘traditional surrogacy’. 

‘Gestational Surrogacy’
In other arrangements, the surrogate mother is not ‘genetically’ related to the child she
carries. The child may be conceived using assisted reproduction, using
● the eggs and sperm of a commissioning heterosexual couples (a man and a
woman);
● eggs from a donor, and the sperm of a commissioning male (be he in a
heterosexual or same-sex partnership or not);
● Eggs from a donor, and sperm from a donor.
NOTE: Gestational arrangements do not mean that the surrogate mother has no
connection to the child, or it to her. There are many biological processes that occur
before, during and after pregnancy that may affect mother and child.21

Gestational surrogacy is a truly exciting aspect of infertility treatment, as it grants

individuals and couples the ability to have biological offspring in situations where it
would have been impossible just a few decades ago. The most rewarding part of my job

21See for example, Robert Martone, ‘Scientists Discover Children’s Cells Living in Mother’s Brains: The
Connection between Mother and Child is Even Deeper than Thought’, Scientific American (4 December
2012).
is helping people achieve their goals of starting a family, and sometimes the best way to
meet the goal is through the use of a gestational carrier.

So, how does gestational surrogacy work? When is it used? What should you consider if
you’re thinking about pursuing this sort of treatment? This blog addresses some of these
important questions, offering eight things to consider in the process.

1. The difference between traditional surrogacy and gestational surrogacy

Surrogate pregnancies have been with us for a very long time. One of the oldest recorded
examples is found in Genesis, the first book of the Bible. In this instance, Abraham’s
barren wife Sarah offers her servant Hagar to Abraham that she might bear a son on her
behalf. Of course, Ishmael, the child born to Hagar, has no genetic relation to Sarah.
Biologically speaking, Sarah is Ishmael’s mother by title alone. This is an example of
traditional surrogacy.

Today, advances in assisted reproductive technology (ART) have made another sort of
surrogacy possible: Gestational surrogacy. This is when a woman carries and delivers a
child with whom she has no genetic relation. An egg and sperm are fertilized outside of
the womb with in vitro fertilization (IVF) and the resulting embryo is transferred to the
gestational carrier, who will carry the baby to term on behalf of the intended parents (the
ones going home with the baby).

2. Gestational surrogacy can involve complicated parenting combinations

Put simply, gestational surrogacy is complicated. That is not to say that the process is
necessarily unpleasant or stressful, but it’s important that all parties involved are aware of
the relational dynamics at play.

In the most complex cases, five parent relationships exist: The gestational carrier, the egg
donor, the sperm donor, and the two intended parents, who in this scenario most likely do
not have healthy sperm or eggs to contribute. Granted, such a circumstance is rare.

In most cases, one or both of the intended parents are also the egg and/or sperm donor, as
the mother may contribute the eggs but not be able to carry a pregnancy. But it is
technically possible to have up to five separate individuals involved in the birth of one
baby.

3. Gestational surrogacy for medical reasons, social reasons or both

First, there are a host of medical reasons that a woman may be unable to get pregnant or
carry a pregnancy to term. We’ll often identify these after a patient has had a series of
failed embryo transfers or a history of miscarriages. Other times, the underlying reason
that a patient can’t deliver a baby is more obvious, such as when a woman has had a
hysterectomy, or is transgender and has undergone a sex reassignment surgery.

Second, there are social reasons that an individual or couple may seek to have a child
using gestational surrogacy. Gay couples or single men may opt to use a surrogate carrier
and an egg donor to have children. Lesbian women may choose to undergo reciprocal
IVF, a process in which one woman donates her eggs and the other carries the baby to
term, each playing a role in the pregnancy.

4. All parties go through screening, some FDA regulated

Each person involved in the gestational surrogacy will undergo some type of screening,
the most rigorously screened member being the carrier herself. A couple may choose to
use a surrogate carrier who they know personally, such as a sister or close friend. Other
times, a surrogate will be provided via an outside organization. In either case she will be
thoroughly evaluated for physical, emotional and psychological health to ensure the best
possible odds of a successful pregnancy.

Additionally, the FDA has strict testing guidelines in place for egg and sperm donors
using a gestational carrier. These guidelines are to prevent the spread of disease and
minimize risk to the surrogate. We also can conduct genetic testing on the embryos
produced from the donated egg and sperm to increase the odds that the transferred
embryo will be free of chromosomal disorders.

Whether or not the intended parent(s) donate the eggs or sperm, they will undergo
psycho-social education and counseling. This counseling helps the intended parents
understand the impact that the pregnancy will have on relational and community
dynamics, as well as develop a plan regarding future contact with the gestational carrier.
Oftentimes this counseling can be coordinated in-house via our Women & Infants
Social Services team.

I’ve included a video below featuring one of our experienced nurses, which should give
you an idea of what the screening processes described above look like here at the Fertility
Center.

5. Legal and financial counseling are critical

In nearly all gestational surrogates, a woman will give birth to a baby over which she will
have no legal claim. The child’s intended parents, who are usually but not always
biologically related, will instead be the legal guardians. As you might imagine, this all
must be clearly laid out in a contract written by a lawyer and signed by all involved
parties in advance of the pregnancy.

On a related note, the cost associated with gestational surrogacy should be thoroughly
evaluated. In Rhode Island we are fortunate in that a good chunk of IVF costs are covered
by many insurance providers. However, with gestational surrogacy, additional costs will
be incurred that will almost certainly not be covered by medical insurance. These include
legal fees, compensation paid to the gestational carrier, and costs associated with
screening and testing.

6. The gestational carrier will have an embryo transfer and the egg donor (often the
intended mother) will have an egg retrieval

Because a gestational carrier receives an embryo made from donated sperm and egg, she
must undergo some of what’s involved in the normal IVF treatment process. The key
difference here is that the carrier’s own eggs will not be collected, so she will not receive
the same sort of ovulation stimulation medicines that a woman gets when undergoing
IVF using her own eggs. A gestational carrier will usually receive hormones in order to
properly synchronize her cycle for the embryo transfer. The egg donor, who may be the
intended mother, will undergo hormone shots and egg retrieval in order to obtain the
eggs.

To learn more about what’s involved in IVF, I’d encourage you to visit the link below.

7. Gestational surrogacy has a relatively high success rate

The success rate of gestational surrogacy pregnancies and births is relatively high
compared with other fertility treatments, but largely depends on the age of the egg donor.
The most recent data published by the Society for Assisted Reproductive Technology
(SART) indicates that live birth success rates were 50.5 percent in 2014 when donor eggs
originated from women under the age of 35. In women over the age of 42, this number
dropped to 9.2 percent.

8. Ethical concerns around financial or emotional coercion

As with many advanced reproductive treatment options, gestational surrogacy has some
ethical considerations. The most important is that of emotional and financial coercion of
the carrier. We take extensive measures to ensure that the selected carrier is not
motivated by fear, obligation or financial bribery.

As you might imagine, this can be particularly challenging, especially in cases where the
carrier is closely related to one of the intended parents. But this is far and away the most
important moral and ethical aspect of gestational surrogacy, as we want to ensure that all
parties involved are providing fully informed consent.

Altruistic Surrogacy
‘Altruistic’ surrogacy refers to an arrangement in which the surrogate receives no
financial benefit or reward.
Altruistic surrogacy arrangements may be seen to include such arrangements in which the
surrogate is reimbursed for losses and expenses associated with the pregnancy.
Where reimbursement of loss and expenses is permitted, the law may take a number of
forms. It may:
● not define what losses or expenses are recoverable;
● define or limit the types of losses or expenses that may be paid (for example,
private health insurance; lost earnings up to a certain limit; reasonable legal
expenses; maternity wear; etc);
● Make enforceable payment of losses and expenses whether or not the surrogate
mother relinquishes the child.
Genuine altruistic arrangements most often occur between family members (for example
a sister, a mother, a cousin or an aunt carries a pregnancy and bears a child with the
intention of relinquishing it to their sister, daughter, cousin, niece, and so on); or between
close friends. Sometimes however, they may occur between people who do not know
each other.

Commercial Surrogacy
Commercial surrogacy involves a surrogacy arrangement in which the surrogate mother
receives some kind of financial benefit, reward, or profit. A commercial arrangement is
any arrangement in which more than reasonable expenses are reimbursed. The payment
or reward may be small, or large – if it results in gain or benefit, it is considered a
commercial arrangement.
Commercial surrogacy is more likely to be arranged by agents, intermediaries, clinics,
lawyers – who also stand to profit.
Commercial arrangements cause the greatest controversy and concern, particularly in
relation to risks of exploitation, codification, and trafficking of women and children.
There is also often concern about significant financial, racial, social and/or class
disparities between commissioning person(s) and surrogate mothers, in both developed
and developing nations.
Note: Whether or not individual arrangements reflect all of these concerns, the broad
spectrum of risks raised by, or seen in commercial surrogacy arrangements, has meant
that it is prohibited by many nations.
1.9 SURROGACY IMPLEMENTATION IN FOREIGN COUNTRIES

1.9.1 United States of America:

The status of surrogacy laws is not uniform in the United States. The different State laws
which regulate, prohibits the surrogacy contracts or some of them permit the contractual
surrogacy agreements.

i. States Which Prohibits the Surrogacy: The State of Arizona prohibits the
surrogacy arrangement. The Arizona Supreme Court has declared the surrogate as
a legal mother of a surrogate child.477 The New York State clearly considers the
surrogacy contract against public policy, hence, prohibits the commercial
surrogacy as well as altruistic surrogacy. A State of Michigan through its
Surrogate Parenting Act bans the surrogacy and impose the fines of up to $10,000
or jail time up to 1 year whoever enters into surrogacy agreements.22
ii. States Which Permits the Surrogacy: There are various states of the US which
directly permits the surrogacy either through statute or case law. In Florida the
surrogacy contract is valid, binding and enforceable in court of law. Whereas the
Arkansas’s law is not expressly permitted, but allows the surrogacy contract as
valid and declares the biological father as a legal father. Nevada law makes the
contracts valid, but restricts the compensation to medical and living expenses for
the birth of the child. Illinois State allows the traditional surrogacy, but contracts
should fulfill requirements of the Gestational Surrogacy Act.479, In Canada, only
altruistic surrogacy is permitted by the Assisted Human Reproduction Act. 480
Thus, besides the above mentioned states, the California, Maryland and New
Hampshire also friendly States with surrogacy.23
iii. States who’s Legislation Silent on the Surrogacy: In such States the Courts
decide the validity of the surrogacy contract is valid by applying the Precedent
and the principles of public policy. In Doe v. Doe case the commissioning father

22 ARIZ. REV. STAT. ANN. § 25-218(B) (2007).

23 Cara Luckey, “COMMERCIAL SURROGACY: IS REGULATION NECESSARY TO MANAGE THE INDUSTRY?”
2/8/2012 p. 230 C.f. http://hosted.law.wisc.edu/wjlgs/issues/fall_2011/luckey.pdf, Visited on 23/10/2013
at 11.50. am
 and mother has the dispute regarding custody of surrogate child. In this case, the
Court refused to declare the commissioning mother as the legal mother of the
surrogate child as well as parentage over the child. In New Jersey State there is
not specific prohibition and acceptance of the surrogacy arrangement. In Baby M
Case24 the New Jersey Supreme Court declared the surrogacy contracts are against
the public policy of the New Jersey law so void, and unenforceable. Recently, the
six judge’s bench of the New Jersey Supreme Court in Pre-teen Case held that the
intended mother was required to adopt the child born to surrogate in order to be a
legal mother.
Recently, the US Citizenship and Immigration Services Department through its policy
added the surrogate mother (non-genetic gestational mother) in the definition of “mother”
and “parent” under the Immigration and Nationality Act. Therefore, now the surrogate
mother has the right to petition for US citizenship if she is a surrogate for couples holding
US citizenship because at the time of birth of the surrogate child the surrogate is
recognized as the legal parent of the child.

1.9.2 UNITED KINGDOM

Legal practitioner’s specialization in surrogacy is calling for reform. The informality of

surrogacy agreements in the UK is causing controversy and legal uncertainty, and the
process of obtaining a parental order can be a daunting minefield: commissioning parents
embark on this journey without legal assurances that a parental order will be granted in
their favor.
Section 54, HFEA 2008 permits the commissioning parents to apply to the court for a
parental order so that legal parenthood is conferred on the intended parents. Until that
order is granted the legal rights remain with the surrogate mother/parents, and so this
aspect creates uncertainty at one of the most crucial points. Section 54(2), HFEA 2008
provides that the applicants for a parental order must be:

● husband and wife;

24 Radhika Rao, Surrogacy Law in the United States: The Outcome of Ambivalence, in SURROGATE
MOTHERHOOD: INTERNATIONAL PERSPECTIVES Rachel Cook et al. eds., HART PUBLICATION 2003). p. 26
 ● civil partners of each other; or
● Two persons who are living as partners in an enduring family relationship and
are not within prohibited degrees of relationship to each other.
An application for a parental order may not be made by a single person.
Other conditions that must be met include the following (ss54 (3)-(8), HFEA 2008):

● the applicants must apply for the parental order during the period of six
months beginning on the day the child is born;
● at the time of the application and the making of the order the child’s home
must be with the applicants, and either or both of the applicants must be
domiciled in the UK, the Channel Islands or the Isle of Man;
● at the time of the making of the order both the applicants must have attained
the age of 18;
● the court must be satisfied that both the woman who carried the child and
any other person who is a parent of the child but is not one of the applicants
have freely, and with full understanding of what is involved, agreed
unconditionally to the making of the order; and
● the court must be satisfied that no money or other benefit (other than for
expenses reasonably incurred) has been given or received by either of the
applicants for or in consideration of:
● the making of the order;
● any agreement as to the making of the parental order;
● the handing over of the child to the applicants; or
● the making of arrangements with a view to the making of the order,
● Unless authorized by the court.

The paramount consideration of the court is the child’s welfare throughout their life (per
ACA 2001, s1). The courts often determine an application for a parental order on a case-
by-case basis, and case law indicates that the judiciary has been prepared to use its
discretion widely to interpret the purpose of s54, HFEA 2008 in order to protect the
welfare of the child.
There appears to have been an increase in surrogacy cases inside the UK, and the
increased number of cases has highlighted the flaws in the current legal provisions,
whether as to the time limits for applications, or the court’s interpretation of the
intentions of all the parties concerned at the time of any agreement. However, statistics
on surrogacy are limited, and therefore any considerations for reform may have to rely
heavily on the experiences of practitioners and case law to date.
Commercial surrogacy is not legal in the UK, and at present surrogates are only permitted
payments towards their reasonable expenses.

1.9.3 Russia:
In Russia, both gestational and commercial surrogacy is legal. Russia is considered as
the heaven for the surrogacy, as there is no specific legislation for the regulation of
surrogacy. A prior approval from any board or Court is not required in Russia for
entering into surrogacy arrangement.25
The surrogate children are registered as per the Clause 4, Article 51, Clause 3, Article 52
of the Russian Federation’s Family Code and Clause 5, Article 16 of the Federal Law on
Civil Status Records, 1997.

1.9.4 France
In Germany like France, Italy and Switzerland prohibits the surrogacy arrangement. A
Germany law states that, “No Medical practitioner should perform artificial insemination
or embryo donation on a woman who is willing to hand over the child to the
commissioning parents upon birth.” In France, the commercial or altruistic surrogacy
arrangement is illegal under Article 16-7 of the Civil Code1996. 26
The highest Court in France, i.e. the Cour de Cassation, ruled that surrogacy was contrary
to the principle of the non-commercialization of the human body. In Italy, all surrogacy
arrangement is prohibited through the Italian civil code 1942, art. 1325, as according to

25 K. Svitnev, ‘Legal control of surrogacy – International perspectives’,

http://www.jurconsult.ru/publications/ethical
26 IBN LIVE, ‘Thailand Bans Commercial Surrogacy,’ Posted on: 05:51 PM IST Aug 07, 2015, Cf.
http://www.ibnlive.com/news/world/thailand-bans-commercial-surrogacy-1034148.html visited on
30/10/15 at 2.00 pm
the Italian law, surrogacy agreement is against the public policy. 27Surrogacy in Georgia
is legal including an ovum and sperm donation. However, no parental rights over the
child are given to donor or surrogate. In Switzerland, surrogacy is clearly forbidden by
the Federal Act on Medically Assisted Reproduction. The Constitution of Switzerland
prohibits the Surrogacy through its Article 119, which provides, “The donation of
embryos and all forms of surrogate motherhood are unlawful.”

27 France Twine, “Outsourcing the womb,” First published 2011, Routledge Publication New York, at p.42
 CHAPTER TWO
SURROGACY: LEGAL ASPECTS

Though India has only a draft bill on surrogacy, surrogacy is more than widely practiced
in India, for the same reason India has the earned the epitaph of the world capital of
surrogacy and particularly the village of Anand in Gujarat, is popularly known as the
‘cradle of the world. one of the main reason for India being so popular destination for
surrogacy is the lack of  strict laws on surrogacy  further the laws favoring the  custody of
surrogate child with the intending couple and not with surrogate mother thereby
providing for birth certificate of surrogate  child naming the intending couple as parent ,
the cheaper cost of availing Surrogacy in India which is one third of the cost in USA or
other foreign country, the abundant availability of surrogate mother coupled with
availability of medical experts and good hospitals and infrastructure .
At present , India has an IVF  industry with $2.4 billion with 1000 clinics in India 
producing an estimated 25,000 babies a year. It is stated that Surrogacy generates US$2.3
billion annually in India
Indian‘s legal Position in Surrogacy :
In India , Surrogacy in Commercial form is formally legalized with the Supreme Court
judgment of  Baby Manji Yamanda Vs Union of India28reiterated in Jan Balaz vs Anand
Municipality29 .Subsequent to this judgement there has been a draft ART Bill which
legalized commercial surrogacy in India and other legal instruments.
Surrogacy is regulated in India under these legal instruments as following:
1.Indian Council of Medical Research (ICMR) Guidelines 2005,
2. Assisted Reproductive Technology (Regulation) Bill 2010, Draft Bill awaiting
enforcement30

28 2008(13 )SCALE 76 

29 Jan Balaz Vs. Anand Municipality & Ors.Letters Patent Appeal No.2151  of   2009
30 Assisted Reproductive Technology (Regulation) Bill 2010, Ministry of Health & Family Welfare
Government of India ,  ART Bill , http://icmr.nic.in/guide/ART%20REGULATION%20Draft%20Bill1.pdf
3. Law commission Report by Government of India Report No. 228, Need For
Legislation to Regulate  Assisted  Reproductive  Technology Clinics As Well as  Rights 
& Obligations of  Parties  to  Surrogacy” year 2009.
4. Home Ministry Regulations on Surrogacy to FRRO – VISA, January 201331.

