Saturday, February 4, 2023

Know the laws, girl!


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Know the laws, girl!

Know the laws, girl!

In India, surrogacy is allowed for married couples with Indian citizenship. However, surrogacy is available to all married couples, live-in partners, unmarried women, single mothers and foreigners under the Assisted Reproductive Technology (ART) Act.

According to the Ministry of Health of our country, there are less than 1000 clinics for surrogacy.

Meanwhile, there are more than 40,000 medical centers for ART. ART has become a source of medical tourism in India. The growth of clinics offering this service is increasing day by day.

These include gamete donation, artificial insemination, in-vitro fertilization, intracytoplasmic sperm injection and genetic testing.

In line with the gender bias that exists in our society today, these laws allow a legally married man and woman in India to have a child through this method.

Thus non-binary and same-sex couples cannot use this law. Even though the Supreme Court decriminalized homosexuality in the case of Navden Singh, Union Ajab India, 2018, same-sex couples do not come under the ambit of this law. It does not apply to them.



They must know that the LGBTQ community is important in promoting equality in society, which every citizen of India is entitled to under the Fundamental Rights of the Indian Constitution.

In the case of Baby Manjimada v. Union of India (2008), the Supreme Court approved surrogacy for infertile parents.

This type of surrogacy was legalized in India in 2002. However, the lack of laws and governance structures to commercialize the process has led to a poor and unhygienic situation.

The Indian Act 2009 realized this and the government came up with regulations for the benefit of the people. In the 228th report, it was pointed out that in the Indian family a wife is respected only if she can bear children.

Thus poverty in India made surrogate mothers cheap. This has led to their vulnerability at various levels.

A surrogate is commercialize only when its services are market. Through this he gets medical bills, medical insurance plan and additional money.

While regulation of surrogacy is necessary with this in mind, banning it is not the answer. The government should try to regulate and monitor the laws.

Another problem with commercializing this is that the object of consideration in a surrogacy contract here is one’s life.

Therefore, the terms of the contract between the parent and the surrogate must be in such a way that neither is a disadvantage.

With this a woman can only be a surrogate once. He cannot commercially use as a source of income.

All licensed surrogacy clinics and registering online can prevent a woman from acting as a surrogate more than once in her lifetime.

Countries like Israel and South Africa have restrictive laws on commercial surrogacy. State authorities manage them.

Legalizing commercial surrogacy will help reduce its commercialization without harming both the surrogate mother and the child.

If commercial surrogacy is legalize, it will not only help to raise the standard of living of the financially disadvantage but also help prevent illegal surrogacy rather than regulation and control.

Surrogacy in India is a complicated task. Fulfill the number of legal obligations before starting the procedure.

Although surrogacy is a great option for infertile couples, people should accept it.


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This post is also available in: Tamil