Reproductive Autonomy Of Surrogate Mothers: A Constitutional Perspective
- IJLLR Journal
- Aug 4
- 1 min read
Priyotisha Debroy, Ph.D. Research Scholar, P.G. Department of Law, Sambalpur University, Jyoti Bihar, Odisha.
Prof. (Dr.) Bijayananda Behera, Principal and Dean, L.R. Law College, Sambalpur University, Burla, Odisha.
ABSTRACT
Assisted Reproductive Technology has grown rapidly worldwide and mostly in India from the year of 2002. India was the largest provider of commercial surrogacy services in the world3. Surrogacy is the service in which the surrogate mother carries a child on behalf of the intending parents. There are two types which are traditional and gestational surrogacy. Commercial surrogacy is the one which includes monetary remuneration given to the surrogate mothers. For the past two decades commercial surrogacy was an unregulated industry. The Surrogacy (Regulation) Bill 2019 aimed to regulate the surrogacy industry. The Bill banned the commercial surrogacy instead allowing only altruistic surrogacy. The bill has significantly created huge controversy due to the paternalistic view of the government and a state intervenes on the rights of reproductive autonomy of the women’s. The whole Bill is contradicting the constitutional rights of the surrogate mothers.
This paper will point out the lacunae’s of the newly enacted Act and also highlight the issues there in the Act. Also suggest new inclusion to incorporate in the provisions of the Act as well. The constitutional perspective related to the reproductive autonomy will also be discussed.
Keywords: Surrogate mothers, Commercial surrogacy, Intended parents, Babies, Assisted Reproductive Technology (ART).