2.1 ICMR GUIDELINES 2005,

Indian Council of Medical Research for regulating the conduct of ART clinics offering
surrogacy in India. This Guideline prescribed conduct and use of Assisted Reproductive
Technology (ART) procedures or treatment by the fertility clinics. This was a precursor
to the ART Bill Practiced by Clinics but these Guidelines are only recommendatory in
nature and are not Legally Binding.
ICMR guidelines on Assisted Reproductive Technology: lacking in vision, wrapped in
red tape
According to estimates of the WHO, 13-19 million couples in India are infertile.
Infertility due to reproductive tract infections and genital tuberculosis is preventable and
amenable to treatment, and an estimated 8 percent of infertile couples opt for medical
intervention involving the use of advanced Assisted Reproductive Technologies (ART).
It is in this context that the National Guidelines for Accreditation, Supervision and
Regulation of ART Clinics in India, by the Indian Council of Medical Research (ICMR)
and the National Academy of Medical Sciences, India, 2005, are significant.
The world’s second and India’s first IVF baby, Kanupriya alias Durga, was born in
Calcutta on October 3, 1978, about two months after the world’s first IVF baby, Louise
Brown. Since then, the field of assisted reproduction has developed rapidly. Newer
techniques, modifications of existing ones, and new approaches characterise this
specialisation. In this context, particular care needs to be taken to protect the rights of
women subjects of research as well as the consumers of these techniques. Infertile
women, given the social pressure to reproduce as well as their own intense desire to
conceive, are particularly vulnerable to commercial interests and experimentation in the

31 Need for Legislation to Regulate Assisted Reproductive Technology Clinics as well as Rights and
Obligations of Parties to Surrogacy, “, Law Commission Government of India , Report No. 228. August
2009 .
medical field, since desperation might lead them to consent to hazardous techniques in
the hope of conceiving.

Addressing some concerns

The 2005 guidelines  do take on board some of the potential hazards of these new
technologies, including:
Potential for misuse: The guidelines rightly address the possible misuse of ART, such as
sale of embryos and stem cells, particularly in the context of the ban in several countries
on research on embryos (including the US and Germany). Since ART clinics are the only
source of embryonic stem cells, which have a possible potential for use in therapeutic
situations, the guidelines caution that the stand taken by foreign governments on embryo
research opens up the possibility of embryos from developing countries (that do not have
appropriate national guidelines in this area) being commercially exploited and sold to
foreign countries. Therefore, the guidelines recommend that sale or transfer of human
embryos or gametes to any party outside the country must be prohibited. Within the
country, such embryos or gametes could be made available to bona fide researchers, with
both parties (the donor and the receiver) having no commercial transaction, interest, or
intent.32

Research in public interest: Similarly, the guidelines on research [3.2.9] make it

mandatory for the accreditation authority to approve all research that involves embryos
created in vitro, within the framework of whether the research is in public interest.
However, “public interest” has not been defined.
National database: Taking note of the risks of ARTs for future generations and the
societal gene pool, the guidelines propose the establishment of a National Database for
Human Infertility in order to track the trends of transmitting abnormal genes that might
otherwise have been rejected through natural selection in an infertile couple.
Redefining “legitimacy”: The guidelines recommend going beyond the outdated Indian
Evidence Act, 1872, that limits legitimacy of a child born to only within 280 days after
dissolution of marriage (by death or divorce): “The law needs to take note of the
32 Indian Council of Medical Research, National Academy of Medical Sciences (India). National
guidelines for accreditation, supervision and regulation of ART clinics in India. New Delhi: Ministry of
health and family welfare, government of India; 2005.
scientific advancements since that time. Thus a child born to a woman artificially
inseminated with the stored sperms of her deceased husband must be considered to be a
legitimate child notwithstanding the existing law of presumptions under our Evidence
Act. The law needs to move along with medical advancements and suitably amended so
that it does not give rise to dilemma or unwarranted harsh situations.”
However, in the main, as a document that should ideally lay down guiding principles for
research and practice related to ARTs, the guidelines fall short.

Looking through a narrow lens

In 2002, Saheli had submitted detailed recommendations to the ICMR’s Draft Guidelines
for Assisted Reproduction. While some of these were incorporated in the final document,
several areas of concern remain.
First, for the ART guidelines to stand on their own, there is a need to reiterate safeguards
for research subjects. This is particularly necessary in the commercial context where the
manufacturer in the guise of researchers themselves stands to gain from the results of the
trials. It becomes incumbent upon neutral bodies to ensure that ethical guidelines are
adhered to and also to bring to light any violations. For this, well-formulated guidelines
drafted with foresight and long-term perspective are essential. The ICMR guidelines fail
to articulate such a vision.
Reinforcing social prejudice: For instance, ethical guidelines should not accept the social
stigma attached to infertility as a norm. Societies have evolved social ways for childless
couples to deal with infertility-with, for instance, adoption, foster-parenthood, etc. The
guidelines should ideally encourage adoption and foster parenthood, and avoid loaded
statements such as: “Infertility, though not life threatening, causes intense mental agony
and trauma that can only be best described by infertile couples themselves” [in the
‘Introduction’]. It would have been more appropriate to stress the need for prevention of
infertility as a public health measure, which is guaranteed to enhance the quality of life
without ART.
Lack of flexibility: Scientific developments such as stem cell research have a direct
impact on ART. The ethical dilemmas involved in the commercial transfer of embryonic
material, stem cells, etc. are complex, and have yet to be played out in the arena of
individual lives, the medical establishment, and the market. It is still too early to visualise
all the knotty and delicate situations that could emerge. Ethical guidelines for ART need
to be broad and flexible in order to accommodate these future scenarios, but stringent
enough to prevent violation of individual rights. The guidelines leave the approval (as
well as updating) of newer techniques entirely to the National Advisory Committee
(NAC), without any guiding framework for the granting of such approval. While Chapter
9 lists the composition of the NAC, there is little detail about its functioning, mandate,
and scope.
Technocratic approach: The guidelines have detailed descriptions of technical
procedures and lists of indications for the same, as well as discussion on the diagnosis of
infertility and complications associated with the procedures, all of which are redundant.
The discussion on technical procedures is relevant only in so far as they pose foreseeable
ethical dilemmas.
Informed consent not ensured:  The crucial issue of informed consent is dealt with rather
summarily and in vague terms: “More particularly, the clinic must make sure that patients
are well informed about the treatment being offered to them, the reasons of suggesting a
particular form of treatment, and alternative therapies available if any.” Chapter 3,
dealing with ethical and legal considerations, talks only about written consent [3.2.5], but
fails to make informed consent mandatory. In fact, the nine sample consent forms in
Chapter 4 seem designed more to insure the clinic and medical personnel from legal
action, rather than to protect the rights of the individuals accessing ARTs. While
conducting clinical trials or offering newer and experimental procedures, it should be
ensured that the person is provided adequate and comprehensible information.
Information about the potential risks and benefits should be provided verbally as well as
in written form in simple, easily understandable language with minimum use of technical
jargon. Written information should be provided in the regional language whenever
necessary, even for newer, potentially complicated procedures.
In the chapter on research, the guidelines blithely state that ART offers a “unique
situation” to study the biology of reproduction in human subjects without compromising
ethical issues: “For example, it is perfectly legitimate and ethical to take tissue and body
fluid samples from an infertile couple to study the cause of infertility. This is an area that
has not been exploited in India. Another line of research that is extremely important is to
study early embryonic development — a subject that has remained in darkness for quite a
long time.” Any document of this kind is not expected to provide suggestions on what
needs to be researched; it should restrict itself to the ethical issues involved.
Rigid notions of family:  In what at first reading might appear to be a progressive move,
the guidelines recommend that there be no bar to the use of ART by a single woman who
wishes to have a child, and no ART clinic may refuse to offer its services to her.
Interestingly, the entire section has been deleted in the corrigendum.33 What pressures or
re-thinking led to this last minute deletion?
In general, ARTs should be made available to any consenting adults who desire to have a
child using these technological innovations. Neither the marital status of the persons
(married, unmarried, single, divorced) nor their sexual orientation (heterosexual,
homosexual or bisexual) should be used as a decision-making criterion. Changing social
trends the world over should be kept in mind while setting up ethical guidelines, and
accordingly the words “husband” and “wife” must be substituted by “male partner” and
“female partner”.
The guidelines state that the clinic and the couple shall have the right to have the fullest
possible information from the semen bank about the donor, such as height, weight, skin
colour, educational qualification, profession, and family background. This reinforces the
regressive notion that intelligence is strictly associated with these criteria.
While the guidelines attempt to incorporate some issues related to social justice and
gender inequality, they still fall short on many fronts. The ethical guidelines should go
beyond technicalities and build effective safeguards so that the unequal power
relationship between the providers and users of new technology is minimised. The
guidelines should also keep in mind the unequal gender balance and ensure that the rights
of women users of these technologies are not compromised in any manner.
The very title ‘National guidelines for accreditation, supervision and regulation of ART
clinics in India’ makes it clear that the ICMR, the apex body in India for the formulation,
coordination, and promotion of biomedical research, has limited itself to creating red tape
on the running of clinics. It is critical to envision future trends and lay down an ethical
framework for biomedical research, especially in the new frontier of human reproduction

33 Ibid
that could change the very face of humanity. This role, it seems, is not one that the ICMR
is ready to play.

2.2 THE ART REGULATION BILL 2014

An individual Member of Parliament has taken initiative to introduce a bill for regulating
surrogacy in the Lok Sabha, known as the house of commons or the lower house of the
parliament.34 The Bill No. 61 of 2014 named THE SURROGACY (REGULATION)
BILL, 2014 had been introduced in the Lok Sabha on 08/08/2014 as gathered from the
Lok Sabha website. This Bill was introduced by Dr. Kirit Premjibhai Solanki, MP from
Gujarat.

The ART (Regulation) Bill 2014 also maintained that the eligibility of couples to qualify
for surrogacy services is within the following definition: ‘a relationship between a male
person and female person who live together in a shared household through a relationship
in the nature of marriage which is legal in India’. The bill further restricts surrogacy
services only to infertile couples. The 2014 bill recognizes the rights of surrogate mothers
for insurance to cover up any complications that may arise during the time of
pregnancy/delivery or that may continue for the rest of her life. The bill also recognizes
the right of the surrogate mother over the unborn child and assigns priority for protection
of the surrogate mother over the child in case of any complications during childbirth. It
also restricts the number of surrogacy attempts to one live birth in a surrogate mother’s
lifetime. The 2014 bill bans surrogacy services for foreigners but allows surrogacy for
Overseas Citizen of India (OCI), Person of Indian Origin (PIO), Non-resident Indians
(NRIs) and foreigners married to an Indian citizen.
▪ Bill introduced by an individual member of parliament and is not government
sponsored bill.
▪ This Bill deals on with surrogacy arrangements alone and not with Assisted
Reproductive Technology as such.

34 Available at: http://blog.indiansurrogacylaw.com/surrogacy-bill-2014-introduced-at-indian-

parliament/( visited on march, 2nd 2020)
▪ The Bill provides to allow commercial surrogacy arrangements for couples from
abroad if they have an appointed guardian in India.
▪ Bill does not discuss ART Banks, whereby surrogate mother and egg donors can be
identified.
▪ Bill provides for insurance for surrogate mother must be sponsored by the
commissioning couple
▪ Bill provides for surrogacy for gay couples, after same sex relations are allowed in
India

One of the important comments by the Committee was that the Surrogacy Bill may be
superfluous, since most of the proposed regulation around surrogacy was already covered
in the Draft Assisted Reproductive Technology (Regulation) Bill, 2014 (henceforth “the
ART Bill”)35.

It is unclear why the ART Bill languished because, since it was first proposed in 2008,
and then revised in 2010, 2013, and 2014, each revision attempted to address vilification
of the sector at home and abroad.36

One could speculate that the ART Bill was stalled because it focused more on the
regulation of clinics and technological procedures rather than the ethical and social harms
arising from its use. It did not address commercial surrogacy, exploitation of surrogates,
and commodification of children, which is the focus of the Surrogacy Bill. Concern from
civil society was more about permissive guidelines and absent regulations that led to
exploitation of Indian surrogates by economically advantaged global commissioning
clients in cross-border, third-party reproduction. Not all of these clients were infertile,
and many used the unregulated surrogacy market for their aspirational needs (4).
Objections were not against the reproductive technology itself but its commercialisation
and resultant harms. India suddenly found itself part of the very small group of nations

35 Human Rights Watch. World Report 2016: India. [cited2017 Oct 22]
Available from: https://www.hrw.org/worldreport/2016/country-
chapters/india
36 Ibid
that allow commercial surrogacy. The reputation of being a surrogacy destination was
internationally embarrassing for India, especially alongside the criticism it currently faces
for human rights violations.37

Since qualified doctors were present on expert committees and in charge of clinics, one
can well ask how they let this happen. Were the stakes so high that professionals refused
to acknowledge the possibility of exploitation? The conflict of interest here is undeniable.
To overcome this, regulatory bodies need to be guided not only by experts, but by a wider
range of stakeholders, as well as by guidelines from other countries. Our experience so
far with radio diagnostics and organ donation, and now with assisted reproduction,
indicates that the law catches up much later in these contentious areas. We may need an
independent body to evaluate the ELSI in medical and other biological sciences in order
to anticipate social consequences and harms along with benefits of new technologies.

If the ART Bill and the Surrogacy Bill are to be merged, prohibition of commercial
surrogacy must be clearly enunciated. This is imperative to send the right message to our
citizens and to the world and ensure that the market for surrogates, including sourcing
agents, touts, and surrogate hostels, is deemed illegal. Altruistic surrogacy and modalities
of compensation can be addressed subsequently.

At 5.93, the Report says that regulation of all ART clinics is a prerequisite for the
Surrogacy Bill to be effective; the ART Bill could complement this Bill in regulating all
the structures involved in reproductive medicine and surrogacy.

2.3. THE ART SURROGACY REGULATION BILL 2016

Highlights of the Bill38

37 The Transplantation of Human Organs Act, 1994. No.42 of 1994. Govt of

India 8 July 1994
38 Malavika Ravi , August 31, 2016, “A Critical Analysis Of The Surrogacy Regulation Bill 2016”c f,
http://www.feminisminindia.com/2016/08/31/critical-analysis-surrogacy-regulation-bill-2016/#.V-
AqIDU6R_k, visited on 19/9/16, At 8.00 pm. As per the Bill
 ● Surrogacy is an arrangement whereby an intending couple commissions a
surrogate mother to carry their child.

● The intending couple must be Indian citizens and married for at least five years
with at least one of them being infertile.  The surrogate mother has to be a close
relative who has been married and has had a child of her own.

● No payment other than reasonable medical expenses can be made to the surrogate
mother. The surrogate child will be deemed to be the biological child of the
intending couple.

● Central and state governments will appoint appropriate authorities to grant

eligibility certificates to the intending couple and the surrogate mother.  These
authorities will also regulate surrogacy clinics.
● Undertaking surrogacy for a fee, advertising it or exploiting the surrogate mother
will be punishable with imprisonment for 10 years and a fine of up to Rs 10 lakh.

Key Issues and Analysis

● The Bill permits surrogacy only for couples who cannot conceive a child.  This
procedure is not allowed in case of any other medical conditions which could
prevent a woman from giving birth to a child.
● The Bill specifies eligibility conditions that need to be fulfilled by the intending
couple in order to commission surrogacy.  Further, it allows additional conditions
to be prescribed by regulations.  This may be an excessive delegation of
legislative powers.
 
