Revisiting surrogacy in India: domino effects of the ban

Pande, Amrita

doi:10.1080/09589236.2020.1830044

Cited by 12 publications

(5 citation statements)

References 17 publications

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“…The ban came into effect on November 3, 2015, through an order of the Ministry of Home Affairs in order to restrict the foreign nationals intending to visit India for commissioning surrogacy (Ministry of Home Affairs, 2015). India's role in the reproductive assembly line is changing at the national level as it shifts from focusing on “Made in India” babies to “Make in India,” with implications for expectant mothers (Pande, 2021).…”

Section: Commercial Surrogacy In India and The Surrogacy (Regulation)...mentioning

confidence: 99%

“…This called for instantaneous regulatory action to keep a check on fertility tourism and the inequality inherent in the surrogacy industry in India. There are several pieces of literature reviewed, which dealt with transnational and commercial surrogacy practiced in India (Arathi, 2019;Huber et al, 2018;Majumdar, 2018;Nair & Kalarivayil, 2018;Pande, 2016Pande, , 2021Rudrappa, 2021). Nevertheless, these respective studies were carried out before the promulgation of the Surrogacy (Regulation) Act, 2021, in India.…”

Section: Introductionmentioning

confidence: 99%

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The Surrogacy (Regulation) Act, 2021: Analyzing the effectiveness of India's ban on commercial surrogacy

Debnath

Chatterjee

2023

Sexuality Gender & Policy

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In India, the issue of surrogacy has brought the entire field of assisted reproductive techniques under close scrutiny and debate. It has caused controversies as the state has interfered the process of surrogacy to make it ethically acceptable. Indian government acknowledged the Surrogacy (Regulation) Act, 2021, to protect women's reproductive rights. The Act aims to ban commercial surrogacy and promote altruistic surrogacy without any payment except for the surrogate mother's medical expenses and her insurance coverage. This Act is the object of the first analysis of this article; and second, it investigates how the Act affects prospective childless couples, willing single parents, and members of the LGBTQ community. Employing the interview method and neo‐institutional methodology, this article concludes that the Act made the surrogacy more complex as, in actuality, altruistic surrogacy is a myth because it would be difficult for intended couples to find a willing surrogate mother who will intend to give birth to a child at no cost. This will pave the way for under the table transaction. The Act made it illegal for foreign couples as well as intended Indian couples who already have a child and restricts the chances for the LGBTQ community and single parents.

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Section: Commercial Surrogacy In India and The Surrogacy (Regulation)...mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The Surrogacy (Regulation) Act, 2021: Analyzing the effectiveness of India's ban on commercial surrogacy

Debnath

Chatterjee

2023

Sexuality Gender & Policy

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“…For example, India is also home to millions of people who experience infertility problems, such as Amrita and her companions at the infertility clinic discussed above. Since India banned transnational surrogacy and the increase in awareness of assisted reproductive technologies, more domestic stories about the inequalities and inequities of surrogacy and other experiences with infertility are beginning to be heard (Majumdar 2022;Pande 2021;Singh 2014).…”

Section: India's Ambivalent Reproductive Governancementioning

confidence: 99%

Untitled

2023

MIC

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“…While places like Germany, Italy and Spain ban all forms of surrogacy, other countries, such as the UK, the Netherlands and Denmark, only legally allow altruistic surrogacy arrangements. India, which until recently was known as a global hub for transnational commercial surrogacy,5 has now prohibited all commercial surrogacy arrangements, leaving open the altruistic surrogacy option only for certain domestic, heterosexual married couples 6. These days, Ukraine and Georgia have emerged as the areas where commercial (and transnational) surrogacy is permitted, and in the USA, surrogacy is allowed without specific regulation in most states, with some exceptions 7…”

Section: Commercial/altruistic Distinction In Surrogacymentioning

confidence: 99%

Surrogacy: beyond the commercial/altruistic distinction

Lee

2022

J Med Ethics

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In this article, I critique the commonly accepted distinction between commercial and altruistic surrogacy arrangements. The moral legitimacy of surrogacy, I claim, does not hinge on whether it is paid (‘commercial’) or unpaid (‘altruistic’); rather, it is best determined by appraisal of virtue-abiding conditions constitutive of the surrogacy arrangement. I begin my article by problematising the prevailing commercial/altruistic distinction; next, I demonstrate that an assessment of the virtue-abiding or non-virtue-abiding features of a surrogacy is crucial to navigating questions about the moral legitimacy of surrogacy; in the final part, I reject other moral heuristics that might be proposed as alternatives to the commercial/altruistic dichotomy, and reiterate that a virtue-ethical framework is the most suitable way forward.

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Revisiting surrogacy in India: domino effects of the ban

Cited by 12 publications

References 17 publications

The Surrogacy (Regulation) Act, 2021: Analyzing the effectiveness of India's ban on commercial surrogacy

The Surrogacy (Regulation) Act, 2021: Analyzing the effectiveness of India's ban on commercial surrogacy

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Surrogacy: beyond the commercial/altruistic distinction

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