Social Constructs of Surrogacy: The Indian Perspective

Sivakami, Nagarajan; Kanchana, P. Na.; Barclay, Francis P.

doi:10.1007/978-981-13-8421-9_15

Cited by 1 publication

(1 citation statement)

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“…These clinics give primacy to profits rather than epidemiological needs of patients such as dealing with reproductive tract infections, nutritional requirements of women and essential obstetric services (Kumar et al, 2013). Finally, the act of using the genuine economic need of women while failing to respect their reproductive labour (Sivakami et al, 2019) disregards the entire premise of morality in contracts.…”

Section: Perspective On Outlawing Commercial Surrogacymentioning

confidence: 99%

Right to be a Surrogate: Biological, Constitutional and Economic Perspectives

Borah¹,

Hazarika²,

Kalita

2020

SACI

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For the survival of all forms of life, procreation is essential. However, natural procreation is not always scientifically possible. As such, the practice of surrogacy and the use of Assisted Reproductive Techniques have become more widely recognised and accepted in societies all over the world. However, various complex and controversial issues are bounded in such practices. The Surrogacy (Regulation) Bill, 2019 introduced by Government of India makes an attempt to eradicate some of those issues associated with surrogacy. Nevertheless, the legislation seems to be in derogation to the Constitution of India and universal human rights. This study is designed to substantiate in detail the right to be a surrogate in light of the constitutional mandate along with an evaluation of the eligibility criteria to be a surrogate and its consequences with regard to the existing legal framework. Besides, the economic perspective of exploitation of surrogates via banning of commercial surrogacy has been briefly discussed. The discussion under this study is expected to put forward an essential perspective to the right to be a surrogate in relation to a woman’s right to life and personal liberty. Further, prohibiting commercial surrogacy may push practicing surrogates towards other economically unrewarding, poorly regulated and potentially hazardous forms of employment or even make them subject to human trafficking. Therefore, recognition of the right to be a surrogate vis-à-vis the Surrogacy (Regulation) Bill, 2019, would help in avoiding blatant miscarriage of universal justice while upholding the supremacy of the Constitution of India.

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Section: Perspective On Outlawing Commercial Surrogacymentioning

confidence: 99%