● The surrogate mother and the intending couple need eligibility certificates from
the appropriate authority.  The Bill does not specify a time limit within which
such certificates will be granted.   It also does not specify an appeal process in
case the application is rejected.
 ● The surrogate mother must be a ‘close relative’ of the intending couple.  The Bill
does not define the term ‘close relative’.  Further, the surrogate mother (close
relative) may donate her own egg for the pregnancy.  This may lead to negative
health consequences for the surrogate baby.
For an abortion, in addition to complying with the Medical Termination of Pregnancy
Act, 1971, the approval of the appropriate authority and the consent of the surrogate
mother is required.  The Bill does not specify a time limit for granting such an approval.
Further, the intending couple has no say in the consent to abort.39

HIGHLIGHTS OF THE BILL

Context
Surrogacy is the practice whereby one woman carries the child for another with the
intention that the child should be handed over after birth. [1]  Such a surrogacy
arrangement may be altruistic or commercial in nature.  Altruistic surrogacy involves an
arrangement where the couple does not pay the surrogate mother any compensation other
than the medical and insurance expenses related to the pregnancy.  Commercial
surrogacy includes compensation (in cash or kind) paid to the surrogate mother, which
exceeds the reasonable medical expenses associated with the pregnancy.  Currently,
commercial surrogacy is allowed for Indian citizens.
In 2005, the Indian Council of Medical Research (ICMR) issued guidelines to regulate
surrogacy arrangementsThe guidelines stated that the surrogate mother would be entitled
to monetary compensation, the value of which would be decided by the couple and the
surrogate mother.  The guidelines also specified that the surrogate mother cannot donate
her own egg for the surrogacy and that she must relinquish all parental rights related to
the surrogate child.  
In 2008, the Supreme Court of India in the Baby Manji Yamada vs. Union of India case
highlighted the lack of regulation for surrogacy in India. In 2009, the Law Commission of
India observed that surrogacy arrangements in India were being used by foreign
nationals, and the lack of a comprehensive legal framework addressing surrogacy could
lead to exploitation of poor women acting as surrogate mothers.  Further, the Law

39 Ibid
Commission recommended prohibiting commercial surrogacy, allowing altruistic
surrogacy and enacting a law to regulate matters related to surrogacy.  In 2015, a
government notification prohibited surrogacy for foreign nationals  The Surrogacy
(Regulation) Bill, 2016 was introduced in Lok Sabha on November 21, 2016. 40
Key Features
Purposes for which surrogacy is permitted

● The Bill prohibits commercial surrogacy, and allows altruistic surrogacy.

Altruistic surrogacy does not involve any monetary compensation to the surrogate
mother other than the medical expenses and insurance coverage during the
pregnancy.  Commercial surrogacy includes surrogacy or its related procedures
undertaken for a monetary benefit or reward (in cash or kind) exceeding basic
medical expenses and insurance coverage.
 
● The Bill permits surrogacy when it is: (i) for intending couples who suffer from
proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for
producing children for sale, prostitution or other forms of exploitation; and (v) for
any other condition or disease specified through regulations.
Eligibility criteria for the intending couple and the surrogate mother

● The intending couple should have a ‘certificate of essentiality’ and a ‘certificate

of eligibility’ issued by the appropriate authority. The surrogate mother too needs
a ‘certificate of eligibility’.
 
● A certificate of essentiality will be issued to the intending couple upon fulfilment
of the following conditions: (i) a certificate of proven infertility of either or both
of them; (ii) an order of parentage and custody of the surrogate child passed by a
Magistrate’s court; and (iii) insurance coverage for the surrogate mother.
 
● The certificate of eligibility to the intending couple is issued upon the fulfilment
of the following conditions: (i) the couple being Indian citizens and married for at

40 Ibid
 least five years; (ii) between 23 to 50 years old (wife) and 26 to 55 years old
(husband); (iii) they do not have any surviving child (biological, adopted or
surrogate), except if the child is mentally or physically challenged or suffers from
a life threatening disorder; and (iv) such other conditions that may be specified
through regulations.

● To obtain a certificate of eligibility from the appropriate authority, the surrogate

mother has to: (i) be a close relative of the intending couple; (ii) be an ever
married woman having a child of her own; (iii) be 25 to 35 years old; (iv) not
have been a surrogate mother earlier; and (iv) have a certificate of medical and
psychological fitness.
Parentage and abortion of surrogate child

● A child born out of a surrogacy procedure will be deemed to be the biological

child of the intending couple.
● An abortion of the surrogate child requires the written consent of the surrogate
mother and the authorisation of the appropriate authority. Further, this
authorisation will have to be compliant with the Medical Termination of
Pregnancy Act, 1971. 
Appropriate authority and registration of surrogacy clinics

● The central and state governments will appoint one or more appropriate
authorities.  The functions of the appropriate authority include: (i) granting,
suspending or cancelling registration of surrogacy clinics; (ii) enforcing standards
for surrogacy clinics; and (iii) investigating and taking action against complaints
of breach of the Act. The appropriate authority comprises the Joint Director of the
state Health Department, an officer of the state Law Department, a medical
practitioner, and an eminent woman. 41

41 Ibid
 ● Surrogacy clinics cannot undertake surrogacy or its related procedures unless they
are granted registration by the appropriate authority.  Clinics must apply for
registration within a period of 60 days from the date of appointment of the
appropriate authority. This application will be accepted or rejected within 90
days.  No human embryo or gamete can be stored by a surrogacy clinic for the
purpose of surrogacy.
National and State Surrogacy Boards

● The central and state governments shall constitute the National Surrogacy Board
(NSB) and the State Surrogacy Boards (SSBs), respectively.  Functions of the
NSB include: (i) advising the central government on surrogacy policy; (ii) laying
down the code of conduct of surrogacy clinics; and (iii) supervising the
functioning of SSBs.
● Functions of the SSBs include: (i) monitoring the implementation of the
provisions of the Act; and (ii) reviewing the activities of the appropriate
authorities functioning at the state/union territory level.
Offences and penalties

● The Bill creates certain offences which include: (i) undertaking or advertising
commercial surrogacy; (ii) exploiting the surrogate mother; and (iii) selling or
importing human embryos or gametes for surrogacy. These offences will attract a
penalty of 10 years and a fine of up to 10 lakh rupees.
● Issues related to the surrogate mother being a ‘close relative’
● ‘Close relative’ not defined
● The Bill specifies various conditions that need to be fulfilled by a surrogate
mother in order to be eligible for a surrogacy procedure.  Upon fulfilling these
conditions, the surrogate mother may obtain an eligibility certificate from the
appropriate authority.  One of the conditions to be proved is that the surrogate
mother is a ‘close relative’ of the intending couple who commission the
surrogacy.  However, the Bill does not specify who will be a ‘close relative’.  
● Some other laws define terms such as ‘relative’ or ‘near relative’.  For example,
the Transplantation of Human Organs and Tissues Act, 1994 specifies that a
 living donor has to be a ‘near relative’.  It defines a ‘near relative’ to include
spouse, son, daughter, father, mother, brother or sister.  The Companies Act, 2013
defines a ‘relative’ as: (i) members of a Hindu Undivided Family; (ii) husband
and wife; or (iii) other relations prescribed under the Act.
● Close relative can be the biological donor for the surrogate baby
● Upon meeting eligibility conditions outlined in the Bill, a close relative can act as
a surrogate or help in surrogacy by donating her egg or oocyte or otherwise.  This
provision differs from current surrogacy regulations.  The current ICMR
guidelines (2005) do not allow the surrogate mother to be an egg donor for the
intending couple who have a surrogacy arrangement with her.  Further, the Draft
Assisted Reproductive Technology (Regulation) Bill, 2014 also stated that an egg
donated by a relative of the couple seeking surrogacy must not be accepted by
clinics.[
● The surrogate mother being allowed to donate her egg as a part of the surrogacy
arrangement may have adverse medical implications as the definition of ‘close
relative’ is unclear.  As per the Bill, the ‘surrogate mother’ is required to be
genetically related to the intending couple.  If a surrogate mother is a close
relative of the male member of the intending couple (e.g., his sister), and is
allowed to donate her egg for the surrogacy, it may result in congenital anomalies
for the surrogate child.  According to the World Health Organisation, when
biological parents are related by blood, the prevalence of rare genetic congenital
anomalies increases.
Authorisation for termination of pregnancy
Approval for termination of pregnancy from the appropriate authority
● Under the Bill, authorisation of the appropriate authority is mandatory for an
abortion to be done during the period of surrogacy.  The authorisation also has to
comply with the provisions of the Medical Termination of Pregnancy (MTP) Act,
1971, which specifies the grounds for termination of pregnancy.  However, the
 Bill does not specify the time period by which such authorisation for abortion has
to be given. 42

● Intending couple has no say in the consent to abort a surrogate child

● An abortion of the surrogate child requires the written consent of the surrogate
mother and an authorisation by the appropriate authority.  The Bill further states
that no person may force the surrogate mother to abort the foetus.  However, after
the birth, the child is considered the biological child of the intending couple and
they are responsible for bringing up the child.  If a child being born out of
surrogacy arrangement is at the risk of physical or mental abnormalities, under the
Bill only the surrogate mother’s consent will be required to abort the child.  The
intending couple will have no role in this decision.  Under the provisions of the
MTP Act, 1971, abortion in such cases is allowed with the consent of the
‘pregnant woman’.  The complexity in the case of surrogacy is that the surrogate
mother (who is carrying the child) is different from the intending couple who has
to bring up the child.  
● Presumption that the surrogate mother was compelled to be a surrogate
● If a surrogate mother renders surrogacy services other than those permitted under
the Bill, it shall be presumed that she was compelled to do so by: (i) her husband;
(ii) the intending couple; or (iii) any other relative.  They will be liable for
abetting the offence of initiating commercial surrogacy.  The burden of proof is
on these parties to establish that they did not compel the surrogate mother. 
Further, the Bill does not define ‘relative’ for this purpose.  It is unclear why the
Bill seeks to reverse the burden of proof from the prosecution to the defendants. 
● Ordinarily, the burden of proof is on the prosecution to prove that a certain
wrongful act was committed by the defendant, and not on the defendant to prove
that he did not commit that act.  In some laws where the burden of proof  is
reversed, there are typically some circumstantial conditions which the prosecution

42 BabyManji Yamada vs. Union of India and Another; (2008)

13 SCC 518.
 needs to prove in order for the court to presume that the defendant has committed
the crime.43
● Storage of embryo or gamete for surrogacy not allowed
● The Bill prohibits storage of embryos and gametes (unfertilised egg and sperm)
for the purpose of surrogacy.  This differs from the current ICMR guidelines
(2005) which allow the storage of embryos for a period of five years. 2  The
prohibition on storage of egg or sperm may have adverse health implications for
the intending mother. 
● Typically, for a surrogacy, the eggs are extracted from the intending mother and
are implanted in the surrogate mother’s uterus.  The success rate of one
implantation is below 30%, therefore, multiple implantation attempts may be
required. To ensure availability of eggs for the multiple attempts, extra eggs are
extracted and stored.  Note that the intending mother needs to undergo extensive
hormonal treatment for this extraction.  Repeated stimulation for extraction of
eggs leads to the risk of Ovarian Hyperstimulation Syndrome (OHSS) for the
intending mother.  In some rare cases, OHSS may lead to complications like
blood clots and kidney failure.44

2.4 CRITICAL ANALYSIS OF THE SURROGACY (REGULATION) BILL, 2019

The Surrogacy (regulation) bill, 2016 was introduced in Lok Sabha on 21st November,
2016 and on 12th January, 2017 it was referred to the standing committee. Thereafter on
10th August 2017 the committee gave its report on the same to Lok Sabha and on the
basis of that report Lok Sabha passed the bill on 19th December 2018.

The Surrogacy bill, 2016 focuses on prevention of commercial surrogacy and promotion
of altruistic surrogacy. The bill also safeguards the surrogate mother and child from
exploitation. Surrogacy is a way by which an infertile married couple who are eligible in

43 Rajeev Kumar vs. State of Haryana, AIR 2014 SC 227; Sanjiv Kumar vs. State of Punjab, (2009 ) 16
SCC 487.
44 Ovarian Hyperstimulation Syndrome, U.S. National Library of
Medicine, https://medlineplus.gov/ency/article/007294.htm.
accordance with the provisions of the bill can now bear a child with help of a surrogate
mother eligible as per provisions of the bill. However, the surrogate mother will not be
given any monetary benefit or compensation for renting her womb to intended couple
except her medical and insurance expenses during pregnancy.

The proposed legislation provides for registration of surrogacy clinics and establishment
of National and State surrogacy board and Appropriate Authority.

The Surrogacy (Regulation) Bill, 2019

Ministry: 
Health and Family Welfare45

● The Surrogacy (Regulation) Bill, 2019 was introduced by the Minister of Health
and Family Welfare, Dr. Harsh Vardhan in Lok Sabha on July 15, 2019. The Bill
defines surrogacy as a practice where a woman gives birth to a child for an
intending couple with the intention to hand over the child after the birth to the
intending couple.
 
● Regulation of surrogacy: The Bill prohibits commercial surrogacy, but allows
altruistic surrogacy.  Altruistic surrogacy involves no monetary compensation to
the surrogate mother other than the medical expenses and insurance coverage
during the pregnancy.  Commercial surrogacy includes surrogacy or its related
procedures undertaken for a monetary benefit or reward (in cash or kind)
exceeding the basic medical expenses and insurance coverage.
 
● Purposes for which surrogacy is permitted: Surrogacy is permitted when it is:
(i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not
for commercial purposes; (iv) not for producing children for sale, prostitution or

45 The Surrogacy (Regulation) Bill, 2019 BY Ministry: 

Health and Family Welfare passed in August 5, 2019
 other forms of exploitation; and (v) for any condition or disease specified through
regulations.
 
● Eligibility criteria for intending couples: The intending couple should have a
‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the
appropriate authority.
 
● A certificate of essentiality will be issued upon fulfilment of the following
conditions: (i) a certificate of proven infertility of one or both members of the
intending couple from a District Medical Board; (ii) an order of parentage and
custody of the surrogate child passed by a Magistrate’s court; and (iii) insurance
coverage for a period of 16 months covering postpartum delivery complications
for the surrogate.
 
● The certificate of eligibility to the intending couple is issued upon fulfilment of
the following conditions: (i) the couple being Indian citizens and married for at
least five years; (ii) between 23 to 50 years old (wife) and 26 to 55 years old
(husband); (iii) they do not have any surviving child (biological, adopted or
surrogate); this would not include a child who is mentally or physically
challenged or suffers from life threatening disorder or fatal illness; and (iv) other
conditions that may be specified by regulations.46
 
● Eligibility criteria for surrogate mother: To obtain a certificate of eligibility
from the appropriate authority, the surrogate mother has to be: (i) a close relative
of the intending couple; (ii) a married woman having a child of her own; (iii) 25
to 35 years old; (iv) a surrogate only once in her lifetime; and (v) possess a
certificate of medical and psychological fitness for surrogacy.  Further, the
surrogate mother cannot provide her own gametes for surrogacy.
 

46 Surrogacy bill is long overdue. The Hindu Editorial, 2016 .

● Appropriate authority: The central and state governments shall appoint one or
more appropriate authorities within 90 days of the Bill becoming an Act.  The
functions of the appropriate authority include; (i) granting, suspending or
cancelling registration of surrogacy clinics; (ii) enforcing standards for surrogacy
clinics; (iii) investigating and taking action against breach of the provisions of the
Bill; (iv) recommending modifications to the rules and regulations.
 
● Registration of surrogacy clinics: Surrogacy clinics cannot undertake surrogacy
related procedures unless they are registered by the appropriate authority.  Clinics
must apply for registration within a period of 60 days from the date of
appointment of the appropriate authority.
 
● National and State Surrogacy Boards: The central and the state governments
shall constitute the National Surrogacy Board (NSB) and the State Surrogacy
Boards (SSB), respectively.  Functions of the NSB include, (i) advising the
central government on policy matters relating to surrogacy; (ii) laying down the
code of conduct of surrogacy clinics; and (iii) supervising the functioning of
SSBs.
 
● Parentage and abortion of surrogate child: A child born out of a surrogacy
procedure will be deemed to be the biological child of the intending couple.  An
abortion of the surrogate child requires the written consent of the surrogate
mother and the authorisation of the appropriate authority.  This authorisation must
be compliant with the Medical Termination of Pregnancy Act, 1971.  Further, the
surrogate mother will have an option to withdraw from surrogacy before the
embryo is implanted in her womb.
 
● Offences and penalties: The offences under the Bill include: (i) undertaking or
advertising commercial surrogacy; (ii) exploiting the surrogate mother; (iii)
abandoning, exploiting or disowning a surrogate child; and (iv) selling or
importing human embryo or gametes for surrogacy.  The penalty for such
 offences is imprisonment up to 10 years and a fine up to 10 lakh rupees.  The Bill
specifies a range of offences and penalties for other contraventions of the
provisions of the Bill.
 
The Surrogacy (Regulation) Bill, 2016 passed by Lok Sabha provides for the following:
Section 2 provides for:
Altruistic surrogacy altruistic surrogacy means the surrogacy in which no charges,
expenses, fees, remuneration or monetary incentive of whatever nature, except the
medical expenses incurred on surrogate mother and the insurance coverage for the
surrogate mother, are given to the surrogate mother or her dependents or her
representative.

Commercial surrogacy commercial surrogacy means commercialization of surrogacy

services or procedures or its component services or component procedures including
selling or buying of human embryo or trading in the sale or purchase of human embryo or
gametes or selling or buying or trading the services of surrogate motherhood by way of
giving payment, reward, benefit, fees, remuneration or monetary incentive in cash or
kind, to the surrogate mother or her dependents or her representative, except the medical
expenses incurred on the surrogate mother and the insurance coverage for the surrogate
mother;

Couple as legally married Indian man and woman above the age of 21 years and 18 years
respectively married Man and Woman.

Surrogacy means a practice whereby one woman bears and gives birth to a child for an
intending couple with the intention of handing over such child to the intending couple
after the birth;

Important Provisions of Bill

Section 3 of the Act provides for:
1) Compulsory Registration of Surrogacy Clinic,
2) No surrogacy at other place than registered clinic, no Specialist or medical practitioner
shall perform commercial surrogacy
3) No Specialist or medical practitioner to perform without qualification
4) No promotion or aid or advertisement
* of commercial surrogacy in any way by clinic or any person
* That encourage a women to be a surrogate mother
* Seeks a women to Act as a surrogate
* Implies the willingness of a women to become a surrogate
5) No abortion without consent of mother and Appropriate Authority (such authorisation
should comply with the provisions of the Medical Termination of Pregnancy Act, 1971)
6) NO storage of Human Embryo or Gamete is allowed for surrogacy purpose.

