Gabriella Judith Martin, Symbiosis Law School, Hyderabad
ABSTRACT
Surrogacy is a widely debated topic, with the concern of ethics conforming to the medical standards as well as the socio-political domain. Commercial surrogacy in particular has been the centre of this debate since it has been viewed as exploitation of the human body and exceeds the natural means of reproduction. The paper covers important aspects that determine the ethics of commercial surrogacy in India. These aspects range from religious perspectives and folklore, the legislative deliberation that has taken place from decades ago, and the constitutional rights that guarantee fundamental rights based on the principles of natural justice. Theological perspectives explore the concept of surrogacy from the holy books and the word that is preached by the religious order of Christianity in particular, followed by Islam and Hinduism. Understanding the Indian society in terms of the laws that are being passed and the legal status of commercial surrogacy is explained through the “Surrogacy (Regulation) Bill, 2019” and the “Assisted Reproductive Technology (Regulation) Bill, 2020”. It defines conditions for surrogate eligibility and affirms rights to surrogates, the intending parents as well as the child born through this process. Concluding the segment, the author expands on the pros and cons of commercial surrogacy and the aforementioned bills. After assessing the aforesaid points, it can be said that commercial surrogacy is bliss rather than a curse. It helps out one party, the surrogate, financially and provides a bundle of joy for the other party, the parents. The right to a dignified life as well as the personal liberty of the surrogate is protected by the Indian Constitution.
