Fashion Surrogacy

Introduction:-

Fashion surrogacy means, where women who feel their figure would be disturbed if they carry a baby and thus opt for surrogacy. Fashion surrogacy is a statement made by Sushma Swaraj. She said that surrogacy is now becoming a fashion. This procedure is carried out when a mother’s egg is extracted and fertilized with the father’s sperm. The fertilized egg is subsequently implanted in the uterus of the Surrogate Mother, who is responsible for carrying the child to term.

Surrogacy Bill of 2019:-

The Surrogacy (Regulation) Bill 2019 was introduced in the Lok Sabha with the goal of making altruistic surrogacy more accessible in India. The government says that controlling surrogacy will stop the practice from becoming overly commercialized. Surrogacy has become commercialized, putting a lot of women from low-income backgrounds who lend their wombs in jeopardy.

Commercial surrogacy is illegal and punitive in India, Surrogacy for profit is when a surrogate mother is compensated to carry a child. Altruistic Surrogacy is the only type of surrogacy permitted in the country. Although the surrogate will not be paid, she may opt to do it out of goodwill for the couple. As a result, numerous relatives volunteer to be the child’s surrogate. Surrogacy is only available to Indian citizens under the bill. In India, foreigners and non-resident Indians are currently prohibited from finding surrogate mothers.

How is Surrogacy becoming a Fashion? 

Sushma Swaraj, a Union Minister, criticized some celebrities for making surrogacy a trend and shauq (hobby). She claimed that some celebrities who already have children – both boys and girls – use surrogacy to have another child because they don’t want to put their wives through (labor) pain. She cited a number of celebrities who, despite having their own children, chose to have a surrogate child. Shah Rukh Khan, Amir Khan, and Tusshar Kapoor, all from Bollywood, are among the celebrities who have had children through surrogacy. I’m sorry to hear that what began as a necessary practice has turned into a passion. This isn’t something to be enjoyed, which is becoming a fashion these days. 

Features of the Surrogacy (Regulation) Bill, 2019 :-

  • It mandates the establishment of surrogacy boards at both the national and state levels in order to ensure effective regulation.
  • It aims to make ethical altruistic surrogacy available to infertile Indian married couples aged 23-50 for the female and 26-55 for the male.
  • Surrogacy would be available only to Indian couples who have been legally married for at least 5 years.
  • Before proceeding with surrogacy, the couple must get a certificate of essentiality as well as a certificate of eligibility. It further states that intending parents should not, under any circumstances, abandon the child delivered through surrogacy.
  • The new born child is entitled to all of the same rights and advantages as a natural child.
  • The bill also aims to regulate surrogacy clinics’ operations. In order to perform surrogacy or associated treatments, all surrogacy clinics in the country must be registered with the proper authority.
  • Surrogate mothers are protected in numerous ways under the bill. One of them is long-term insurance coverage that covers not only the pregnancy but also the postpartum period.
  • It also states that when it comes to surrogacy, no sex selection is permitted.

What are the issues related to the Surrogacy (Regulation) Bill 2019?

Surrogacy is currently legal in India because there are no laws against it. Surrogacy (Regulation) Bill 2019 aims to outlaw commercial surrogacy and only allow altruistic surrogacy. Contracting a “near relative” as a surrogate by a heterosexual married couple who has been childless for five years is known as altruistic surrogacy.

The Surrogacy (Regulation) Bill 2019 solidifies the ban on commercial surrogacy, but it falls short of addressing the greater social, physical, psychological, emotional, and economic challenges that continue to jeopardize the surrogate mother’s and child’s welfare and safety.

Surrogacy in India and Need for Regulation :-

A surrogate mother is a woman who bears a child on behalf of another woman, either from her own egg or from the implantation in her womb of a fertilized egg from another woman.

Kanupriya aka Durga, the world’s second and India’s first IVF (in vitro fertilization) baby, was born in Kolkata on October 3, 1978. The field of assisted reproductive technology (ART) has progressed considerably since then.

Infertility is becoming more common as a medical illness, which is a major hindrance to couples’ general well-being and cannot be neglected, especially in a patriarchal society like India. Surrogacy is a lifesaver in this situation. 

Why Shilpa Shetty chose Surrogacy and Why is it on a Rise? 

Surrogacy was used by Shilpa Shetty to conceive her daughter. She revealed in a recent interview that she has always wanted a sibling for her son. “I had wanted to have another child for a long time after Viaan,” the actor revealed. However, I had an auto-immune illness known as APLA, which came into play every time I became pregnant. So, I’d had a couple of miscarriages, and it was a real problem.”

Shilpa also discussed how she considered adoption because she didn’t want her son to grow up alone. Everything was in motion. The Christian missionary, however, abruptly ceased operations due to a disagreement with Kara. 

We opted to go the surrogacy route after waiting nearly four years,” Shilpa stated.

Samisha was born after three attempts after a five-year struggle to conceive. Shilpa further described Samisha’s meaning: “’ Sa’ in Sanskrit means “to have,” and “Misha” in Russian means “someone like God.”

How Surrogacy became Boon for Couple who has such problem:-

  • Woman born without a uterus
  • Lost for any medical reasons like cancer or profuse uncontrollable bleeding
  • Malformed uterus in shape or size
  • Recurrent abortions/miscarriages
  • Failure of implantation in multiple IVF cycles
  • Cardiac/Renal/Neuro patients
  • Single-living men opt for single parenthood

Conclusion:-

The bill tries to prevent surrogacy from becoming a business in India. It does, however, permit altruistic surrogacy, in which the surrogate mother is entitled to no monetary compensation other than her medical expenses and insurance coverage during the pregnancy. Commercial surrogacy, on the other hand, entails the surrogate mother receiving monetary compensation in addition to her essential medical expenses and insurance coverage.

This article is written by Kiran Israni, 2nd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

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