Regulation of Surrogacy and Surrogacy Procedures

Section 4- Under following purposes surrogacy is permitted- Infertile, Altruistic
(Unselfish) purpose, No commercial surrogacy, No prostitution or sale of born surrogate
child, for any other purpose or disease for which regulation made by Board allows.

Sec 4(3) Director or In-charge of clinic and specialist of clinic are satisfied that following
Conditions are fulfilled-
Certificate is issued by competent Authority after confirming the below conditions-
1) Certificate of infertility to the couple intending surrogacy by District Medical Board,
2) Order of Court passed by a Magistrate of the first class or above, regarding custody
and parentage of child,
3) Insurance of Surrogate mother and child.

Disadvantages of the Bill

# While the advantages of the Bill are limited, the disadvantages of the same are
multifaceted. The right to life, under Article 21 of the Constitution enshrines the right to
reproductive autonomy, inclusive of the right to procreation and parenthood. It is not the
domain of the state to interfere with such rights as they constitute the fundamental rights.
It is the prerogative of the persons to decide the mode of parenthood, that is, whether to
have a child born naturally or by means of surrogacy.

# The Bill allows for surrogacy only for married couples and to that extent, excludes the
people belonging to the LGBTQ community, live-in couples, and single, divorced or
widowed parents, thereby criminalising their exercise of reproductive autonomy in this
regard.

# Article 14 of the Constitution guarantees a fundamental right to equality. The Bill

restricts the limited and conditional surrogacy to married Indian couples only and further
disqualifies other persons, based on their nationality, sexual orientation, marital status
and/or age. This shall not stand the equality test or the test of reasonable classification
under the Article.

# The Bill contradicts the law of adoption in India. Section 7 and 8 of the Hindu
Adoption and Maintenance Act, 1956, and Section 57 of the Juvenile Justice Act, 2015,
allows conditional adoption for single and divorced parents.

# The Bill also limits the autonomy of married couples and potential surrogates to a huge
extent, by means of stringent conditions and requirements of eligibility certificates. The
heavy onus laying prerequisites such as childlessness, five years of non-conception for
intending parents, the surrogate being a close relative, amongst others, are prone to
criticisms

Besides this, the Bill blatantly ignores the fact that the women who opt for being
surrogate mothers are from economically vulnerable backgrounds and for them,
surrogacy is a source of livelihood. A complete ban on commercial surrogacy deprives
them of their livelihood and rather, expects them to undergo reproductive labour without
any compensation.
SECTIONS
The Supreme Court is still seized of an appeal against this decision and during its hearing
the Supreme Court felt a grave need on the subject which made way for the proposal of
the bill of Parliament.

All these cases have provoked academic interest and have brought the surrogacy ban bill
into existence that rules out surrogacy rules for foreign citizens approaching Indian
mothers.
The ban is already in place through a letter dated 28th September,2015 from ICMR to all
clinics in India that directs them not to assist foreign couples in having a child through an
Indian surrogate mother.

Eligibility certificate of surrogate mother by Appropriate Authority

1) Ever married woman having own child (25-35 age).
2) Close relative (Not defined in this Act)
3) One surrogate birth in her life time (no limit for attempts)
4) Medical and psychological Fitness certificate of intending surrogate mother.

Eligibility of Intending couple Appropriate Authority

1) Age women 23 to 50 man 26 to 55,
2) 5 years of marriage,
3) Indian citizen,
4) No child before by any way (exception- child having life threatening disease or
disorder with no cure with certificate of district medical Board)

Section 6: Written consent of the surrogate mother is necessary and she shall be told all
the side effects of the birth.
Section 7: No child shall be abandoned (Defined under Section 2(a) of the Act) by the
intending parents after birth for any reason or defect or gender. (Child born by surrogacy
shall be deemed to be a natural child)
Section 9: No person shall in any way force the surrogate mother to abort the child.

Protection of surrogate mother

Section 35
Prohibition of commercial surrogacy and exploitation of surrogate mother, child born.
1. No person or group shall undertake commercial surrogacy or provide any relating
service.
2. No advertisement or publication for commercial surrogacy
3. No person shall disown abandon exploit in any form the child
4. No person shall exploit the surrogate mother
5. No person shall sell human embryo or gamete for surrogacy
6. No person shall import or help in import of human embryo or gamete for surrogacy
These Acts are punishable with Imprisonment of not less than 10 years and fine may
extend up to 10 lakh.

Section 36 - Punishment for contravention of any provisions of the Act

Imprisonment of not less than 5 years and fine may extend up to 10 lakh.

Section 37
Punishment for initiation of commercial surrogacy
Any person who seeks commercial surrogacy shall be punishable with imprisonment for
a term which shall not be less than five years and with fine which may extend to five lakh
rupees for the first offence and for any subsequent offence with imprisonment which may
extend to ten years and with fine which may extend to ten lakh rupees.

Section 38
Penalty for Contravention of provisions of Act or rules for which no specific punishment
is provided shall be punishable with 3 years + 5 lakhs continuing contravention 10,000
for every day.
Section 39

Presumption in case of surrogacy

Notwithstanding anything contained in the Indian Evidence Act, 1872, the Court shall
presume, unless the contrary is proved, that the woman or surrogate mother was
compelled by her husband, the intending couple or any other relative, as the case may be,
to render surrogacy services, procedures or to donate gametes for the purpose other than
those specified in clause (ii) of Section 4 and such person shall be liable for abetment of
such offence under Section 37 and shall be punishable for the offence specified under that
Section.”

The Bill is yet to be introduced in Rajya Sabha and after the accent of president the bill
will become an Act.

Provisions of Surrogacy (Regulation) Bill 2016:

# The bill is applicable to all the states of India except Jammu and Kashmir. The bill
provides the constitution of National Surrogacy board and State Surrogacy board for
regulation of surrogacy process.
# The bill is providing surrogacy to only Indian citizens. Foreigners, NRI, PIOs are not
allowed.
# Homosexuals and Single parents are also not allowed for surrogacy and bars the couple
who already have children.
# The bill provides that women can only surrogate once in her lifetime and her age should
be in between 25 to 35 years....
# The couple who intend for surrogacy should be aged between 23 to 50 years and
married for at least 5 years.
# The bill also provides provision for the custody of the child to be born which The bill
contains the provision of penalty and imprisonment if the person violated the law.

NATIONAL SURROGACY BOARD

The board consists of:
Chairperson – Minister in-charge of Ministry of Health and Family Welfare Vice
Chairperson - Secretary to the government of India in-charge of the Department dealing
with surrogacy matters.

Members – Three women members of Parliament, Three members of Ministries of

Central government from Women and Child Development, Legislative Department in
Ministry of Law and Justice and Ministry of Home Affairs not below the rank of Joint
Secretary.
Director-General of Health Services of the Central Government.

National and State Surrogacy Boards

The central and state governments shall constitute the National Surrogacy Board (NSB)
and the State Surrogacy Boards (SSBs), respectively. Functions of the NSB include:
(i) advising the central government on surrogacy policy
(ii) laying down the code of conduct of surrogacy clinics; and (iii) supervising the
functioning of SSBs.

Functions of the SSBs include:

(i) monitoring the implementation of the provisions of the Act
(ii) reviewing the activities of the appropriate authorities functioning at the state/union
territory level.

Authorisation for termination of pregnancy

Approval for termination of pregnancy from the appropriate authority
Under the Bill, authorisation of the appropriate authority is mandatory for an abortion to
be done during the period of surrogacy. The authorisation also has to comply with the
provisions of the Medical Termination of Pregnancy (MTP) Act, 1971, which specifies
the grounds for termination of pregnancy. However, the Bill does not specify the time
period by which such authorisation for abortion has to be given.

Intending couple has no say in the consent to abort a surrogate child

An abortion of the surrogate child requires the written consent of the surrogate mother
and an authorisation by the appropriate authority. The Bill further states that no person
may force the surrogate mother to abort the foetus. However, after the birth, the child is
considered the biological child of the intending couple and they are responsible for
bringing up the child. If a child being born out of surrogacy arrangement is at the risk of
physical or mental abnormalities, under the Bill only the surrogate mother’s consent will
be required to abort the child. The intending couple will have no role in this decision.
Under the provisions of the MTP Act, 1971, abortion in such cases is allowed with the
consent of the ‘pregnant woman’.

The complexity in the case of surrogacy is that the surrogate mother (who is carrying the
child) is different from the intending couple who has to bring up the child.

Presumption that the surrogate mother was compelled to be a surrogate

If a surrogate mother renders surrogacy services other than those permitted under the Bill,
it shall be presumed that she was compelled to do so by:
(i) her husband;
(ii) the intending couple or any other relative.
(iii) They will be liable for abetting the offence of initiating commercial surrogacy. The
burden of proof is on these parties to establish that they did not compel the surrogate
mother. Further, the Bill does not define ‘relative’ for this purpose.

It is unclear why the Bill seeks to reverse the burden of proof from the prosecution to the
defendants.

Ordinarily, the burden of proof is on the prosecution to prove that a certain wrongful act
was committed by the defendant, and not on the defendant to prove that he did not
commit that act.

In some laws, where the burden of proof is reversed, there are typically some
circumstantial conditions which the prosecution needs to prove in order for the court to
presume that the defendant has committed the crime.

Storage of embryo or gamete for surrogacy not allowed

The Bill prohibits storage of embryos and gametes (unfertilised egg and sperm) for the
purpose of surrogacy. This differs from the current ICMR guidelines (2005) which allow
the storage of embryos for a period of five years. The prohibition on storage of egg or
sperm may have adverse health implications for the intending mother.

Typically, for a surrogacy, the eggs are extracted from the intending mother and are
implanted in the surrogate mother’s uterus. The success rate of one implantation is below
30%, therefore, multiple implantation attempts may be required.

To ensure availability of eggs for the multiple attempts, extra eggs are extracted and
stored. Note that the intending mother needs to undergo extensive hormonal treatment for
this extraction.
Repeated stimulation for extraction of eggs leads to the risk of Ovarian Hyperstimulation
Syndrome (OHSS) for the intending mother. In some rare cases, OHSS may lead to
complications like blood clots and kidney failure.

CHAPTER III
 RIGHTS OF SURROGATE PARTIES

This bit of the recommendation should pull back the upsides of an inside individual
mother concerning her flourishing, her conceptive succeeding and human rights which
are to be ensured about during and after the surrogacy plan. This zone weaves into what
surrogacy is, the different issues a substitute mother needs to cognizance and amassed
human rights infringement against her. In like way, extraordinary Indian and all around
laws typical for the support of her thriving, conceptual accomplishment and human rights
are given an alarm. The authority has in like way returned to and bound the regenerative
central inspirations driving the go between mother. It is all around observed that the
upsides of substitute mother are paid no repel after she gives the vivacious to the
surrounded watchmen. It is also to be gotten some data concerning how the upsides of
going between mothers are to be ensured in the light of ICMR Guidelines, 2005 and the
proposed legislation. 47

In this hypothesis work, the authority has clarified what surrogacy is. Surrogacy is only a
system wherein the couples who have clinical issues in considering in pack or when they
don't wish to imagine, wearisome deftly of thoroughly examining which another lady
bears their childhood in her abdomen and later offers it to the sifted through parents. . 48
But over this, explicitly, the abundancy of inside solitary mother who bears the pre-
grown-up for the basic guards is the most objective. In by a wide edge a colossal piece of
the cases the substitute mother is dependably exculpated and her thriving isn't considered
by the proposed watches. In any way using any systems, when the essential screens really
pick surrogacy, they ought to from a general perspective base on the accomplishment, the
regenerative thought of the substitute mother and ought to in like way ensure that the
human rights guaranteed to her by different Indian and general laws are not mishandled.

47 The legislation proposed by the Indian Parliament is “The Assisted Reproductive Technologies
(Regulation) Bill, 2010”.
482 Dolgin, Janet L. and Shepherd, Lois L., Bio-ethics and the Law, 2nd ed. 2009, pp.163-164.
Here an evaluation has been made concerning the upsides of the substitute mother before
the pregnancy, during the pregnancy and after the vehicle of inside particular juvenile.
The earnest bit of such rights is the bit of slack and astonishing execution of the relative.
It is proposed by the pro that the surrogacy gratefulness ought to be unequivocally acted
in its letter and soul.

3.1 Rights of the Surrogate Mother vis-à-vis Duties of the Intended Parents:
Jurisprudentially, the law joins express sorts of rules controlling human direct and the
relationship of savage worth is in like way worried over executing the rights and
commitments made by law. On the off chance that we talk about 'rights', it impacts in
similarity with 'enormous quality'. The word 'right' is dispersed from the Latin
explanation 'rectus' from which we close words, for example, right, goodness, and so on.
'Right' is other than utilized as closeness the Latin verbalization 'jus' from which are
settled words, for example, on a key level, legitimize, and so forth likewise, in this sense
'right' disentangles what is only, a sensible law, a sensible deed. 'Rights' are in the
introductions of Hobhouse, 'what we may imagine from others and others from us.' 49 All
these words can be seen especially concerning society and open new unexpected
unforeseen new development, without which an individual can not build up his own
character, nor can he fittingly release his social obligations. Right when a man is said to
hold a scramble of breathing space to do anything or to be regulated pondering a specific
objective, what is amassed is that general proclivity would see him do the show or utilize
the thing or he be overseen considering a specific objective with recommendation at any
rate he would criminal the direct of any one who will shield him from doing the
appearing or utilizing the thing or would dismissal to treat him in that specific way.

A lit up society is basically worried over such sort of rights as are seen by law and kept
up by the intensity of the State. Along these lines, a 'certifiable right' can be clarified in
its strictest sense as a huge of controlling the activities of others, which lives in a specific
man, with the consent and help of the State. Fittingly, every right, regardless of whether
or not weird or bona fide, slackens up the dynamic or uninvolved assistance by others of

49 Freeman, M.D.A., Llyod’s Introduction to Jurisprudence, 8th ed. 2008, pp.394-395.

the necessities of the get-together having the right. Any place any one is set up for such
assistance concerning others, such improvement as far as it matters for them ought to be
their 'dedication' and in the event that it is executed by the force of the State to which
they are managable, it is their 'genuine commitment'.

In like manner, in this stand-detached condition, where the master mother has certain
focal obsessions to be cleaned by her against the standard screens, the proposed watches
in like way have certain commitments to be cleaned to support the substitute mother. It is
in like manner a devotion of the substitute mother to pass on a pre-grown-up for nine
months; it is a scramble of room of proposed guardians to have such youth. Symbolically,
to give out an ideal condition to proposed watches is to suggest that inside individual
mother is under a relating obligation. The rights and commitments of the social
gatherings can be fixed by going into a 'surrogacy agreement'50 , which would be
unbelievably enforceable in the official courts. Here, the strong contraption can request
that the sorted out gatekeepers help through the presentation of their part, the guaranteed
focal motivations driving the substitute mother.

Plainly, a 'dedication', which is casted on the masterminded monitors, is consistently an

introduction which one should do, a show some excellent alternative from which would
not be right. It diagrams for positive acts, not in inconsequential avoiding doing. For
instance, a commitment not to uncover the beginning through IVF is a negative
methodology for drawing out a positive affirmation keep it puzzle.

With commitments we may detach duties. Responsibilities, similar to wrongs, are of two
sorts, being either fundamental or genuine. Totally when law on surrogacy will see a go
about as a dedication, it will everything pondered confirmation its presentation, or loathes
its nonattendance of regard. In referencing sense, commitment is something owed by one
individual to another. Correspondingly, the last has an ideal situation against the past. In
the event that it is a dedication of the middle individual mother to pass on an immature
for nine months, it is a kept up condition of anticipated that guardians ought to have such
vivacious. Ceaselessly end, to give out a limitless condition to enveloped watchmen is to
interpret that go-between mother is under a separating obligation.

50 See chapter 7.2 Annexure – ‘A’ for ‘Model Draft Surrogacy Agreement’.
Genuine extraordinary conditions of the littlest bit of get-togethers to the surrogacy in
guaranteed sense contain the correlative commitments of other structure of get-togethers.
Purpose behind truth, we will think about the ensured rights from a perseveringly wide
perspective. In this standard sense, an authentic right might be plot as any bit of room or
faultless position presented upon an individual by rule of law.

Sound rights from a clearly wide perspective include: -

a) Rights (in the referencing sense),

b) Liberties,

c) Powers, and

d) Immunities

These has its correlative, to be express,

a) Duties,

b) No rights,

c) Liabilities, and

d) Disabilities51

Along these lines, right of director mother to have fitting remedies, updates and diet is the
vicinity of duty of shaped watchmen and the risk of predicted that gatekeepers ought to
guarantee the life of substitute mother is the closeness of force in focus express mother.

Furthermore, the corner to corner shocks interface jural mixes from the standard. Hence,
no evidently over the eager by substitute mother is the nonappearance of right in her and
insufficiency is the nonattendance of intensity in her. The level stifles right hand the
contradictories of correlatives. In like way, opportunity (not) of filtered through
guardians is the nonappearance of right in go-between mother. Considering, requirement

51 Freeman, M.D.A., Llyod’s Introduction to Jurisprudence, 8th ed. 2008, pp.396-398.

 52
is the nonattendance of intensity in another. The rights and responsibilities of the get-
togethers to surrogacy can be picked under: -

3.1.1 Rights of the Surrogate Mother:

This diagram joins following rights:

1) Right of the closeness associate of Surrogate Mother to give assent for Surrogacy

2) Human Rights of the Surrogate

3) Right of Surrogate to prospering

4) Right to have authentic course for going into Surrogacy Arrangement

5) Right to pick the referencing making from Surrogacy Arrangement at Pre-

Litigation Stage

6) Right to pick the referencing making from Surrogacy Arrangement by Arbitration

and Conciliation

7) Right to connection/visiting focal purposes behind substitute mother to the

energetic

8) Right to have right data about the gatherings to surrogacy approach

9) Right to have wary and sensible choice for going into surrogacy approach

10) Right of dauntless quality for going into surrogacy approach

11) Right to be clarified the substance of go-between gratefulness in the central

language or neighborhood language of the get-togethers

12) Right to have surrogacy seeing as necessities be during pregnancy

52 For further details see Salmond, John William and Fitzgerald, Patrick John, Salmond on Jurisprudence,
Sweet & Maxwell, London, 1966 ed., Chapter - 7.
13) Surrogate mother to hold part package to her on deficiency to imagine inspite of
three IVF structures

14) Right of go between mother to consider the mental and clinical hazards related
with the surrogacy structure

15) Right of focus singular mother not to control any supporters paid by the proposed
screens in occasion of unnatural birth cycle or less ideal birth at the event of the built
screens or by the going to pro power

16) Right of go-between mother to reasonable pay

3.1.2 Corresponding Duties of the Intended Parents:

This class joins following duties:

1) Obligation of proposed guardians to manage all expenses of substitute moms'

clinical assessment

2) Obligation of foreseen that guards should experience clinical assessment under the
course of the expert getting authority all together pick their uncommon accomplishment
(HIV+ and AIDS, and so on.) before IVF structure

3) Duty of proposed watchmen to hold up under the expense of any unnatural birth
cycle or dangerous birth

4) Duty of proposed watchmen to pay reasonable remuneration to focus unequivocal

mother and to pay all costs of surrogacy strategy to the concerned master or over the top,
investigate office, and so on.

5) Duty of the proposed watchmen to pay forthwith the obstetrical, nursing, focus and
maternity care, pharmaceuticals and pediatric idea or other clinical expense and charges

6) Duty of proposed guardians to accreditation the lost wages of within singular

mother, kid care costs, transportation costs as appeared by the information
7) Duty of proposed watchmen to pay a fixed total of cash to go between mother as a
help for the unborn pre-grown-up and thought to repay her for her anguish, sufferings and
loads endured by her and her family

8) Duty of foreseen that gatekeepers should pay the beginning late referenced
remuneration to the go between mother in time bound pieces starting from the hour of
early living being move in her paunch till the opportunity of youth is given by the
substitute to the made watchmen

9) Duty of anticipated that watchmen should demand recorded as a printed duplicate

their parentage after the pregnancy by showing a requesting or sworn verbalization

10) Duty of the amazing number of parties to continue and designer in a lucky way with
the genuine framework to set up the parental remarkable conditions of the significant
watchmen and to end any parental central explanations behind the substitute to the
vivacious

11) Duty of each social gathering to pull in the getting of birth check, citizenship
disclosure or some other record referenced by the chamber

12) Duty of the get-togethers not to intercede in one another's life after vehicle of
intensity of the energetic

13) Duty of the get-togethers not to reveal youth's beginning and birth

14) Duty of pointing screens not to reveal truth of substitute adolescent raising including
manager's character

15) Duty of the social events not to give any data to people when in doubt, news media
or some other individual concerning their setting in surrogacy strategy

16) Duty of social gatherings not to mistreat the data and perform it unequivocally

17) Duty of social occasions to change or modify their seeing just by an after made
understanding set apart by each party
18) Duty of get-togethers to consider the to be understanding as over the top between
them, isolating through each past talk, understandings, guarantees, portrayals (express,
proposed, made or oral)

19) Duty of parties to submit to the rest of the comprehension if any of its clause(s) are
seen as invalid or unenforceable

20) Duty of get-togethers that their understanding will be tended to by all laws in power
in India

21) Duty of gatherings to submit to jurisdictional system

22) Duty of proposed watchmen to get the life of the substitute mother ensured about for
a firm referenced in the appreciation

3.1.3 Rights of Intended Parents

This class sets the going with rights:

1) Right of Intended Parents to have a Child

2) Right to Hire a Sperm

3) Right to Hire an Egg

4) Right to Hire a Womb

5) Right of Unmarried Male to invite the work environment of Surrogacy

6) Right of Unmarried Female to invite the work environment of Surrogacy

7) Right of Gay people to invite the working environment of Surrogacy

8) Right of Lesbians to invite the work environment of Surrogacy

9) Right to have Visa for getting a charge out of the working environment of
Surrogacy
10) Right to have Passport for getting a charge out of the working environment of
Surrogacy

11) Right to have Legal Advice for going into Surrogacy Arrangement

12) Right to Resolve the Disputes making out of Surrogacy Arrangement at Pre-
Litigation Stage

13) Right to Resolve the Disputes making out of Surrogacy Arrangement by

Arbitration and Conciliation

14) Right of Commissioning Parents to have a Health Surrogate Mother

masterminded passing on and bearing sound and typical young people

15) Right of Intended Parents to consider an adolescent by IVF into the Surrogate
Mother

16) Right of Intended Parents to have the immature ethically, really and totally

17) Intended Parents choice to cost thee well and keep up the starting late envisioned
youthful

18) Right to have right data about the social affairs to surrogacy approach

19) Right to have completely indicated choice for going into surrogacy method

20) Right to have cautious and uninterested choice for going into surrogacy plan

21) Right of deliberateness for going into surrogacy plan

22) Right of organizing screens toward put dependence on go-between mother

23) Right to be clarified the substance of substitute gratefulness in the near language
or neighborhood language of the social gatherings

24) Right to have reasonable major accreditations for surrogacy structure

25) Right of guards to the surrogacy way to deal with oversee direct know the
proposal and issues of imagining a young through surrogacy
26) Right to have IVF structure performed by a star treating authority chose by the
arranging guards and referenced by the substitute

27) Right of the overseeing screens toward get the brief and completely intensity of
the youthful upon birth liberated from any norm or mental whimsy of the searing

28) Right of controlling gatekeepers toward take all choices concerning the pre-
grown-up's overwhelming in utero and after vehicle

29) Right of the orchestrating gatekeepers toward have all testamentary and legacy
rights from the pre-grown-up -

30) Right to have surrogacy understanding in truth during pregnancy and atleast two
years after the introduction of the pre-grown-up

31) Intending dads' supported circumstance to utilize his sperms

32) Intending moms' supported circumstance to utilize her egg

33) Intending dad's supported circumstance to get sperms of a far off

34) Intending mother's supported circumstance to get eggs of a detached

35) Right of proposed gatekeepers to stop further parts to substitute mother on

shortcoming to consider inspite of three IVF theory

3.1.4 Corresponding Duties of Surrogate Mother:

This procedure gets the obliging duties:

1) Surrogate moms' dedication not to be credible parent of the energetic

2) Duty of substitute mother not to encroach with the pubescence of the vigorous
after birth

3) Duty of substitute mother to give up the whole of her focal concentrations upon
the master kid
4) Obligation of Surrogate Mother to pass on the young for full term and pass on a
pre-grown-up for Intended Parents

5) Duty of capacity to sign basic sworn clarifications, assents other than fumbles as
showed up by law material and to go to all focal court structures concerning filtered
through guardians' parentage, either early or after the's standard commitment on the
planet

6) Obligation of go between mother to give up parental rights, authority moreover

request over the youthful

7) Obligation of go between mother to energize in any real procedures for the

clarifications behind explanation of a parental relationship among kid and proposed
observes

8) Obligation of focus express mother to experience clinical evaluation under the

heading of the virtuoso treating star before IVF structure, in order to request that her
prospering is classy (HIV and AIDS, and so forth.) to consider and pass on a vivacious

9) Obligation of substitute mother to experience least three IVF approach for

foreseen pregnancy

10) Obligation of substitute mother to sign an educated assent concerning the

conceivable mental and clinical risks related with surrogacy structure and reacts in due
request in regards to be controlled to her

11) Obligation of substitute mother to fit in with every single clinical course given by
the virtuoso treating authority

12) Duty of substitute mother to surrender sex from the hour of first clinical
evaluation till the hour of progress of the youngster or upto certain period as influenced
by the virtuoso treating expert

13) Duty of substitute mother not to make part in any move in which there is a chance
of semen being brought into her body to keep up a key standard ways from probability of
any pregnancy other than considered by surrogacy plan
14) Duty of boss mother not to keep up a basic fair ways from any sexual
improvement mixing intercourse in with any individual who has not been endeavored by
the master getting power keep up a key decent ways from transmission of unequivocally
transmitted unrest

15) Duty of overseer mother to stay monogamous after her first clinical appraisal for
IVF

16) Duty of substitute mother to acknowledge medications to be reestablishes as kept

up by the pro treating power

17) Duty of substitute mother to submit herself to a clinical test or structure respected
focal after approaches of pregnancy to perceive any potential got or unavoidable
disfigurements in the hatchling

18) Duty of focus single parent not to smoke cigarettes, stogies, or not to utilize weed
or some other remedy or psychotropic substance or drink alcoholic brewages from the
hour of beginning of cycle reflections uptil the finishing of pregnancy

19) Duty of substitute mother to ask her usage of crushed brewages upto one mug of
espresso a little piece right away

20) Duty of substitute mother to submit herself to calm, liquor, nicotine testing

21) Duty of substitute mother to submit herself to testing for unequivocally

transmitted and convincing disarranges including HIV and AIDS as referenced by the
organizing observes

22) Duty of the standard guards to pay all expenses of all clinical assessment of the
master mother

23) Duty of focus express mother to execute and give a framed agree structure to
control such testing
24) Duty of focus unequivocal mother not to utilize any fix, non-procedure or to
experience any clinical structure during and through the fulfillment of her pregnancy
without express assent of the criticalness observes

25) Duty of substitute mother to take supplements and to keep up a solid eating
typical as proposed by her obstetricians

26) Duty of substitute mother not to look at dangerous games or risky exercises,
testing physical new unanticipated new turn of events

27) Duty of substitute mother not to permit herself to help of radiation, dangerous
made substances or transmittable issue during the term of surrogacy understanding

28) Duty of substitute mother to permit the basic guardians to go to all virtuosos visit
joining ultra-sound assessment with the help of go betweens' obstetrician 29) Duty
of go-between mother to show the proposed watches the improvement of pregnancy
atleast once dependably

30) Duty of focus unequivocal mother to deny her massive idea expert calm focal
obsessions and to sign any release structure required to allow proposed guardians to visit
with all treating or going to clinical work powers, and review clinical records identifying
with substitutes' pregnancy or thriving

31) Duty of substitute mother to tell made watchmen the start out of work torment

32) Duty of substitute mother to allow predicted that gatekeepers should remain
present in the improvement during the vehicle of the child with due respect for the go-
between's accreditation. Center individual to sign a consent structure key in that limit

33) Duty of substitute mother to use each and every reasonable effort to pass on the
pre-experienced childhood in the picked office under clinical watch

34) Duty of spotlight express mother to pass on the youthful by a cesarean locale, if
central
35) Duty of go-between mother to remain at a particular spot as agreed with proposed
screens during the pregnancy and two months after the presentation of the excited

36) Duty of go-between mother to remain in contact 24 hours ceaselessly from the
date of execution of surrogacy understanding till two months after the chance of the
adolescent is offered over to the standard watchmen

37) Duty of center unequivocal mother not to awkwardly end the youthful once
envisioned

38) Duty of center solitary mother to follow the decision of ace treating expert and
immensity screens in event of a danger that the vivacious will be really or physiologically
hard to miss, in a way that could truly influence the childs' own novel fulfillment, the
decision to indiscreetly end or not to idiotically end

39) Duty of genuine mother to go to on time completely isolated through physical test

40) Duty of controller mother to present to proposed screens genuine presentation or

bills about the costs which the substitute has caused during the pregnancy and the correct
hand of the vivacious and with recover the insufficiently depicted from made guardians

41) Duty of substitute mother to agree amazing to request recorded as a printed copy
the parentage of made watchmen and the nonappearance of center individuals' maternity
after strategies of pregnancy

42) Duty of the titanic number of social gatherings to connect with and survey a
connecting course with the legitimate approachs to develop the parental central
explanations behind the sifted through gatekeepers and to end any parental focal
motivations driving the substitute to the adolescent

43) Duty of each gathering to pull in the creation sure about of birth clarification,
citizenship sponsorship or some other report referenced by the lawmaking body

44) Duty of center single parent not to channel for contact with the young partner if
paying little heed to agreed by the filtered through guards recorded as a printed structure
45) Duty of concentrate express mother to submit herself, at whatever point
referenced by predicted screens or guided by a court to a DNA or some other keen test to
hold up under passerby to the obtained parentage of the pre-grown-up

46) Right of organized gatekeepers that there name will be referenced on all the
clinical tests/bills and not that of substitute

47) Right of anticipated that guardians should name the energetic with the objective
that it may be presented on the's monstrous duty on the planet demand

48) Right of proposed guardians to pick the nationality of the young

49) Duty of the get-togethers not to intercede in each other's life after headway of
power of the pre-grown-up

50) Duty of the get-togethers not to uncover adolescent's start and birth

51) Duty of the get-togethers not to give any information to individuals when
everything is said in done, news media or some other individual concerning their idea in
surrogacy method

52) Death of proposed mother before the presentation of the youthful, not to change
any terms of the knowledge and the adolescent to be set in the authority of sifted through
father

53) Death of proposed father going before the presentation of the decidedly hot, not to
change any terms of the thankfulness and the pre-grown-up to be placed in the
guardianship of foreseen mother

54) Death of both isolated through gatekeepers before the presentation of the fiery,
not to change the states of the affirmation. The youthful will in such event be set in the
authority of neighborhood screen named by isolated through watchmen

55) Separation or division of the ordinary gatekeepers won't give any parental right to
the official mother upon the youthful. On the off chance that there should rise an event of
division the authority of the pre-grown-up will be picked by the proposed watches or by a
court of arranged space

56) Duty of get-togethers not to mishandle the affirmation and perform it

unequivocally

57) Duty of get-togethers to adjust or change their seeing just by an after included
understanding set apart by every single social affair

58) Duty of parties to consider the to be understanding as cerebrum blowing between

them, making each past talk, understandings, ensures, follows (express, proposed,
encompassed or oral)

59) The words and verbalizations center single parent, made watches and substitute
pre-adult will be considered to solidify their different recipients, legatees, devisees,
controllers, chief, substitutions and depends who will agree to this agree to connect with
their torpid limit to advantage

60) Duty of parties to consent to the remainder of the gratefulness if any of its
clause(s) are viewed as invalid or unenforceable

61) Duty of get-togethers that their understanding will be formed by all laws in power
in India

62) Duty of social affairs to consent to jurisdictional condition

 CHAPTER IV
GREY AREAS AND BARRIERS RELATED TO
SURROGACY

Surrogacy, by ART, should be seen as only for those vain women for whom it would be
very or therapeutically goliath/frightful to give a baby child to the term. Substitute mother
should agree to a strategy with the charging couple which will have genuine ties on both
the parties. Going before consenting to the framework, the made consent out of her
headway will be required. A woman analyzing for after or consenting to go about as an
inside individual will be therapeutically searched for after for contaminations, for
instance, unequivocally transmitted agonies or some different option from what's normal,
as may be basic, and all other transferable issue which may chance the plentifulness of
the impacting or kids, and should report recorded as a printed copy that she has not gotten
a blood transfusion or a blood thing over the latest a half year. The supporting parent(s)
will ensure that the go-between and the vivacious or youngsters she passes on are
fittingly checked until the time the energetic is offered over to the charging parent(s) or
some other individual as showed up by the thankfulness and till the substitute is freed
from every single flourishing issue making out of surrogacy. Substitute mother must pick
as a patient in her own name in the clinical office after consenting to the best system.
While picking, the position mother must make reference to that she is a substitute mother
and should give all the huge information about the charging gatekeepers. Center solitary
mother should not use or decide for the naming couple for whom she is going about as
substitute as this would introduce rule issues, particularly in the untoward event of
maternal passing .

The birth accreditation will be for the picking guardians. The ART spot should in like
manner give an ensuring to the charging watches giving the name and address of the
master mother. All the expenses of center single parent during the hour of pregnancy and
postnatal thought relating to pregnancy should be borne by the dispatching couple. Inside
unequivocal mother would in like manner be entitled a monitory compensation from the
naming couple for consenting to go about as a substitute. The particular estimation of the
compensation should be picked by discussion between the charging couple. also, the
unavoidable substitute mother or a reasonable condition may be made by the Government
to consider the to be pay as paid to the master mother. A substitute mother should never
give her own oocyte to the appointing couple. Substitute mother everything considered as
the provider will give up each and every parental right related with the offsprings
recorded as a printed system.

Background of proposed draft ART (Regulation) Bill

After the presentation of the key likely all around revealed unnaturally imagined youth in
1986 in India53 , there was mushrooming of IVF focuses in the country. The affiliations
offered by a locale of these IVF working conditions were insufficient. The clarification
behind this was a nonappearance of ART participates in like manner as strategies on ART
in the country, no accreditation, complete and true blue body and no control of
Government. Considering, the Indian Council of Medical Research (ICMR) made draft
National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in
India in 2002 . The draft record was then acquainted with far open conversation all
through the country (in seven urban zones; New Delhi, Jodhpur, Mumbai, Bangalore,
Chennai, Hyderabad and Kolkata) where more than 4,000 people took an intrigue. To get
the appraisal of the people on the various issues where the point of view on the staggering
number of people from the Committee couldn't be made, a got a handle on proforma was
encased and given to the individuals (85% all around masses, 13% Indian managers and
2% concentrated professionals).

National Commission for Women and National Human Right Commission, the National
Guidelines were done up and after the supporting of the Drafting Committee the restored
report was submitted to the Ministry of Health and Family Welfare, Government of India.
The Ministry of Health and Family Welfare analyzed these measures and after slight

53 Anand Kumar TC, Hinduja I, Joshi S, Kelkar MD, Gaitonde S, Puri CP, et al. In-vitro fertilization and
embryo transfer in India. ICMR Bull. 1986;16:41–3
changes spilled the National Guidelines for Accreditation, Supervision and Regulation of
ART Clinics in India as National Guidelines of Government of India in 2005.

As the improvement of surrogacy had kept of advancing over some destroyed time go,
the satisfaction to the guardians has in like manner changed. In next scarcely any 2 or 4
decades, it is standard that surrogacy will change further and to a degree that it will be no
ifs, ands or buts astounding from the current state of surrogacy. This is with a notification
that there should be completely guaranteed watch; the improvement should not red hot
vexatious results for the general people and humanity all around free.

Ethical Issues
Another issue of surrogacy is worthy issues .In India and in another countries as well. In
India rationally principal centrality has been given to the ethics more than some other
country. Culture, our measures our properties are our quality and our ability. The women
are treated as a goddess and her nonappearance of thought is her more than her life. Our
general people will never watch the foul women, prostitutions, call young people are
maintained contrastingly and they have better spot in the society. 54

Surrogacy treatment is upsetting treatment clearly with the standard ones. Surrogacy is a
huge level of good and astonishing subject. It is has a spot with the individual issue of the
woman. In India women are being kept in Parda System. An epic zone of customs keep
women far from uninhibitedly moving in the open eye. They not allowed to woman to
talk in like manner to someone else. These people have bigger part in India at any rate
India is changing into the truly hot creation country. These people won't see at all that
one woman is passing on the youngster replacements of another men. Is it ethically right
or wrong whether taught or uneducated nobody would allow it? If the individual is of in
this manner around nature, by then this individual won't grant that one woman is passing
on family members of another man and in the wake of making the vehicle the woman
will surrender that pre-made to the another family . This is in opposition to the degrees of
the parenthood and ethics of Indian culture.

54 Sylvia, “Women, Work, Welfare and the Preservation of Patriarchy” University of Pennsylvania Law
Review 131 (May, 1984).
A potential surrogacy commoditization of women that happens when the woman's
conceptive cutoff is set into the field-tested strategy cements making concern. This may
be called as "renting" guts and undermini ng the nature's improvement of childbearing
major of woman. There are chances that this business surrogacy is moving the prostitute
considering the mammoth records related with it. Some individual battles passing on that
commercialization exists on a particularly fundamental level during when anything is
ruined and changed over only for the budgetary affinities. It might be commented that all
the business surrogacy could be entitled as commoditization or commercialization. The
women are denied to pick a choice pick decisions about their own regenerative cutoff
places. Others sees towards surrogacy is a dedication that impact on far and make a unit
of social, gestational, typical, and various bits of the parenthood. Evident others may
battle that there is a changing model in the objectives for passing on kid. As appeared by
them and additionally it is in each wise sense clear that the young people envisioned
through surrogacy isn't to help the pre-grown-up imagined paying little respect to for
perfect state of others either monitory or truly. Beginning late, there is preposterously hot
and join with progress in the matter of business surrogacy. This improvement is making
boss to concentrate on the issue raising express noteworthy, affecting and social issues.
Surrogacy is seen as a structure for gestating a fiery for others by the utilization of
different helped conceptive new unforeseen new developments (ARTs) open in clinical
sciences. Current condition of clinical market proposes India as the best plentifulness
industry. This is helping India to make over the clinical the improvement business. The
poor woman gets all that might be required sharp money for being substitute women
while the willing and building screens get a pre-grown-up. This article depends in the
wake of bringing the ladies' free thinker and social achievement point to deal with the
shows of gestational and business surrogacy in India. There are issues depicted as the
stunning, fortified, cash related and political. These standard issues are either particularly
close or social. The lady made surrogacy, body is their budgetary resource which is key
for them in their lives in confounded ways.

A few exceptional issues about business surrogacy are as given underneath:

Ethics in the zone of business surrogacy is essential for those women who are not fit to
pass on the pre-grown-up, persistently and not in a condition to change into a mother.
Moral challenges that have been raised concerning surrogacy include:

• There is a slight line of division that picks how much the concerned had a
maltreatment, change, commoditization, or undercutting. Especially when the women are
being paid.

• The level to which it is brilliant for status and nature of society with the objective that
she can be permitted to make contracts.

• The level to which a human perfect for woman contracts concerning the utilization of
her body and her parenthood.

• This is an ethical issue; surrogacy contracting takes after the elective I. e. contracting
individual for business and work or contracting for inspiration driving prostitution or
contracting for settling.

• Which of the decisions given above about understandings should be done in India, and
ethically criticalness?

• Can the affiliation keep up the admission to a woman to finish "unequivocal

execution".

• How parenthood be portrayed?

• What are the affiliations and results between standard parenthood, gestational
parenthood and business or social parenthood?

• Should a pre-grown-up clear by systems for surrogacy hold the decision to know their
family or all of them related with the strategy of surrogacy.

Challenges – Physical

The surrogacy treatment raises and makes various issues for instance physical, social,
mental, kept up, abusing and remarkable. This makes two or three issues in surrogacy
 55
treatment. The surrogacy is the best improvement of the clinical to the standard
inhabitants. Clearing the way that surrogacy has some positive structures like it gives new
life to the childless family, one youth smile gives new birth to the gatekeepers. Surrogacy
should go going up against two or three issues and issues relating in discrete issues. One
huge starter of Indian virtuosos is to present more than one early living being. This is
done to pass on the chances of getting pregnant and beginning now and into the not
especially far-released beneficial in getting pregnant. The outcome was, couples bring
home more than one pre-grown-up. In Australia, a couple brought home 4 young people.
Really, they required only one to two. In such a condition, the stars and guards expected
to take stunning decisions, of diminishing the degree of treated eggs or end. This prompts
eating up time. This other than makes and mental complexities and physical weight and
takes after a sort of torment to the couple and inside lone mother.

Steps for Becoming a Gestational Surrogate

An improvement of tests are guided on the person who should be substitute mother.
These procedure of test are driven before the readied egg or sperm is presented. A bit of
these tests are as given underneath:

1. Tests that find that there is no convincing pain.

2. The length of uterus is taken a gander at to find the division at which the lacking
living thing could be presented.

3. The test to pick the fallopian tubes are clear and the size and condition of the
uterus, called as HCG or Hysteroscopy

4. A test that reviews the reaction of uterus linings to change in hormones

(oestrogens)

5. To verification that there are no challenges in within individual in passing on the

vigorous youth, a physical test is made for giving up the physiological barrier. 56

55 Richard Saltus, “Guidelines Urged for Fetal Tissue Transplant” Boston Globe,, July 9, 1987.
56 Ibid
6. To know the devotion, viewpoints, motivations and air, mental tests are braced on
the substitute.

7. To check strong uterus, Pap smear test is done.

Right when the starting late referenced perspective is once finished then the counter
starting fix tables are served to the substitute or possibly the provider of an egg. This is
done with the data concerning synchronize the trademark periodical cycles the woman
expected to pass. In the wake of having taken the controlling pills, as proposed earlier, by
then is a subcutaneous imbuement of a steroid named as Lupron is given to the ace
woman. This implantation stops the improvement of the hormones fundamental to control
the menstrual cycles. In a brief timeframe is the condition that the universally useful of
view accreditations about the uterus of a lady under the treatment of surrogacy is
beginning at now separated through to see the early living being.

The event of surrogacy is remained before the Egg Donor, with the objective that the
uterus is readied and new to see the lacking living thing. As the structure begins, the
instilling of Lupron separate is constantly obliged and some time later is estrogens as a
replacement to it. Third day after the individual being amassed, the provider of an egg is
given hormones for plan, so her ovaries produce incredibly more eggs. A scramble of
HCG including a (LH) luteinizing hormone is facilitated, with the objective that the eggs
show up at progress at shocking pace. The served drugs help in progress of a more
apparent number of eggs than required even it is for inefficient implantation.

Following thirty-six hours have finished, the eggs are dazed other than isolated through
with the holding up sperm. These eggs that are readied are then battle at a sensible
temperature for around 2-5 days. Absolutely when the readied egg is sensibly top level,
and a short period of time later comes the stunning syringe into picture. It is with a
stretchy catheter and is mixed into the uterus. 3 or 2 days old beginning living thing are
used for this and rest are set. Least of 3 days bed rest is asked to the patient.

First the pregnancy is referenced and starting there ultrasound sonography is done. The
heartbeat of the young is checked at about a month and a half. Following 12 weeks the
substitute is released to standard OB/GYN. Accreditation are done at standard breaks to
ensure bona fide degrees of hormones. As the placenta see authority over, the hormone
packs are finished.

The Reviewers of surrogacy express that the abuse may be going on to the substitutes is
head when in doubt surrogacy obligation. The substitutes are everything seen as dread
affected. Thinking about surrogacy, women can get a ten times or more than her male
improvement in a given year, so there are chances of pressurizing the lady direct through
her family itself. From time to time the mate even can give focal assent for doing in that
limit. Most by a wide edge of the substitutes have a spot with the underneath
wretchedness line sort out or from a poor establishment. There are such epic degrees of
events of offering consent to surrogacy. The key clarifications behind blending these
structures are the family clinical office costs to be paid or fulfillment of the youthful
structure expenses or making open the home for living. The referencing moves about is
the consent to surrogacy is by will and free choice, or is a result of wretchedness and
need to get. Misuse or abuse by the family members and relatives accumulates
considering the degree of money related with these structures. Inspiration driving this
present reality, even the substitute, her family members, the surrogacy working
conditions, and the couples who should be screens, starts with the trade among the rich,
requiring center individual pre-grown-up, and the substitute herself. It is seen that the
entire of the people required here miss the mark on a massive data on guaranteed and
clinical field, the substitutes, the go-between structures, the couples requiring youth and
the family members of inside individuals.

In average surrogacy the cases are less. The occasions of business surrogacy are in excess
of a wide degree of surrogacy. The business proposes the women passes on the get-
together of the couple only for the cash related explanation. When there is the issue of
money related central spots the people needs to a routinely making degree. The women
who need to get wealthy in obliged time they select in this way of the getting on and on
second and with no speculation. The women who picks as such they became substitute
mother. As appeared by the degrees of the Medical Research the position mother could
become substitute mother two or three time in all over her life time, yet considering need
of ceaselessly more compensation women become substitute mother cleverly additional
time. Now and again for getting constantly more money family members impact the
women became substitute mother intermittently, and this builds up the physical issues of
women considering the course that after a particular period nature talks. In standard
pregnancy other than after the improvement of the immature women should take at any
rate multi month rest and as such in any occasion 3 years no next pregnancy, yet in
surrogacy various occurrences of U.P. gives the case of the degree of surrogacy which
done again and again and as routinely as conceivable as conceivable without taking
fitting pregnancy and after pregnancy care and rest .They have made women only a
structure for getting and that is it. The trademark couples are an epic bit of from remote
countries, and they can't stay in India for a long time as necessities be, they pay the
expenses of pregnancy and the expenses of the food of tee substitute to the social event of
the alloted position mother at any rate on the off chance that the family members are
making surrogacy only for the triumphant explanation, by then they don't concentrate on
the prospering of inside specific mother other than tee kid in the stomach, since they don't
have any sorts of the pulled in relationship with the child. 57

So they experience this money for satisfying their own needs. A touch of the time the
substitute mother is being kept in the surrogacy spot and all the usages done by crisis
centers or affiliations and bosses takes their prize for this treatment it joins the pregnancy
use in like manner despite it isn't vivacious paid to the go-between mother since all cost
of their living, food, differing achievement utilizes are done by clinical workplaces so
delegate mother don't get the genuine data on the utilizations really paid by the customary
gatekeepers.

The standard gatekeepers pays only the charges during the pregnancy offering little
appreciation to shouldn't something be said about the after thought costs? The dynamic
pregnancy makes express clinical issues. Out of the blue visit pregnancy makes the issues
for considering the own relatives of the lady isolated through surrogacy. Treatment of
Gestational surrogacy, the lady had encountered from various advances which are not
that much clear In conditions when the lively is completely of the trademark screens then
ordinarily the treatment structure is essential yet if the lady convincing surrogated is
57 George P. Smith, “Australia’s Frozen Orphan Embryos: A Medical, Legal and Ethical Dilemma” Journal
of Family Law 24 (1986).
clearly the standard mother, by then the framework ended up being so tangled for the
substitute mother to direct and bear then by some unexpected methods strikingly with
estimations of express reasons she makes this unravels So. This force we to all around
consider truth of the physical issues related with the surrogacy treatment.

From this time forward in standard about as in gestational and business surrogacy, this
treatment stores a dependably making number of issues.

Psychological Issues
There is another issue relating with the surrogacy treatment. Engaged and mental issues
are the key issues stress with the surrogacy and from a general point of view with the
business surrogacy and gestational surrogacy. There are essentially three sorts viz.
Standard, Gestational and business. Standard surrogacy, the substitute mother is
trademark mother of the pre-grown-up. The gestational surrogacy, the substitute mother
isn't the ordinary mother. The Commercial surrogacy, more spotlight is given on the
psychological factor of the surrogacy and what's more for a substitute mother, she can be
the standard mother.

If we look towards the surrogacy as a psychological and vivacious way, it is hard for a
woman to give the unexpected new unanticipated turn of events and of the guardianship
of the youthful to the couple. Notwithstanding the course that in surrogacy treatment
inside unequivocal mother is starting at now known with that the vivacious in her
stomach is of another woman and she is only transporter of the pre-grown-up and that is
it. The substitute woman should be set up for this thought. We consider concentrate
express lady as a substitute mother and where the word mother is from a general
perspective out of the psychological examinations bound inside both. In India, there is
stores of mass has been given to parenthood and parenthood. In that limit, it is hard for
woman to deal with the youths into her stomach for around nine months and after
progress hand over the staggering to different couple. The pre-grown-up lives in the
stomach of the mother for nine months and it's undeniably not a short excursion yet the
particularly long outing.
The surrogacy treatment isn't especially standard clinical treatment; it is major and done
from a general perspective key cases. The clinical treatment for surrogacy is really not a
great deal of direct it is a mammoth level of long technique. In start of surrogacy period
the women who are ending up being substitute mother at the focal event when, they don't
consider those exemplary factors and conditions move out of the treatment. If they are
staying in the surrogacy make, by then they should referenced that these conditions live
far from the family and face all the general people who isn't isolated through or know this
thought perfectly. Inside express mother isn't ordinarily filtered through these degrees of
progress that are coming in their life. On occasion the managers doesn't tell substitute
mother that she and her family members ought to got back through these changes.

The psychological treatment isn't obliging the substitute mother. In the another case if
that go between mother is living in her own home, by then it made various issues other
than like, if the surrogacy is standard, by then she faces limitlessly less issues since she
made this surrogacy for her family members so she has full assistance of her family
paying little respect to if the surrogacy is gestational, by then she faces enormously
handily clinical issues of family and various people in the open field. We give capably
capacity clear centrality to the general masses as necessities be, it impact forebodingly on
the chance of inside express mother if society reacts illogicallly or not respected laudable
parts that there is no physical relationship is there in surrogacy treatment, it is only the
clinical treatment and pregnancy is envisioned through the clinical treatment.

The colossal people or the people who don't have away from of surrogacy make some
shocking reasonably as the physical issues concerning center single parent. In the event
that there should rise an event of the business surrogacy, generously more issues are there
to be looked by the surrogated lady herself. The business substitute mothers and their
own condition is more stunning than various sorts of center individuals. Various sorts of
substitutes are become base individuals all on for the love and love of the family
members yet the business delegates become aces for the triumphant explanation, so
society looks towards them as an other edge which is nothing yet hard to hold up under
for longer time.
There are various issues related with surrogacy and the most secluded is surrogacy
treatment and its relationship with requests of substitutes. The specialist mother is in like
manner an individual with stores of connected ties in and around her can't move the
youngster vivacious to the proposed couple. There are two central reasons; the first is a
short unavoidable outcome of the women developing a security and relationship with the
vivacious they are passing on. The epic reasons may be that the basic connection between
the substitute mother and her surrogated kid. All around this comes to picture when the
substitute mother has given her own egg to the pregnancy, thinking about physical
nonattendance of the female from the standard couple. The second clarification for inside
express mothers to diminish to handover their staggering is that the substitute is only the
gestational transporter of the youthful. The sperm and egg are both given here by the
couples requiring the vivacious and not from the substitute.

The chances of this issue can be reduced by two approachs, first is using genuine
understandings, and the going with structure is sifting through mental screenings for
potential substitutes. Incredibly, both of these structure don't absolutely take out the risks
of this issue occurring.

These issues move about the substitute mothers at any rate we should in like way
consider the pre-grown-up imagined out of surrogacy. The key two issues are there. The
official the vivacious ponders the issue of first thought on the planet. If the befuddling is
brought into the world through the strategy for standard surrogacy the trademark mother
is from the proposed couple yet in case the pre-grown-up is brought into the world
through the structure for gestational surrogacy, by then when the energetic will grown up
and he/she have to fulfill their guideline mother and start keeping up a fundamental
standard ways from their weighty watchmen or he/she increase their centrality for finding
their novel gatekeepers. By then excusing truly they are gatekeepers of the associated
after a short time kid couldn't be really confined and them. An epic zone of in standard
and gestational surrogacy the family members become inside express mother in like
manner, in the wake of knowing reality vivacious could be pull in towards the substitute
mother and beginning there on it will make the over the top fixations for the ordinary or
yielded mother.
Besides, if the pre-grown-up is brought into the world through the business surrogacy the
pre-grown-up doesn't consider unbelievable mother or as appeared by manage the
information is kept especially portrayed out and not opened to the key open. Without a
doubt when vivacious assesses this thing, it could have awful effect on the perspective of
the young. This thing couldn't be veiling for a basically extended time from kid and from
the general masses in like manner. In case we look towards the cerebrum appraisal of the
mother from the separated through couple, if she sees that she isn't the standard mother of
the vivacious, by then it will have a denying influence while building up the pre-grown-
up. In like way, what's more with that if she thinks of her as own pre-grown-up after the
surrogacy treatment, by then it will make the cherishing between two adolescents in their
pre-adulthood. Accordingly, the surrogacy treatment with in nation or in as a last resort
way the psychological effect is same in all affinities.

Other than the starting late referenced issues, focal issues, the socio-mental issues about a
mind-boggling's bit of breathing space to respect its trademark watches can't be cleared
by willing couple-guards who are making duty. At various spots, there is a diserse
structure for surrogacy obligation and they don't have any framework for those
youngsters on getting grown-up to inspected their basic trademark parentage. There are
not an immense degree of cases in which the pre-grown-up requirements to develop their
family line, towards inside express youth, yet it is found that the supplier or substitute
mother has no amazing unanticipated turn of events or rights even to follow and endeavor
to find them. After the business agencie have used the lady for surrogacy they are made
to live in the bound spots like lodgings or surrogacy engineer the entire anguishing time
length on the family relationship for pre-improvement care.

Close guarding them at these kept spots, the guaranteed need is to keep up their positive
conditions guaranteed and secure what's more keep up a key not too horrendous ways
from any of social happenings. For the entire time of anguishing the woman surrogated
inspects relationship with the house individuals and youngsters. They are exactingly
bound from moving out of the kept spot they are living. Just for a few astounding visits
they are permitted to move out. They are what's more permitted to meet their family just
once continually, or on any shocking events.
Calling constrained women, or astonishing ladies who may lean toward not to go defying
the test or issue of bearing their own pregnancy, so they select focus single guardians.
There are such staggering decent and cerebrum blowing issues about surrogacy. This is
into the improvement of a business surrogacy racket. Starting now and into the not far-
removed it handles us to have a moral course of action of saw rules and a law to be seen
for both the social gatherings

– the guardians and the substitute mother and no-question for the ART puts too. Year
2002, the assessment concentrate by the Family and Child Psychology Research Center at
City University, London, UK, revealed that substitute moms scarcely ever have issue in
giving up the recipients to an inside individual youth. On near genuine parts, the
anthropological evaluation research had kept that delegate hade to experience various
stages for the entire time of substitute pregnancy. The different viewpoints utilized during
the advancement time length help them in making an eating up standard ways from the
seriously hot. From a general point of view giving the worry substitutes don't get
genuinely and mentally agreed with the pre-adult. Heads are convinced and requested to
get really pulled back by the affiliation and emergency thinks so vivified bunch gets
dependably energetic for the substitute mother from the hatchling going before
envisioning a substitutions.

In bigger part cases, the most when everything is said in done expected doesn't occur,
substitutes don't feel disturbed or surrendered, a massive level of the go-between moms
feel related as they become mother during this brilliant experience of surrogacy. As
substitute moms feel to be content with their own occasion, there are two or three models
wherein they are not ensured about with vindicated necessities. Since the substitute moms
handle that absolved needs will impact disappointment, after surrogacy responsibility.
Some substitute moms didn't feel a closeness and relationship with the willing couple-
parent, and other go between moms didn't feel regarded by the willing couple-parent.
Fortified assistance expel all through the substitute structure, a few power moms feel
truly low and upset during the time spent winding up being focus express moms; while
the other substitute moms feel horrendous tempered and mental responses like
annihilating, mercilessness or refusal to handover the pre-grown-up to the willing
gatekeeper couple. In 2011, an assessment from the Center for Family Research from the
University of Cambridge contemplated that surrogacy doesn't have any antagonistic
effect on the substitute's own youths. The substitute mother got this treatment from her
own youngsters and for her own braced position. So the issues of mental upsetting effects
are in like manner freakishly less.

Economical Issues
India is a making nation, as we as a whole in with everything taken into account around
in all grip that the cash related standard of individuals is an epic degree of low. A few
people couldn't fulfill their massive need what's more. Despite how individuals are
getting secure with cash related complexities are endlessly extra. Several people are
getting reliably inconsequential and the poor are getting enterprisingly sickening. For the
getting reason different individuals proceeds with their life complicatedly. For the getting
individuals leaves their country and go to somewhere else. Much deficiently depicted
from that our military specialists, professionals, delegate, work holders tirelessly battle
for business. Reliably goes with the new undertakings and new battle so; they all around
battle to satisfy their key needs. In the event that we separate the India and the other made
nations, the need of the individuals are a mammoth level of high in India. They need their
current solid, future secure of themselves equivalently as their youngsters, youngsters'
adolescents, and so forth. There are no deterrents of the necessities of individuals.
Regardless, in remote nations reliably recognizable centrality is being given to the
present money related condition emblematically. They everything considered lives in
current state just and from this time forward they don't battle for by a wide edge more
cash and extra triumphant. In the event that we look towards the cash related factor of the
surrogacy, in like way and gestational surrogacy an animal piece of the surrogacy is made
for the love and relationship with the relatives. The gestational surrogacy joins the
lacking living creatures inside solitary mother. This surrogacy everything considered
joins the family adjustment. Therefore, no cash related issues are there.

In business surrogacy, the business ref mother finds as such just to win cash. There is no
epic association between substitute mother and typical guards. As such of getting making
stores of issues in the open eye. In India culture is a huge amount of major. By then in
like way ladies are winding up being substitute mother, why? Is the issue. In the event
that the getting individual from family is gotten out, or can't make any remuneration, by
then this source is pick by the ladies her or obliged by her relatives for surrogacy. Every
so often it is called as poor ladies are from a general perspective pulling in towards the
surrogacy. This is contemplating how the surrogacy is the speediest and least referencing
approach to manage supervise control oversee direct get strongly more remuneration in a
word time of a period. For one surrogacy substitute mother gets districts of rupees. It is
other than relies upon the gathering for example proposed couple. On the off chance that
the social affair is rich, by then it could be pay more cash for the surrogacy. Everything
show up at end with the issue of cash related issues. It's silly for anyone to make any
sensation about their cash related conditions like different things. So the money related
conditions matters in all cases.

The costs related with the surrogacy system are high, so the childless couples requiring
an infant kid must be splendidly rich to spend for the obligation. They pay for the clinical
expenses of the go-between mother all through the whole time of commitment with
substitute mother. They even need to commission massive whole as cost to the clinical
work environments against the alliance gave by them to surrogacy. 58

In surrogacy treatment the cost isn't ordinarily all around that truly matters cloud from
nation to nation and emergency focus to clinical office. In the event that we separate the
expense of surrogacy nation with nation the expense in India is low. The cash of the India
is in like way astoundingly low. The commercialization of surrogacy has been
legitimized in India. This has widened the level of surrogacy centers in India. The
budgetary explanation is particularly important59

The report proposes from the Delhi and Mumbai based respondents that ruin and pre-
grown-up preparing are the fundamental parts that moves lady to encounter surrogacy
since it reimburse them with tremendous degree of tendencies. About 73.77% of the
substitute mothers, from urban zones like Delhi and Mumbai paid extraordinary psyche
to that the focal media through which they get instructed about the need of director is the
58 Dr. Chintamani Rout, “Surrogacy- A Conceptual and Legal Analysis in 21st Century” Orient Journal of
Law and Social Sciences 27 (November, 2012).
59 Ibid
boss. There is a mammoth level of reinforced and cash related theory to become parent
through surrogacy. Regardless, the cost of surrogacy in India is low taken a gander at
various bits of the world, especially the European countries. The latest kindnesses,
improvement and treatment by acclaimed experts, kept up by latest contraptions and
machines, get-together of aces and all around made focus staff are open in India. So India
has offered traces of progress than normal and spot of choice for clinical the progress
business for surrogacy responsibility.

The condition of substitute of mothers is boggling and their issues are most clearly
stunning. Lunacy, nonattendance of heading and abuse by right hand and his family,
specialists or inside people, for the pay sans work are the tremendous issues of surrogacy.
These women give their consent to be substitute mothers without wanting to and don't
have choice to take decision about their own life or body. Mental screening and
exceptional structure doesn't happen in India. These strategy are crucial in made countries
like USA. Cost is another gigantic issue, when showed up contrastingly in every presence
of mind overcast from USA. The clarification behind focal cost of surrogacy is a yielded
surrendered outcome of relationship of such unfathomable masters like assessors, sound
accomplices, stars, facilitators, and others. As such the cost comes to up to a hundred
thousand dollars, which joins all the costs, including declaration premium. So now the
referencing is about the duty of the person who will deal with these expenses or tabs.

Legal Issues
In surrogacy treatment the stores of avowed issues are there. In India moderately as in
other remote countries other than heaps of surrogacy issues are there .in case of surrogacy
three conditions are there. From the most solid starting stage, human perfect states of
substitute mother, standard couple and go-between youth. There is no harmonization in
the laws and rules of the surrogacy in India and in remote countries as well. In
unequivocal countries standard and gestational surrogacy are illegal and business
surrogacy is unlawful. In unequivocal countries the surrogacy is everything seen as
blacklist. In unequivocal countries on a basic level huge surrogacy is allowed and
gestational and business surrogacy is blacklist. In India undeterred surrogacy treatment is
allowed and business surrogacy is allowed. In his way all having their own measures and
rules. In the countries also as having their measures and rules. No any harmonization in
crisis center standards neither one of the they are having any laws. For the accreditation
of substitute mother no association is open. The law doesn't guarantee about any of the
party of the surrogacy treatment. No any kind of the stunning thankfulness is there that
unequivocally secure the all the social events join. In India only rules of I.C.M.R are
there which are not having any referencing establishment of the foundation, if any
bowing is collected by either party.

This graph may be the central course disengaged from the framework for choice for
proposed couple/couples pre-grown-up has particularly possession. Not a huge amount of
the ladies don't have any issue in envisioning the kid yet has issue in passing on the little.
This might be a minimized yielded conceded aftereffect of her body unfit considering
some physical issues for the full anguishing time task. In this manner, a couple chooses to
follow the treatment of surrogacy and in-vitro status. The structure really is the mixing of
the sperm and egg with the help of clinical treatment in an inside. This is then is trailed
by the lacking living being implantation into the stomach of focus unequivocal mother.
The contrary side, scarcely any couples there are insufficiency in the male of female
cutting of the couple. Considering, they need to clear the detail's courses of action to
pregnancy like sperm or egg. From this time forward they can't have their own newborn
child adolescent pre-grown-up kid. They get the sperm or egg from other person. This
isn't the open fragment with standard structure for party. As necessities be if there ought
to build up an event of accreditation, the youth isn't joined to the watchmen when in
doubt, while in surrogacy, the searing is related with in any occasion both of the parent or
both. Considering, a mother is delineated by truly and typically that the individual who
passes on the pre-grown-up or offering little gratefulness to the going with structure is the
individual who gets the pre-grown-up. Approaches is from a general point of view
possible when the pre-grown-up's family have surrendered the young.

At places where there is no law for the surrogacy, the trademark or standard watches and
the substitute mother prop up for surrogacy plots with no intercession structure the law.
Inside unequivocal mother passes on the pre-grown-up and a short period of time later
moves the mind-boggling to the guaranteed about screens. The surrogacy related laws are
secured to appreciate. There are a few affiliations, where surrogacy is given up by law.
This is a diminished certain aftereffect of neighborhood social measures and law of that
land. In such grounds, the surrogacy issues are tangled by commonness of various laws
existing in those scenes. In various European countries like Germany, Italy and France,
what's more in China or Japan, there is a constrainment on surrogacy, whether or not the
business perspective is vindicated. Whether or not surrogacy is busy with those countries,
the couple-screens and the substitute mother close to the clinical staff and the power
mother's family members will be guaranteed about with genuine new unanticipated turn
of events, financially or really works out. During one of such cases in Quebec, the law
left the vivacious with no mother.

As such everything thought about cases, the law bans the guardians in their country and
stunning practices are joined. In like manner, a couple of countries watches are blocked
hard to miss in business surrogacy in which money related terms are joined and unselfish
surrogacy is allowed. Absolutely when the surrogacy is genuinely denied, by then there is
no craving for satisfaction or satisfaction. If an inside individual needs to keep the
youthful with herself, by then proposed watches don't ensure for the energized. Whether
or not the full scale they are reimbursed to the treatment of surrogacy. No ifs, ands or
buts, if the proposed couple of supervisor youth change their craving and deny the pre-
grown-up, after they envision their own the substitute, by then the go between mother
isn't compensated for the related expenses, or whether for any gave resources. Finally the
controller mother is given the guaranteed authority of the pre-experienced energy in the
wake of passing on the fiery. So there are various issues at complete level of surrogacy
about their ensured relationship about the substitute unnecessarily hot. Another zone of
concern is that if the vivacious is seen genuinely of the trademark gatekeepers and
whether that parental status of the couple-guards will be seen in various countries. There
is issue of surrogacy may regard being brought for a surrogacy criminal offense. The
court runs on an incredible parenthood for guardianship of a baby kid youth adolescent.
The referencing went if all else fails needs the assent of each and every get-together busy
with the surrogacy commitment. An epic bit of the courts basically suit a post-birth
demand, during disavowing vibe for oblige the substitute mother who may be the
standard mother to handover the energetic to the couple holding up be watches. A few
courts other than give pre-birth orders. This is only for some fundamental conditions
where the substitute mother isn't genuinely concerning the standard structure express
youth. A few courts bases on different necessities for providing the birth orders like the
proposed couple are hitched and heterosexually associated with each other. By evening
out of nonappearance of complete measures, rules or rule, valid points of view, incredible
vivacious accreditation stresses there are various issues into this current reality. In the
Huddleston case (Huddleston versus Infertility Center of America Inc. 700 A.D 453 (Pa.
Super. Ct. 1997)) in Pennsylvania, here inside single parent was misleadingly
inseminated with the sperm of made dad. Finally the main mother moved the overflowing
to the got father. A close by pre-grown-up passed on not long after a month and a half
thinking about the underlined physical abuse.

Referencing of substitute mother to enter surrogacy understanding are the specific titanic
issue to be killed. Youth brought into the world through surrogacy approach is
determinedly passed on into the world with undesirable nationality or parentage status.
This is strong point clear when everything is said in done surrogacy. Nonappearance of
standard laws all around that truly matters all the countries lead to confliction between
clear measures and courts. This is especially on the bits like parentage, citizenship and
surrogacy. Paternity and maternity relations do have three regions viz. openness to have a
pre-grown-up, got issues looked by proposed screens and the parenthood concerning the
surrogated kid. Surrogacy may be separates into 2-3 mothers and 1-2 fathers centrality
there are various mothers and fathers related with the blueprint of surrogacy. It winds up
being really sifted through now about who are the real watchmen of the surrogated kid.
This difficulty is even looked by changed courts. All around the surrogated vivacious has
the citizenship of the country from where the guardians are or of the beginning nation.

Various countries blacklist business surrogacy, in like way standard and gestational
surrogacy are obliged. Such coordinating watches come to India and some time later
issues are exasperated. Considering, the laws that vivacious us to parentage and
citizenship are constantly made on the solace taking out pointing couple. Get-together is
of – course not an eme rgency break to this issue. This is with the clarification that the
relative laws continually works over gave testimony regarding, odd and dazed necessities
like reimbursement and information about the ace mother. These two locale are on an
enormous level vanquished during structure from ensuring everything contemplated
declaration.

Envisioning screens or the got watches are relentlessly not aware of the included chief
issues. This has various subjects to take a gander at. The US set up zones concerning
surrogacy gives less information on legalities, progress and move related with all around
surrogacy. The Indian governments' measures and laws in the year 2008 finally skimmed
as ARTR rule of the draft bill 2010. The imperative status is that the bill is starting at
beginning late pending and is yet to be exchanged words the Parliament House. The
proposed law pardoning everything has not been executed has plot out express ensured
perspectives including intensions of the trademark screens and go-between mothers. The
readied drafted bill is yet to have talk in the spot of parliament. 60

Many made countries, including the US, have no national approachs dealing with the
helped conceptive new surprising new development and including surrogacy. The relative
laws in like manner have versatile structure from state to state especially in the country of
US. Various states decay surrogacy, or see surrogacy posting each and every such
responsibility void and unenforceable as a subject of open system or careful structure. In
a few states, surrogacy is an exemplary puzzling lead if any money or part is set, other
than set out a control. Two or three states grant it at any rate limit its use to single couples
or to cases in which at any rate one of the captivated watchmen has an expanded
affiliation.

Contract
There are scenes of surrogacy contracts are not enforceable like setting up the
relationship of parenthood. The issue is whether a close to will be seen in various
conditions or some striking decision dependent on what's norm. Some known and

60 M. Van Keppel, “At Whose Expense? The Psychological and Social Costs of Creating Children Through
Gamete and Surrogacy Arrangements”, Paper presented at the New Zealand Adoption Conference,
Wellington (1990).
acclaimed scenes of all around surrogacy are as referenced ahead. One substitute mother
had denied giving over the immature kid youth kid brought into the world through her gut
to the proposed screens. This might be a short possible yielded deferred result of the
goliath level of money spent and there won't be any kind og got association with it.

In the Balaz case, the lower court in India picked with the refusal that the structure
everything considered has all the stores of being moderate and hesitant to give Indian
citizenship to the excited brought into the world through surrogacy. The Supreme Court
paying little cerebrum to looking at the passed on measures and rules towards the
surrogacy had agreed that the business surrogacy is genuine. The result was, the chance
of understanding measures are made open in the Indian Contract Act 1872. This may be
seen as a surrogacy understanding and just in the condition where the substitute mother
squares giving considered the pre-grown-up to the standard watchmen. Other issue is,
during the execution of understanding completed affirmed work for surrogacy, the couple
is genuinely referencing to manage the child. 61

In India, everything considered surrogacy methods of reasoning are high than the national
surrogacy structure. No measures and rules are there to control on surrogacy moves close.
Fundamentally understanding is the best way to deal with oversee administer oversee
control manage direct make control on business surrogacy plans. No law is there to pull
in surrogacy follows. The possible yielded result of this there is improvement in the
cross-edge surrogacy in India.

Social Issues

In this astoundingly ahead time, The Government of India is working gainfully over
affecting India as the monetarily capable and quality based objective for clinical the
improvement business especially when the issue of surrogacy is revealed. India is other

61 M. Van Keppel, “At Whose Expense? The Psychological and Social Costs of Creating Children Through
Gamete and Surrogacy Arrangements”, Paper presented at the New Zealand Adoption Conference,
Wellington (1990).
than centering over the degree of women made surrogacy pondering their poor status.
This is when separates and various nations; we find the status of substitutes is at an
exceptionally less aggregate. The cadenced advancement report takes a gander at that
there is goliath headway in the degrees of couples bringing off to India isolating for
inside individuals. They are by and large from the western countries. Sensibly when we
try to consider the turnover of the Indian conceptive the headway business then the
number risings going to USD 500 million and that immeasurably just with 2,00,000
structures in each predicted sense working all through the country. The ART working
conditions blending everything considered develop their affiliations genuinely from
clinical treatment to arranging the surrogacy. During this whole methodology they have
to cross various checks yet then they have answer for each issue. The moving some bit of
the ART social referencing generally bases on pulling in either unrewarding couples or
gay couples. A scramble of the time they do push toward an individual hoping to have an
influencing. USD 25,000 is the general striking fix for the treatment of surrogacy. This
joins costs for wandering and steadies and the compensation. 62

Substitutes are the women who give kid hand it over to the common watchmen against
satisfying store that is taken from the picking monitors. This whole is completely more
than the yearly pay earned by unequivocal individuals. This full scale can help you in
buying a house or can complete the stunning course, etc. The lady under the treatment of
surrogacy stays at inside. These women are totally made the full term out of pregnancy.

Business surrogacy is totally taken on the declared side in India. While in the business
surrogacy treatment most by a wide edge of inside individuals spend their central term of
9 months either in focuses or at lodgings. Anand, an acclaimed town in Gujrat, has a
customary substitute housing where inside individuals stay getting themselves a long way
from their family members and structures. Substitutes continually needs keep 'this' as
puzzle considering the way that socially speaki ng the age is all things considered

62 Ibid
fulfilling just in the wedding conditions. There are jokes given to business surrogacy viz.
'unfriendly work', 'vivacious selling' or 'paunch renting'. These atti tudinal encounters
make two or three people to see that unselfish surrogacy is more confounding than
business surrogacy. This doesn't suggest that the reliable surrogacy is with no any
unforgiving conversation.

Finally India has gotten the most solid and submitted nation other than astoundingly focal
district for the business surrogacy. Various nations that can be picked here with are
Panama and Thailand. In like manner, there is flexibility to the affiliation structures in
Ukraine and Russia.

Surrogacy when kept and socio-mental issues then it has totally stacked blend. The hour
of pregnancy has a standard trademark in torment bearing by the concern lady. There is
tremendous vivacious association between the substitute and the blasting she passes on.
The lady sort out individual has assessments of parenthood and in the wake of having
hand over the intensely hot to the proposed watchmen she may go going toward mental,
pained and standard issues. It is a yielded consequence of the away from of bearing a
juvenile for some other woman with whom no trademark relationship of the given out
position mother is there. So we can explain it as on a fundamental level the abuse of a
poor woman. This is considering the way that we entrance her to sell the paunch on target
related basis63

Surrogacy is making as centrality in the space of solicitation and structure. There is

tremendous improvement in the couple analyzing for surrogacy in India. The inspiration
is in like way a decreased conceivable surrendered consequence of the accomplishment
pace of surrogacy treatment. Naming some metro urban zones like Pune, Nashik, Delhi
and Mumbai and Anand with an other quality, pull in perseveringly number of people
from outside countries. We can name some completely urban spaces like Surat,
Jamnagar, Bhopal and Indore that are in like course about creation standard parts for
surrogacy.

63 Martha A. Field, Surrogate Motherhood: Legal and Human Issues 33 (1990).

Dr Archana Dhawan Bajaj, Consultant Obstetrician, Gynecologist, Fertility and IVF
Expert, The Nurture Clinic comments especially on the wonders that are in a cleverness
route changing into the publicizing expert of the possibility of surrogacy. She prompts us
about the bollywood stars like Aamir Khan, Saroj Khan and gathered others and in the
current market even Shahrukh Khan is a scramble of this thought of surrogacy. These
savage name names have related enterprisingly open and especially are getting pulled in
to it. She proposes, "Since the new s of Shahrukh and Gauri Khan picking surrogacy got
uncovered and had scattered between open different couples have affected with the
decision of the beast name couple. I have around 15-17 plans concerning IVF surrogacy
thinking. Seen individuals are sound models for open and the aggregate of their exercises
astoundingly impacts open thinking. Aamir Khan, Satish Kaushik and now Shahrukh
Khan's undertakings have asked and make to shed the social nonattendance of respect
related to surrogacy. In like manner, Indian couples' affirmation has changed about
surrogacy."Social medi an is the imperative and the particular structure for the
presentation. Social impact on surrogacy minds a ton for the substitute mother and go-
between pre-grown-up. All laws and clinical fixes should not be against the social
nonappearance of thought. These centers should in like manner concentrate for the
surrogacy approaches and making surrogacy game-graphs.

Other Issues
Other than these issues different issues are there. That issues couldn't be goes under any
title or head. What are the subverting mental repercussions for the animated? What
character emergency will follow the issue of work?

Will substitute system be utilized by unrewarding couples or by single men or ladies or

after birth of the vivacious he could be the youthful abuse? Should the inside individual
be paid for giving stomach for the selling?

What will risk upon the energetic if no any social event consents to take the hurt infant
kid pre-grown-up and whether the immature brought into the world truly unfit? Should
the couple and focus individual remain cloud to one another? Should the vivacious be
told about his births secret? 64

64 Ibid
What methodological records ought to be kept up? Ought to the pre-grown-up or certain
relatives have extraordinary access to them? What sort of clinical and mental screening
ought to be given to every single get-together before going for surrogacy treatment?
These are a couple of issues which has been rose considering issues make in surrogacy
treatment by goals of turn insane by either planning or breaking the affirmation. Break of
seeing just gives some pay to the social event. In surrogacy treatment a titanic zone of the
clients are from the remote nations boundlessly from the in the wake of making surrogacy
treatment when the substitute mother became pregnant they went to their own nation and
a brief timeframe later it become found the opportunity to make confirmed move against
the any made watchmen. Administrators are correspondingly that much not unfathomably
fulfilling to the substitute mother considering the course that everything considered focus
unequivocal moms are from poor family and financially fittingly around. In that limit,
these are semi genuine and conformist issues of surrogacy in India.

The situion near the end is astoundingly fulfilling considering the way that the position
scanning for patients, coexist with them, the couple without intensely hot get them and
the woman under the surrogacy get enough fundings. This proposes all the three
appearances have grins.

There are less any records brought out by the media that causes us all around to consider
the grins showed up concerning the surrogacy systems. Year 2007, the couple from Japan
visited India's striking "Surrogacy Queen" Dr. Nayna Patel, (facilitator of the Akansha
Infertility Clinic, Gujrat). The two people generally required for surrogacy for example
an egg provider and the substitute mother was found by administrators or emergency
working conditions. The worry lacking living being was moved to the waist of the
substitute. A long time before the improvement of the surrogated kid the couple got
separated and they referenced about o need of the pre-grown-up since it was not ensured
by her on the trademark terms. The male couldn't regard the pre-grown-up considering
the Indian ordinary time law that squares single men from suffering related with youth.
Non straightforwardness of the substantial laws made *the infant kid pre-adult little
youngster fiery named Manji to be the India's first "substitute transient". After the
Supreme Court at any rate over this issues and allowed the dad to give child kid immature
youth to his close to country Japan. We have from a general point of view foggy case
related with the countries named Israel, French and German, and so on. The doing
battling disastorous condition in such cased is experienced everything considered by the
substitute moms. While in the hour of substitute pregnancy, they are regularly need to
remain at the obliged spot, away beginning there nearers and dearers.

There is one more event of a high society Indian lady; she used one woman as go-
between to pass on her enthusiastic. While in the hour of pregnancy she referenced that
the substitute remain at her home. As the period passed, the ladies rebuked the substitute
for taking updates and different things and cleared her from the house and demonstrated
her doent need further relationship from her.

Relationship of India had initited to channel for after to manage inside solitary business.
An Assisted Reproductive Technology Bill is set up on the drafted side in any case needs
to experience the discussion at the spot of Parliament and a brief timeframe later it will be
truly passed and audits that it. "Surrogacy — Exploiting the Poor? was one of the subject
of an incomprehensibly without a doubt obvious, Oprah Winfrey-continuation drew in
program on India's NDTV station has been passed on. Prof. Mohan Rao, works at the
Jawaharlal Nehru University, refered to that the nation India in a brief timeframe was on
a very basic level watching "regenerative arranging," showing the course that everything
considered accomplished for focus unequivocal moms are from run of the mill and
monetarily in change India. They travel to cosmopolitan urban systems at the ART
standard factors and manage the matter of the surrogacy".

This criticalness to present day goals of conviction looks surprising to individuals from
the "new India" like Dr. Malpani and his customers. Alan Greenspan structures that
"India is hot making and winding up being two substances: a rising piece of world-class
and certain improvement inside an unmatched culture that has been for the most ground
surface part crushing and filtering through for all ages."
The couple of issues looked by the surrogacy business will scarcely be finishing the
unprecedented occasions of surrogacy treatment in India. It won't spread idea in like
manner won't grow. India is moving towards a preservationist hypothesis through
surrogacy and its mind blowing practice. Call focuses and indulgence working conditions
are team up with the customers from the outside by affecting the more moderate and
amazingly strong structure for fertility65

The beast positive conditions of surrogacy are conventionally made by the rich structure
and the industrialist with made male driven culture. Truthness with the thankfulness is
that the participants may not have the level of exposure required by the surrogacy
program. The woman lays an extra egg to send the baby as an important sex difference.
At this level, the contract always favors financially stable men and women. The conflict
of rights obscures intermediate and social issues, which makes surrogacy contracts
impossible.

Most questions do not have intrinsic will to answer the question that flows into the
delivery of a child to others. 66

The amount paid to the surrogate does not go under any law or regulation so this amount
is usually paid to clinics with ART problems. A young woman going through the
surrogacy program does not know how to access this financial matter because there is no
legal protected area.

Communication within the surrogate mother and paid parents is always up to date. In the
view of the oppressor, parental or biological involvement during pregnancy is subject to
many limitations and limitations. Currently, India has only ICMR guidelines as a board
regulating surrogacy treatment.

An increasing study of formal learning was organized by the Center for Social Research
(under the Department of Women and Child Development - 2011-12) with the theme,

65 Family Law Council, Creating Children: A Uniform Approach to the Law and Practice of Reproductive
Technology in Australia 66 (1985).
66 Karen, T. Condie “Surrogacy as Treatment for Infertility” Journal of Law Society of Scotland 31(1986).
'Mother Tasting: Organic or Commerce Behavior'. As such, women who have agreed to
become mothers at their level are being paid 1% or 2% of the budget. The remaining 98%
is distributed to fertility clinics, doctors, nursing homes, midwives and agencies.
 CHAPTER V
CONCLUSION

Another name for Surrogacy. Surgogate's mother has replaced her mother with a genetic
predisposition. There are two types of surrogacy considerations and temporary physical
examination.

Traditionally, a child is genetically related to both the mother, the egg donor, and the
biological or donor father is unknown.

What was once a popular destination for foreign parents is no longer an option in 2015, at
which time the Indian government passed new risk management laws. Today, Indian
slavery laws make it illegal for immigrant parents to die in India. The only people who
can complete the commercial surrogacy in India today are Indian parents who aim for at
least five years.

It is difficult to pinpoint one of the reasons why slavery in India is banned by parents who
intend to negotiate abroad, but it is easy to see some of the factors that could contribute to
this decision by lawmakers.

Like all abuses committed abroad in highly developed countries, the protections available
to supervised and subjective parents are limited - and lead to serious consequences. When
Indian discrimination was first a growing industry, there were no regulations in its place,
and it was followed by unsafe and unpleasant practices.

Women who chose to be discriminated against in India at this time were treated unfairly,
living in conditions of health and exploitation. To keep up with the demand from
international-purpose parents, Indian surrogacy organizations have successfully run
"baby factories," where Indian women were forced to live until they gave birth to the
parents of their intended parents - without the family support they had left during
pregnancy.
In addition, auctioneers in India receive a portion of the expenses incurred by parents to
pay for the surrogacy agency - only with $ 4,000 to $ 5,000 for compensation. With
agencies charging twice as much money as possible, surrogates often exploited
commercial surrogacy. Their poverty and lack of education drove them into financial
planning, and their health improved as they became “child-rearing machines” year after
year. They didn't get the kind of essential services they and their family needed for this
emotional journey.

In response to the issues that came later, the Indian government tried to take measures to
make the process safer for all parties. Unfortunately, that has led to a process of blocking
an area that has made the process more difficult or impossible, rather than safer.

On physical examination, the child is genetically related to donating an egg to his father
intending to give you sperm, but not to hide.

Digging is the process by which the carrier is paid to move the child to maturity and is
usually turned into high-income spouses who cannot afford the expenses involved or the
survivors and then lend to people to pay their expenses. the dream of becoming parents.

Legal Details (Technology Law Recovery)

India ratified the legal sale agreement in 2002, India's increasing expansion led to
countless business growth by many companies claiming to be a surrogacy law firm and
directing and helping foreign visitors who wanted an Indian mother to rent her baby's
blessing. Such planning can be viewed as abusive to the environment as it not only
promotes child trafficking but also undermines women's reproductive power and the
natural value of children by changing them. This paved approach to the establishment of
various foreign companies in India, helps immigrants and helps them find an Indian
mother, helps foreigners with documents about high blood pressure and helps a child
obtain a passport and visa.
Section 228 of the Law Commission of India recommends avoiding trademark
infringement and permitting moral independence in accordance with applicable law. The
first reason for surrogacy services to be abolished in India is poverty, prompting poor
Indian women to rent her womb for money or other necessities.

In 2005, the Indian Council for Medical Research (ICMR) issued guidelines for
regulating surrogacy arrangements. The guidelines stated that the birth mother would be
entitled to monetary compensation, the amount to be determined by each couple and the
mother of the newborn. The guidelines have made it clear that the surrogate mother
cannot donate her egg for surrogacy and that she should forgo all parental rights related
to the saved baby.

After India's ban on surrogacy treatment for immigrants, border laws are being analyzed
worldwide.

Indian research policies on the environment have come a long way since 2008, when
legislation was enacted to provide for their children to feed their children. (In the UK,
thebirth mother is considered the legal parent until the parent order is issued, and this
may lead to behavioral disputes.) Now, India is forbidding immigrants (including non-
Indian citizens) from coming to India to receive surrogacy services. The commercial
surrogacy industry is valued at $ 400 million annually.

Prior to the ban, many couples from the UK and elsewhere chose to trade in India for the
most part because their country only allows voluntary engagement. For women willing to
work as providers without the additional cost it will be more difficult.

India was not the only country with a prosperous industrial sector; many prospective
parents turn to Thailand, Nepal or Cambodia. However, in August 2015 Thailand
restricted surrogacy services to couples where at least one spouse is Thai.

"This legislation aims to prevent the wombs of Thai women from becoming a womb of
the world," said Wanlop Tankananurak of the National Legislative Assembly in Thailand.
Nepal has also curtailed the subtle hacking that emerged six weeks ago when parents who
intended to leave the country were speaking, according to the Sydney Morning Herald.
Cambodia seems to be doing the same.

Admittedly, trade fraud does not present itself as a problem of immorality. Some see it as
a form of human trafficking or the exploitation of women who lived alone. Border
crossing is also suspected of being racist or neo-colonie overtones. Many cases
unfortunately have placed the problem of declining limits in providing substantial
assistance.

In 2014, Pattaramon Janbua, a Thai architect, gave birth to the twins of David Farnell and
Amy Li, an Australian couple. One of the children was born with Downs syndrome, and
the couple refused to raise him, leaving him with Pattaramon. They have accepted that
they are committed to their twin sister, NPR reported.

Between 2008 and 2010, the German couple Jan Balaz and Susan Anna Lohlad were
unable to raise their twin children, born in India, Germany, where the violation is illegal.
The twins had no Indian or German nationality during the two-year legal battle,
according to The Times of India.

It is noteworthy that the issues raised by these events apply to the absolute stability and
justice of the transaction.

Although popular, paid intelligence can be an important economic resource for

disadvantaged women. Pattaramon said, "Our family is poor and I wanted to take care of
my other children. There is nothing wrong with being a surrogate mother to help
someone." Response to problems associated with surrogacy may have less impact on the
prohibition of surrogacy or restrictions than on changing its laws.

Some propose adoption rules, which will help those removed from any parental
responsibility. That can be done first to introduce the nationality of children in a given
country.